Excess Capacity. In the event that excess capacity is provided in any aqueduct reach for the purpose of making Project Water available in the future to an agency or agencies with which the State has not executed contracts at the time of any allocation of costs pursuant to this subdivision, the prospective Maximum Annual Table A Amount or Amounts to be supplied by such excess capacity, as determined by the State, shall be deemed to be contracted for by such agency or agencies for the purpose of such allocation of costs, to the end that the Capital Costs of providing such excess capacity are not charged to any Contractor entitled by virtue of an executed contract to the delivery of Project Water from or through that aqueduct reach at the time of such allocation. Where additional capacity is provided in any aqueduct reach to compensate for loss of water due to evaporation, leakage, seepage, or other causes, or to compensate for scheduled outages for purposes of necessary investigation, inspection, maintenance, repair or replacement of the facilities of the Project Facilities, then, for the purpose of any allocation of costs pursuant to this subdivision:
Excess Capacity. Customer may throughput volumes in excess of a Minimum Throughput Commitment, up to the then-available capacity of the Terminal, net of any third-party commitments, as determined by TLO at any time, which allocation of any excess capacity shall be in accordance with current practices, or as otherwise may be set forth in a Terminal Service Order. If during any Month during the Term, Customer throughputs aggregate volumes greater than a Minimum Throughput Commitment, then Customer shall pay TLO an amount equal to the fee determined by multiplying the actual volumes throughput by Customer in excess of the applicable Minimum Throughput Commitment by the Terminalling Service Fee (the “Excess Amount”).
Excess Capacity. The PathNet Excess Capacity and the Incumbent Excess Capacity.
Excess Capacity. TRMC may throughput volumes in excess of the Reserved Capacity, up to the then-available capacity of each Terminal, net of any third-party commitments, as determined by TLO at any time, which allocation of any excess capacity shall be in accordance with current practices, or as otherwise may be set forth in a Terminal Service Order.
Excess Capacity. The State shall provide: (i) in each reach of the project transportation facilities from Kettleman City to the South Portal of the Tehachapi Tunnels excess capacity in the amount of one-hundred eighty-eight (188) cubic feet per second, and (ii) in the reach of the project transportation facilities from Silverwood Lake to South Portal San Bernardino Tunnel excess capacity in the amount of seven-hundred eighty-seven (787) cubic feet per second. To the extent made possible by the excess capacity provided in accordance with the preceding sentence, the State shall comply with requests of the District to deliver from the project transportation facilities downstream from Tehachapi Pumping Plant in any one month of any year a total amount of project water greater than eleven percent (11%) of the District’s annual entitlement for that year: Provided, That in any year the District may request, and, to the extent made possible by capacity provided by the State, the State shall comply with the requests of the District for delivery of water through the West Branch Aqueduct in an amount up to the District’s annual entitlement for such year. In no event shall the State be obligated to deliver to the District from the project transportation facilities downstream from Tehachapi Pumping Plant in any one month of any year a total amount of project water greater than eleven percent (11%) of the District’s annual entitlement for that year except insofar as the excess provided in accordance with the first sentence of this subdivision (c) makes possible such greater delivery: Provided further, That in any year the State shall not be obligated to deliver to the District through the main California Aqueduct and the West Branch Aqueduct in combination an amount of water in excess of the District’s annual entitlement for such year.
Excess Capacity. In the event that XXXX determines during the Initial Production Period that the XXXX Facility has the capacity to produce more Biodiesel than the amount contained on Schedule 1, XXXX will notify MBF of such additional capacity and the revisions to the Biodiesel Delivery Dates on the applicable Schedule 1 that would result from such increased production and MBF shall have the option to agree to such increased production. In the event XXXX determines the XXXX Facility has the capacity to produce more Biodiesel for MBF in any future Renewal Production Period than the amount contained in Schedule 1, XXXX will notify MBF of such additional capacity, and MBF shall have the option to agree to such increased production (subject to the parties negotiating in good faith and agreeing to appropriate revisions to the Schedule 1 and other necessary terms of a such Renewal Production Option). In either case, if MBF acquires additional production capacity, XXXX will be compensated for such increased production at the Base Toll Fee agreed for such production period. If MBF does not elect to acquire such additional production capacity, XXXX shall be free to utilize such additional capacity as it deems appropriate, including contracting with third parties or producing for its own account.
Excess Capacity. Customer may throughput volumes in excess of the Terminal Minimum Throughput Commitment for the particular Terminal, up to the then-available capacity of the particular Terminal, net of any third-party commitments, as determined by TLO at any time, which allocation of any excess capacity shall be in accordance with current practices, or as otherwise may be set forth in a Terminal Service Order. If during any Month during the Term, Customer throughputs aggregate volumes of a particular Product at a Terminal greater than the Terminal Minimum Throughput Commitment for the particular Terminal, then Customer shall pay TLO an amount equal to the fee determined by multiplying the actual volumes throughput by Customer in excess of the Terminal Minimum Throughput Commitment for the particular Terminal by the Terminalling Service Fee for the particular Terminal (the “Terminal Excess Amount”).
Excess Capacity. If any of the improvements installed by Subdivider exceed the requirements and are sized in contemplation of serving additional filings, Subdivider acknowledges that such excess is installed at Subdivider’s risk and cannot be the basis for requiring the County to approve additional filings.
Excess Capacity. Capacity in excess of 2074 MW from Xxxxxx Powerplant provided under this Contract.
Excess Capacity. Shipper shall have first priority rights with respect to the capacity in Gatherer’s Systems. Notwithstanding the preceding sentence of this Article 1.9, if, for any period during the Term, there exists any throughput capacity in Gatherer’s Systems that, as determined by Gatherer (taking into account the volumes of Gas made available by Shipper at the Receipt Points during the preceding two (2) months, Shipper’s current Receipt Nomination, Shipper’s current level of drilling activity on the Dedicated Acreage, and Shipper’s anticipated gathering requirements for the succeeding three (3) months), is not required to accommodate the volumes of Dedicated Gas expected to be made available by Shipper at the Receipt Points hereunder or to perform any gathering agreement with any third Person pertaining to Gatherer’s Systems then in existence, Gatherer shall have the exclusive right to market and make available to other Persons, for Gatherer’s own account, such excess capacity on such terms and conditions as Gatherer may determine. No such third Person gathering agreement shall create obligations inconsistent with, or impair the ability of Gatherer to perform, Gatherer’s obligations under this Agreement; provided, however, that the inclusion in any such third Person gathering agreement of economic terms different from those contained in this Agreement shall not constitute such an inconsistency for purposes hereof.
