Future Resources and Resource Modifications Sample Clauses

Future Resources and Resource Modifications. 3.3.1 The Seller shall not (i) make any expenditure, or enter into any binding contract obligating Seller to make expenditures, for construction or acquisition of a Future Resource that is a Generating Resource other than a Discretionary Resource Modification or (ii) enter into an agreement for a Future Resource that is a Power Purchase Resource unless: (a) Purchasers have subscribed for PCRs in such Future Resource totaling one hundred percent (100%) in accordance with Section 3.3.3; and (b) such Future Resource has been approved by (x) at least seventy-five percent (75%) of the Seller’s Board of Directors, (y) at least seventy-five percent (75%) of the Member Purchasers and (z) Member Purchasers having patronage capital in the Seller equaling at least seventy-five percent (75%) of the accumulated patronage capital of all Member Purchasers in the Seller as of the end of the most recently completed fiscal year of the Seller. The approval of the Member Purchasers referred to in clauses (y) and (z) must be evidenced by resolutions of the boards of directors of such Member Purchasers specifically approving such Future Resource. 3.3.2 Subject to the provisions of this Section 3.3.2, the Seller may, in its sole discretion, undertake from time to time capital expenditures for a Resource Modification. The parties recognize that a Resource Modification may change the capacity or the term or useful life of a Resource. In such event, a change may be required to be made with respect to an existing Exhibit, or a new Exhibit may be required, to Appendix 1 to “Rate Schedule A.” (a) A Minor Resource Modification shall not affect the Purchaser’s PCR with respect to such Resource (even though such modification may change the electric capacity and associated energy available to the Purchaser or the contract term or useful life of the Resource). (b) If the Board of Directors of the Seller determines that a Resource Modification is a Required Resource Modification, such Required Resource Modification shall not affect the Purchaser’s PCR with respect to such Resource (even though such modification may change the electric capacity and associated energy available to the Purchaser or the contract term or useful life of the Resource). A determination that a Resource Modification is a Required Resource Modification shall be made only by the vote of at least seventy-five percent (75%) of the Board of Directors of the Seller. (c) The Seller shall not make a Discretionary Resource Mod...
Sample 1
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Related to Future Resources and Resource Modifications

  • Mineral Reserves and Resources The estimated proven and probable mineral reserves and estimated indicated, measured and inferred mineral resources disclosed in the Company Public Documents since December 31, 2006 have been prepared and disclosed in all material respects in accordance with accepted engineering practices and all applicable Laws. There has been no material reduction in the aggregate amount of estimated mineral reserves, estimated mineral resources or mineralized material of the Company and the Company Subsidiaries, taken as a whole, from the amounts disclosed in the Company Public Documents since December 31, 2006.

  • Financial Planning Services The Executive shall receive financial planning services, on an in-kind basis, for a period of eighteen (18) months following the Date of Termination. Such financial planning services shall include expert financial and legal resources to assist the Executive with financial planning needs and shall be limited to (i) current investment portfolio management, (ii) tax planning, (iii) tax return preparation, and (iv) estate planning advice and document preparation (including xxxxx and trusts); provided, however, that the Company shall provide such financial planning services during any taxable year of the Executive only to the extent the cost to the Company for such taxable year does not exceed $25,000. The Company shall provide such financial planning services through a financial planner selected by the Company, and shall pay the fees for such financial planning services. The financial planning services provided during any taxable year of the Executive shall not affect the financial planning services provided in any other taxable year of the Executive. The Executive’s right to financial planning services shall not be subject to liquidation or exchange for any other benefit. Such financial planning services shall be provided in a manner that complies with Treasury Regulation Section 1.409A-3(i)(1)(iv).

  • PROJECT FINANCIAL RESOURCES i) Local In-kind Contributions $0 ii) Local Public Revenues $200,000 iii) Local Private Revenues iv) Other Public Revenues: $0 - ODOT/FHWA $0 - OEPA $0 - OWDA $0 - CDBG $0 - Other $0 v) OPWC Funds: - Loan Assistance $0

  • Additional Accounting Services Ultimus shall also perform the following additional accounting services for each Portfolio: (i) Provide monthly (or as frequently as may reasonably be requested by the Trust or a Portfolio's investment adviser) a set of financial statements for each Portfolio as described below, upon request of the Trust: Statement of Assets and Liabilities Statement of Operations Statement of Changes in Net Assets Security Purchases and Sales Journals Portfolio Holdings Reports (ii) Provide accounting information for the following: (A) federal and state income tax returns and federal excise tax returns; (B) the Trust's semi-annual reports with the SEC on Form N-SAR; (C) the Trust's annual, semi-annual and quarterly (if any) shareholder reports; (D) registration statements on Form N-1A and other filings relating to the registration of shares; (E) Ultimus' monitoring of the Trust's status as a regulated investment company under Subchapter M of the Internal Revenue Code, as amended; (F) annual audit by the Trust's auditors; and (G) examinations performed by the SEC.

  • PROJECT SERVICES Landlord shall furnish services as follows:

  • Staffing Plan The Board and the Association agree that optimum class size is an important aspect of the effective educational program. The Polk County School Staffing Plan shall be constructed each year according to the procedures set forth in Board Policy and, upon adoption, shall become Board Policy.

  • Flexible Working Arrangements In accordance with the Employment Relations Act 2000, an employee affected by family violence may request a short-term (two months or less) variation of their employment arrangements to assist the employee to deal with the effects of family violence.

  • Information Systems Acquisition Development and Maintenance a. Client Data – Client Data will only be used by State Street for the purposes specified in this Agreement.

  • Surgery Services This plan covers surgery services to treat a disease or injury when: • the operation is not experimental or investigational, or cosmetic in nature; • the operation is being performed at the appropriate place of service; and • the physician is licensed to perform the surgery. This plan covers reconstructive surgery and procedures when the services are performed to relieve pain, or to correct or improve bodily function that is impaired as a result of: • a birth defect; • an accidental injury; • a disease; or • a previous covered surgical procedure. Functional indications for surgical correction do not include psychological, psychiatric or emotional reasons. This plan covers the procedures listed below to treat functional impairments. • abdominal wall surgery including panniculectomy (other than an abdominoplasty); • blepharoplasty and ptosis repair; • gastric bypass or gastric banding; • nasal reconstruction and septorhinoplasty; • orthognathic surgery including mandibular and maxillary osteotomy; • reduction mammoplasty; • removal of breast implants; • removal or treatment of proliferative vascular lesions and hemangiomas; • treatment of varicose veins; or • gynecomastia.

  • Performance of the Services In addition to the Common Articles, it is specified that:

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