Election of Facility Sample Clauses

Election of Facility. Subject to the terms and conditions of this Section 3.1(a), Seller shall have a one-time right to specify whether the separately metered seventy (70) MW share of the Desert Harvest Project will be replaced by the separately metered seventy (70) MW share of the Maverick Project as the ongoing Facility under this Agreement by delivery of notice thereof to Buyer on or before June 1, 2020, which notice shall include the updated Annual Contract Quantity, subject to Section 3.1(b) (the “Facility Notice”). If Seller intends that the separately metered seventy (70) MW share of the Maverick Project will be the Facility, Seller shall also include with the Facility Notice (i) a form of the assignment and assumption agreement pursuant to which this Agreement will be assigned by Seller to Maverick, (ii) documents satisfying the conditions set forth in Section 2.4(a) as if Maverick were Seller, including a new Enforceability Opinion and Non-Consolidation Opinion, (iii) a proposed Schedule 12.2(h) updated for the corporate organizational structure and ownership of Maverick (as “Seller” under this Agreement) and each Upstream Equity Owner up to the Ultimate Parent Entity, (iv) Maverick’s tax payer identification number, and (v) a certificate of an officer of Maverick certifying that (A) the representations and warranties of Seller contained in this Agreement are true and correct as made by Maverick as of the date of the Facility Notice (or, if any such representation and warranty refers specifically to an earlier date, only as of such earlier date with respect to such representation and warranty) and (B) each Milestone with a Milestone Date that is on or before the Facility Notice date has been achieved with respect to the applicable seventy (70) MW share of the Maverick Project (the “Facility Notice Package”). Buyer shall notify Seller within thirty (30) days after receipt of the Facility Notice Package of its approval thereof or of any deficiencies therein. If Buyer approves the Facility Notice Package, Seller may assign this Agreement to Maverick pursuant to an assignment and assumption agreement in the form of Appendix H hereto (the “Maverick Assignment Agreement”), and effective upon the execution and delivery of the EXHIBIT A-34
Sample 1
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Election of Facility. Subject to the terms and conditions of this Section 3.1(a), Seller shall have a one-time right to specify whether the separately metered seventy (70) MW share of the Desert Harvest Project will be replaced by the separately ... (b)
Sample 1

Related to Election of Facility

  • Inspection of Facilities In order to meet their respective obligations under this Agreement, any Party may view or inspect facilities owned by another Party. Provided that reasonable notice is given, a Party shall not unreasonably deny access to relevant facilities for viewing or inspection by the requesting Party.

  • Provision of Facilities 8.10 The Board shall provide the Association with two adjacent serviced wheelchair accessible offices, free of charge, and the use of the internal University postal service.

  • Application of Funds After the exercise of remedies provided for in Section 8.02 (or after the Loans have automatically become immediately due and payable and the L/C Obligations have automatically been required to be Cash Collateralized as set forth in the proviso to Section 8.02), any amounts received on account of the Obligations shall be applied by the Administrative Agent in the following order: First, to payment of that portion of the Obligations constituting fees, indemnities, expenses and other amounts (including fees, charges and disbursements of counsel to the Administrative Agent and amounts payable under Article III) payable to the Administrative Agent in its capacity as such; Second, to payment of that portion of the Obligations constituting fees, indemnities and other amounts (other than principal, interest and Letter of Credit Fees) payable to the Lenders and the L/C Issuer (including fees, charges and disbursements of counsel to the respective Lenders and the L/C Issuer and amounts payable under Article III), ratably among them in proportion to the respective amounts described in this clause Second payable to them; Third, to payment of that portion of the Obligations constituting accrued and unpaid Letter of Credit Fees and interest on the Loans, L/C Borrowings and other Obligations, ratably among the Lenders and the L/C Issuer in proportion to the respective amounts described in this clause Third payable to them;

  • No Dedication of Facilities Any undertaking by one Party to the other Party under any provision of this Agreement shall not constitute the dedication of the system or any portion thereof by the Party to the public or to the other Party, and it is understood and agreed that any such undertaking under any provision of this Agreement by a Party shall cease upon the termination of its obligations hereunder.

  • Application of General Conditions These General Conditions set forth the terms and conditions generally applicable to the Development Grant Agreement to the extent and subject to any modifications set forth in such agreement.”

  • NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $

  • Amount of Funds; Application of Funds Lender may, at any time, collect and hold Funds in an amount up to, but not in excess of, the maximum amount a lender can require under RESPA. Lender will estimate the amount of Funds due in accordance with Applicable Law. The Funds will be held in an institution whose deposits are insured by a U.S. federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender will apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender may not charge Borrower for: (i) holding and applying the Funds; (ii) annually analyzing the escrow account; or (iii) verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless Lender and Borrower agree in writing or Applicable Law requires interest to be paid on the Funds, Lender will not be required to pay Borrower any interest or earnings on the Funds. Lender will give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.

  • Application of Contract Provisions The parties agree that the following contract provisions shall not apply to these employees:

  • Allocation of Funds AMO will allocate and transfer Funds on the basis of the formula determined by Ontario.

  • Cancellation of Collocation Request CLEC may cancel a Collocation request prior to the completion of the request by Qwest by submitting a Collocation Cancellation Application. CLEC shall be responsible for payment of all costs incurred by Qwest up to the point when the cancellation is received. Collocation Cancellation is available for all Collocations under a particular billing authorization number (BAN) for which CLEC has not received notification of completion from Qwest. Cancellation is offered for all types of Collocation. A cancellation will only occur upon request by CLEC.

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