EQUIPMENT CAPACITY. Operations shall not be attempted under any conditions which exceed the capacity of the equipment specified to be used hereunder or where canal or water depths are in excess of N/A feet. Without prejudice to the provisions of Paragraph 14 hereunder, Contractor shall have the right to make the final decision as to when an operation or attempted operation would exceed the capacity of specified equipment.
EQUIPMENT CAPACITY. Contractor shall provide equipment capable of performing the Services under the conditions described in Exhibit C. Contractor shall not be obligated to perform Services under conditions that exceed the maximum bpm or psi conditions set forth in Exhibit C. In the event the operation would exceed the maximum bpm or psi conditions set forth in Exhibit C Contractor shall be entitled to increased equipment charges (but only to the extent approved by Producer in advance, which approval shall not be unreasonably withheld or delayed).
EQUIPMENT CAPACITY. In the event that Sankyo’s twenty-four (24) month rolling forecasts would require Cygnus to add plant and/or equipment with costs in an excess of ***, then Cygnus will notify Sankyo of any such proposal to add plant and/or equipment in writing as well as the anticipated regulatory timeline, and Sankyo will notify Cygnus of its acceptance or rejection of such capacity expenditure and/or expansion in writing within thirty (30) calendar days of such notification. The parties recognize that such capacity expenditure and/or expansion may result in regulatory filings and significant waiting periods for regulatory approvals. Cygnus and Sankyo will mutually agree in advance in writing prior to any material capacity expenditure and/or expansion, timing and implementation, and any cost sharing associated with such capital expenditure and/or expansion. In the event that such capacity expenditure and/or expansion is not agreed upon, then Sankyo’s forecasts cannot exceed the equipment capacity and staffing current at the time the forecast requiring such additional plant and/or equipment is provided by Sankyo.
EQUIPMENT CAPACITY. Contractor shall not be obligated to perform Services under conditions that exceed the maximum bpm ([***] bpm) or maximum psi conditions ([***] psi). In the event an operation would exceed the maximum bpm or psi conditions, Contractor shall be entitled to increased equipment charges.
EQUIPMENT CAPACITY. If applicable hereunder, operations shall not be attempted where canal or water depths are in excess of NA feet, or under any other conditions which exceed the capacity of the equipment specified to be used hereunder. Contractor shall make final decision as to when an operation or attempted operation would exceed the capacity of specified equipment.
EQUIPMENT CAPACITY. Subject to, and without waiving the provisions of Article 45, Contractor shall not attempt, and Operator shall not require Contractor to attempt, operations under any conditions that exceed the capacity of Contractor’s Equipment. Contractor shall have the right, but not the obligation, to make the final decision as to when an operation or attempted operation would exceed the actual documented capacity of such Contractor’s Equipment (or any component thereof).
