Future Capacity Sample Clauses

Future Capacity. If the System’s current water production capacity is increased after the date of this Agreement, and provided that each Township, on its own or through the end users of the System located in such respective Township, has paid for its share of the cost of increasing such firm water production capacity, then each Township shall be allocated and have full access to a one-fourth share of the firm future capacity (the “Future Allocated Share”), provided that each Township has fulfilled all of its obligations under agreements with the Authority. Notwithstanding the foregoing, a Township may elect not to participate in the cost of expanding the capacity of the System in the future and in such event the Board of the Authority shall amend this section to reallocate the Future Allocated Share of capacity on an equitable basis, as determined by the Board of the Authority. In the event a Township shall desire an increase in capacity above its Allocated Share, then the Township shall first solicit excess capacity from other participating Townships prior to the Authority proceeding with an expansion to the System.
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Future Capacity. Provide details and timelines for creating or increasing capacity during the term of the anticipated agreement, if required, to meet the service demands outlined in the RFP.
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Future Capacity. (a) Landlord shall have the right, from time to time, upon no less than thirty (30) days prior written notice, to add to the Facility generator and chiller units or modules providing additional capacity. In so doing, Landlord shall use reasonable efforts not to disrupt Tenant's use of the Facility, Generator and Chiller units or modules without Tenant's consent which shall not be unreasonably withheld. Tenant agrees to cooperate with Landlord and/or other Building tenants (the "Subsequent Users") to whom Landlord grants rights to use the Facility. For so long as Tenant is providing maintenance and repair services with respect to the Facility, Landlord shall condition Subsequent Users' use of the excess capacity of the chiller on their entering into arrangements for reimbursement with Tenant for Tenant's maintenance and repair expenses associated with the chiller; provided, however, Tenant shall only charge Subsequent Users for its actual costs of maintenance and repair. (b) Without limiting the generality of the terms of Paragraph 3(a) above, Tenant agrees that at all times during the term of the Lease, Landlord shall have the right to allocate to Subsequent Users the use of fuel from the Fuel Tank in the aggregate amount of thirty percent (30%) of the Fuel Tank capacity. but in no event less than 3,000 gallons (the "Landlord Gallon Allocation"). The use by Tenant (or the allocation by Tenant to ZD) of fuel in excess of an amount that enables Landlord to use or to allocate to Subsequent Users the Landlord Gallon Allocation shall be deemed an Event of Default (as defined in Article 9 of the Lease) under the Lease. (c) If ZD does not utilize the capacity allocated to ZD under the terms of Paragraph 4(d) of the First Amendment, Tenant may re-sell such capacity to other tenants of the Building, or to Landlord, at a price and on terms as may be mutually agreed upon, but otherwise subject to the terms of the Lease, as amended hereby. (d) Paragraph 4(e) of the First Amendment is hereby deleted in its entirety, and is of no further force and effect.
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Future Capacity. The following stubouts will be provided for future connection of tenant fixtures from one set of connections at the core and two wetstacks remotely located from the core.
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Related to Future Capacity

  • Individual Capacity The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Affiliates as though the Administrative Agent were not an Agent. With respect to the Loans made by it and all obligations owing to it, the Administrative Agent shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though it were not an Agent, and the terms “Required Lenders”, “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

  • Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.

  • Legal Capacity All parties to the Mortgage Note and the Mortgage had legal capacity to enter into the Mortgage Loan and to execute and deliver the Mortgage Note and the Mortgage, and the Mortgage Note and the Mortgage have been duly and properly executed by such parties. The Mortgagor is a natural person;

  • Maximum Capacity The Sick Leave Bank shall accumulate unused Bank days from year to year to a maximum capacity which shall not exceed double the number of eligible employees as defined in the above Section C, Eligibility for Membership.

  • Financial Capacity (a) Taking into account the Financing Commitment, such Purchaser has, and at the Closing will have, sufficient resources to pay, in cash any and all amounts necessary for it to consummate the transactions contemplated hereby at the Closing, including payment of its Pro Rata Share of the Seller Purchase Price and the Company Purchase Price, and in the case of Purchaser A only, the Additional Company Purchase Price and the Election Purchase Price (to the extent payable hereunder) and all the fees and expenses expressly required to be paid by such Purchaser hereunder without any restrictions to transfer such funds at Closing to the Seller and the Company, as and to the extent required to be paid pursuant to, and subject to the terms of, this Agreement. The Sponsor affiliated with such Purchaser has, and at the Closing will have, sufficient resources to meet its obligations under its Commitment Letter as they become due. (b) As of the date of this Agreement, such Purchaser has delivered to the Seller a true, correct and complete copy of the Commitment Letter provided by its affiliated Sponsor, dated as of the date hereof. Such Commitment Letter has not been amended or modified, and the respective commitments contained in such Commitment Letter have not been withdrawn, terminated or rescinded. Such Commitment Letter (i) is in full force and effect, (ii) constitutes the legal, valid and binding obligation of such Purchaser and the Sponsor party thereto, and (iii) is enforceable by the Seller and the Company against such Purchaser and the Sponsor party thereto, in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other Legal Requirements of general applicability relating to or affecting creditors’ rights and to general equity principles. There are no side letters or other Contracts related to the funding or investing, as applicable, of the applicable Financing Commitment other than such Commitment Letter. There are no conditions precedent to the consummation of such Financing Commitment other than those set forth in such Commitment Letter. As of the date of this Agreement, the Sponsor affiliated with such Purchaser is not subject to bankruptcy proceedings. (c) Notwithstanding anything to the contrary contained herein, in no event shall this Section 4.4 be deemed breached (and no condition set forth in Section 6.3 shall be deemed to have failed as a result of any actual or alleged breach of this Section 4.4), if (notwithstanding any actual or alleged breach), such Purchaser is willing and able to consummate its obligations at the Closing if and when it is otherwise required to do so under the terms and conditions of this Agreement.

  • Shareholder Capacity No Person executing this Agreement who, during the term hereof, is or becomes a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a director or officer of the Company. Each Principal Shareholder signs solely in his, her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder Shares.

  • Corporate Capacity The Acquirer has the corporate power, capacity and authority to enter into and complete this Agreement;

  • Power and Capacity The Shareholder has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes the Shareholder’s valid, legal and binding obligation and is enforceable against the Shareholder in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights;

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

  • Stockholder Capacity No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding herein in his or her capacity as such director or officer. Stockholder signs solely in his, her or its capacity as the beneficial owner of the Subject Shares and nothing herein shall limit or prohibit Stockholder or any of its Representatives, in his or her capacity as an officer or director of the Company, from taking any action or failing to take any action in such capacity.

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