Facility upgrade Sample Clauses

Facility upgrade. Within 180 calendar days of the effective date of this Compliance Agreement Schedule, Agropur must develop and submit a completed Preliminary Engineering Report prepared by a professional engineer licensed in the state of Idaho, to the Department’s Twin Falls Regional Office, as specified below: Xxx Xxxxx, Water Quality Staff Engineer Idaho Department of Environmental Quality 000 Xxxxxxx Xxxxxx Xxxx, Xxxxx 000 Twin Falls, ID 83301 The Preliminary Engineering Report must include sufficient detail to support design and construction to address and eliminate the violations identified in Paragraph 3 of this Compliance Agreement Schedule, and meet the requirements of IDAPA 00.00.00.000, including, but not limited to: A. A solution to address the existing undersized treatment system that prohibits the Facility from fully treating the regulated process wastewater and being in compliance with the effluent limits and flow limit identified in the IPDES Permit. The facility upgrade must consider the following: • Multiple treatment trains with parallel and serial capability • Multiple process control sample locations • Full system redundancy with remote alarms • Out-of-specification wastewater rerouted back into treatment system • Installation of a magmeter to be used for flow measurement • Water reduction or water recycling • Other viable options B. A project implementation schedule with completion dates that addresses Paragraph 7 of this Compliance Agreement Schedule, for: • Plans and Specifications • System Construction • Operations and Maintenance Manuals, and • Record drawings C. An implementation schedule to complete this upgrade that must identify a construction completion date not to exceed December 31, 2022, for all complete facility upgrades as identified in Paragraph 7 of this Compliance Agreement Schedule. The Department will review for approval the Preliminary Engineering Report. Ensure all submittals are provided to the Department taking into account the potential review timeline and the deadline for a completed facility upgrade.
Sample 1
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Facility upgrade. ‌ (a) The Supplier shall use Commercially Reasonable Efforts to achieve Upgrade In- Service by no later than the Milestone Date for Upgrade In-Service. (b) The Facility will be deemed to have achieved “Upgrade In-Service” at the point in time when:‌ (i) the Buyer has received a certificate from the Supplier in the form set out in Exhibit U;‌ (ii) the Buyer has received an IE Certificate, in the form set out in Exhibit V; and‌ (iii) the Facility has completed the Facility Upgrade Performance Test. (c) Upgrade In-Service may be achieved in respect of part or all of the Upgrade Capacity provided that once Upgrade In-Service has been achieved, there shall be no further opportunity to increase the Achieved Upgrade Capacity. (d) Once Upgrade In-Service is achieved, the value of the “Achieved Seasonal Upgrade Capacity” for each Season shall be established based on the result of the Facility Upgrade Performance Test performed in accordance with Exhibit W, and in particular with respect to the Electricity output (in MWh) for the lowest production hour of the Test Period, divided by one hour (“Upgrade Test Result”). If the Upgrade Test Result is greater than or equal to the Upgraded Capability Range at the highest ambient air temperature for the relevant hour (based on linear interpolation of the observed highest ambient air temperature falling between two indicated ambient air temperatures outlined in Section 2 of Exhibit W) then the Achieved Seasonal Upgrade Capacity shall be equal to the Seasonal Upgrade Capacity for each Season. If the Upgrade Test Result is less than the Upgraded Capability Range at the highest ambient air temperature for the relevant hour (based on linear interpolation of the observed highest ambient air temperature falling between two indicated ambient air temperatures outlined in Section 2 of Exhibit‌ W) then: (i) the Achieved Seasonal Upgrade Capacity for the Season in which the Facility Upgrade Performance Test was conducted shall be equal to the Seasonal Upgrade Capacity for such Season less the positive difference between the Upgraded Capability Range at the highest ambient air temperature for the relevant hour (based on linear interpolation of the observed highest ambient air temperature falling between two indicated‌ ambient air temperatures outlined in Section 2 of Exhibit W) and the Upgrade Test Result; and (ii) the Achieved Seasonal Upgrade Capacity for each Season other than the one in which the Facility Upgrade Performance Test wa...
Sample 1

Related to Facility upgrade

  • Facility Use The Employer shall allow individuals the use of gender- segregated facilities, such as restrooms, locker rooms, and dressing rooms that are consistent with that individual's gender expression or gender identity. In such facilities where undressing in the presence of others occurs, the Employer shall allow access to and use of a facility consistent with that individual's gender expression or gender identity.

  • Facility Prudential is willing to consider, in its sole discretion and within limits which may be authorized for purchase by Prudential Affiliates from time to time, the purchase of Shelf Notes pursuant to this Agreement. The willingness of Prudential to consider such purchase of Shelf Notes is herein called the “Facility”. At any time, the aggregate principal amount of Shelf Notes stated in Section 1.2, minus the aggregate principal amount of Shelf Notes purchased and sold pursuant to this Agreement prior to such time, minus the aggregate principal amount of Accepted Notes (as hereinafter defined) which have not yet been purchased and sold hereunder prior to such time, is herein called the “Available Facility Amount” at such time. NOTWITHSTANDING THE WILLINGNESS OF PRUDENTIAL TO CONSIDER PURCHASES OF SHELF NOTES BY PRUDENTIAL AFFILIATES, THIS AGREEMENT IS ENTERED INTO ON THE EXPRESS UNDERSTANDING THAT NEITHER PRUDENTIAL NOR ANY PRUDENTIAL AFFILIATE SHALL BE OBLIGATED TO MAKE OR ACCEPT OFFERS TO PURCHASE SHELF NOTES, OR TO QUOTE RATES, SPREADS OR OTHER TERMS WITH RESPECT TO SPECIFIC PURCHASES OF SHELF NOTES, AND THE FACILITY SHALL IN NO WAY BE CONSTRUED AS A COMMITMENT BY PRUDENTIAL OR ANY PRUDENTIAL AFFILIATE.

  • Facility Access Notwithstanding any other provision of the Agreement, the Customer shall provide the Authority with such access to the Facility, and such documentation, as the Authority deems necessary to determine the Customer’s compliance with the Customer’s Supplemental Commitments specified in this Schedule B.

  • System Upgrade Facilities Transmission Owner shall design, procure, construct, install, and own the System Upgrade Facilities described in Appendix A hereto. The responsibility of the Developer for costs related to System Upgrade Facilities shall be determined in accordance with the provisions of Attachment S to the NYISO OATT.

  • System Upgrade Facilities and System Deliverability Upgrades Connecting Transmission Owner shall design, procure, construct, install, and own the System Upgrade Facilities and System Deliverability Upgrades described in Appendix A hereto. The responsibility of the Developer for costs related to System Upgrade Facilities and System Deliverability Upgrades shall be determined in accordance with the provisions of Attachment S to the ISO OATT.

  • Facility Fee The Company shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, a facility fee, in Dollars, equal to the Applicable Rate for facility fees times the actual daily amount of the Aggregate Commitments (or, if the Aggregate Commitments have terminated, on the Outstanding Amount of all Committed Loans, Swing Line Loans and L/C Obligations), regardless of usage, subject to adjustment as provided in Section 2.18. The facility fee shall accrue at all times during the Availability Period (and thereafter so long as any Committed Loans, Swing Line Loans or L/C Obligations remain outstanding), including at any time during which one or more of the conditions in Article IV are not met, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability Period (and, if applicable, thereafter on demand). The facility fee shall be calculated quarterly in arrears, and if there is any change in the Applicable Rate for facility fees during any quarter, the actual daily amount shall be computed and multiplied by the Applicable Rate for facility fees separately for each period during such quarter that such Applicable Rate for facility fees was in effect.

  • Revolving Facility (a) As of the Effective Date, the aggregate outstanding principal amount of the Existing Revolving Loans, other than, for the avoidance of doubt, any “Swing Line Loans” (under and as defined in the Existing Credit Agreement) is set forth on Schedule 2.1. 1. The Existing Revolving Loans are held by the Existing Lenders in the amounts set forth on Schedule 2.1. 1. Subject to the terms of this Agreement and in reliance on the representations and warranties of the Borrowers herein, each of the parties hereto hereby agrees that (A) the Existing Revolving Loans shall be, from and following the Effective Date, continued and outstanding as the Revolving Loans under this Agreement, (B) concurrently therewith, the Extending Lenders shall have assigned their Existing Revolving Loans and Existing Commitments among themselves and to the New Lenders and hereby direct the Administrative Agent to re-allocate all Existing Revolving Loans and Existing Commitments and require the extension of new Revolving Loans, such that, after giving effect to the transactions contemplated hereby the Revolving Loans and Commitments (prior to giving effect to any Advances to be made on the Effective Date) shall be allocated among the Lenders as set forth in Schedule 2.1.1, (C) all “Swing Line Loans” (under and as defined in the Existing Credit Agreement) and “Letters of Credit” (under and as defined in the Existing Credit Agreement) outstanding and issued under the Existing Credit Agreement immediately prior to the Effective Date shall continue to be outstanding and issued under this Agreement, and (D) on and after the Effective Date the terms of this Agreement shall govern the rights and obligations of the Borrowers, the other Loan Parties, the Lenders, the Swing Line Lender, the LC Issuers and the Administrative Agent with respect thereto. (b) From and including the Effective Date and prior to the Facility Termination Date, each Lender severally agrees, on the terms and conditions set forth in this Agreement, to make Revolving Loans to the Borrowers in Agreed Currencies, participate in Facility LCs issued in Agreed Currencies, and participate in Facility LCs issued in Discretionary Currencies at the discretion of an LC Issuer, in each case upon the request of the Borrowers; provided, that (i) after giving effect to the making of each such Revolving Loan and the issuance of each such Facility LC, the Dollar Amount of each Lender’s Outstanding Revolving Credit Exposure shall not exceed its Revolving Commitment, and (ii) all Base Rate Loans shall be made in Dollars. Subject to the terms of this Agreement, each Borrower may borrow, repay and reborrow the Revolving Loans at any time prior to the Facility Termination Date; provided, that a Foreign Borrower may only borrow in its respective Designated Currencies. The Revolving Commitments shall expire on the Facility Termination Date. The LC Issuer will issue Facility LCs hereunder on the terms and conditions set forth in Section 2.19.

  • Reduction of Total Commitment The Borrower shall have the right at any time and from time to time upon three (3) Business Days prior written notice to the Administrative Agent to reduce by $5,000,000 or an integral multiple thereof or to terminate entirely the Total Commitment, whereupon the Commitments of the Lenders shall be reduced pro rata in accordance with their respective Commitment Percentages of the amount specified in such notice or, as the case may be, terminated. Promptly after receiving any notice of the Borrower delivered pursuant to this Section 2.3, the Administrative Agent will notify the Lenders of the substance thereof. Upon the effective date of any such reduction or termination, the Borrower shall pay to the Administrative Agent for the respective accounts of the Lenders the full amount of any Commitment Fee then accrued on the amount of the reduction. No reduction or termination of the Commitments may be reinstated.

  • Unused Revolving Line Facility Fee A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to one quarter of one percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder; and

  • Generating Facility The Interconnection Customer’s device for the production of electricity identified in the Interconnection Request, but shall not include the Interconnection Customer’s Interconnection Facilities.

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