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Imbalance Adjustments Sample Clauses

Imbalance Adjustments. The Purchase Price shall be further adjusted downward or upward, as appropriate, by an amount equal to: (i) any well imbalances in MMBtu with respect to the Acquired Assets existing as of the Effective Time; multiplied by the Per MMBtu Imbalance Amount; and (ii) any pipeline or transportation imbalances with respect to the Acquired Assets existing as of the Effective Time at the then current monthly price applicable to deliveries to the pipeline.
Sample 1Sample 2
Imbalance Adjustments. The Parties agree that the Base Purchase Price will be adjusted downward or upward, as appropriate, by an amount equal to (i) any well imbalances measured in MCF existing as of the Effective Time multiplied by the Per MCF Imbalance Amount, and (ii) any pipeline or transportation imbalances existing as of the Effective Time at the then current contract amount applicable to under-deliveries or over-deliveries to the pipeline.
Sample 1Sample 2
Imbalance Adjustments. The First Closing Base Purchase Price shall be further adjusted downward or upward, as appropriate, by an amount equal to: (A) any well imbalances in Mcf with respect to the First Closing Assets existing as of the Effective Time; multiplied by (B) $2.50 per Mcf.
Sample 1
Imbalance Adjustments. Section 10.3 Operational Balancing Agreement Section 10.4 Determination of Deliveries Section 10.5 Cash-Out Section 11 System Operational Parameters Section 11.1 Monthly Operating Plan Section 11.2 Critical Operating Procedures Section 11.3 Operational Flow Orders Section 11.4 Corrective Action by Transporter Section 11.5 Force Majeure Section 11.6 Alterations and Repairs Section 12 Billing and Payment Section 13 Fuel and L&U Section 14 Penalties Section 15 Revenue Sharing Mechanism Section 16 Reservation Charge Credit Section 17 Annual Charge Adjustment Surcharge Section 18 Waivers Section 19 Descriptive Heading Section 20 Electronic Bulletin Board Section 21 Affiliate-Related Information Section 22 Peak Off-Peak Rates Section 23 Docket No. RP16-1022 Settlement Provisions Section 24 Taxes Section 25 Indemnification/Liability Section 26 Complaint Procedures Section 27 Warranty Section 28 Operational Purchases and Sales Section 29 Curtailment (NGA Policy of 1978) Section 30 Specified Delivery Points Section 31 Electric Power Costs (EPC) Section 32 Compliance with 18 CFR, Section 284.12 Section 33 Miscellaneous Surcharges
Sample 1
Imbalance Adjustments. At Closing, Buyer and Seller shall, based upon data available at that time, determine (i) the total amount of “overproduction” of gas as of the Effective Date with respect to the xxxxx and units listed on Schedule I (e.g. volumes of gas, measured in Mcf, taken from such xxxxx and units by the Seller and its predecessors in title to the Properties in excess of those volumes which the ownership of the Properties would entitle them to receive) and (ii) total amount of “underproduction” of gas as of the Effective Date with respect to xxxxx and units listed in Schedule I (e.g. the amount by which the volumes of gas, measured in Mcf, from such xxxxx and units which the ownership of the Properties by Seller and its predecessors in title thereto would entitle them to take exceeds the volumes taken from such xxxxx and units by Seller and such predecessors). If the total amount of overproduction (as so determined) exceeds the total amount of underproduction (as so determined) Buyer shall, as provided in Section 9.3 above, receive a credit against the Purchase Price equal to $3 per Mcf times such excess. If the total amount of underproduction (as so determined) exceeds the total amount of overproduction (as so determined), then, as provided in Section 9.3 above, the amount to be paid by Buyer to Seller at Closing shall be increased by an amount equal to $3 per Mcf times such excess. There shall be no adjustment for overproduction or underproduction if the net amount does not exceed a value of $25,000 based upon the $3 per Mcf valuation.
Sample 1
Imbalance Adjustments. If there exists any overproduction or underproduction with respect to the Xxxxx as of the Effective Date and either Buyer or Seller gives the other Party written notice of such fact prior to the Defect Deadline, a determination shall be made pursuant to Section 11.2 prior to Closing of (a) the actual amount of overproduction and (b) the actual amount of underproduction. If there is an actual amount of overproduction, then the Purchase Price shall be decreased by an amount equal to the actual contract price or the price Seller would otherwise receive as of the Effective Date for each Mcf of the excess. In addition, if there is an actual amount of underproduction, the Purchase Price shall be increased by an amount equal to the actual contract price or the price Seller would otherwise receive as of the Effective Date for each Mcf of the excess.
Sample 1
Imbalance Adjustments. Sellers and Buyer agree that the Purchase Price will be adjusted downward or upward, as appropriate, by an amount equal to any wellhead production imbalances in MCF, existing as of the Effective Time, multiplied by $[4.00] per MCF. Sellers will retain all pipeline and transportation imbalances attributable to pipeline shipments of Hydrocarbons produced from the Assets during Sellers’ period of ownership prior to the Effective Time as provided in Section 15.2(a)(v).
Sample 1
Imbalance Adjustments. At Closing, Buyer and Seller shall, based --------------------- upon data available at that time, determine (i) the total amount of "overproduction" of gas as of the Effective Date with respect to the xxxxx and units listed on Exhibit B (e.g. volumes of gas, measured in mcf, taken from such xxxxx and units by the Seller and its predecessors in title to the Properties in excess of those volumes, measured in mcf, which the ownership of the Properties would entitle them to receive) and (ii) total amount of "underproduction" of gas as of the Effective Date with respect to xxxxx and units listed in Exhibit B (e.g. the amount by which the volumes of gas, measured in mcf, from such xxxxx and units which the ownership of the Properties by Seller and its predecessors in title thereto entitle them to take exceeds the volumes, measured in mcf, taken from such xxxxx by Seller and such predecessors). If the total amount of overproduction (as so determined) exceeds the total amount of underproduction (as so determined), then Buyer shall, as provided in Section 11 above, receive a credit against the Purchase Price equal to $1.50 times such excess. If the total amount of underproduction (as so determined) exceeds the total amount of overproduction (as so determined), then, as provided in Section 11 above, the amount to be paid by Buyer to Seller at Closing shall be increased by an amount equal to $1.50 times such excess.
Sample 1

Related to Imbalance Adjustments

  • True-Up Adjustments From time to time, until the Retirement of the Recovery Bonds, the Servicer shall identify the need for True-Up Adjustments and shall take all reasonable action to obtain and implement such True-Up Adjustments, all in accordance with the following:

  • Wage Adjustments If the funding available to be used for wages provided by Government in any fiscal year increases, the Employer shall pass on such increases to employees consistent with the funding increase adjusted for any additional deficits that this contract incurs. This will be the case whether the funding increase is for the entire year or simply a portion of it, and wage increases shall be effective upon the effective date of the increased funding. Should there be no increase provided by Government, wages will be maintained at their present levels. Should there be a decrease in funding, then the Employer will maintain wages at present levels. The Employer will promptly provide the Union with any information it receives from the Government regarding funding available for wages, and the parties will meet as required to work towards cooperative resolution of any issues arising from this Government information.

  • Cost Adjustments Both parties agree that contracted prices shall be fixed for the first 12 months of this Contract. Contractor must submit to District any proposed cost adjustments at least 60 days before the proposed effective date of such increases with a detailed explanation for each adjustment. District alone reserves the right to reject any changes to this Contract it deems unacceptable.

  • Price Adjustments 17.1 Prices for Goods/Services supplied in terms of this Agreement shall be subject to review as indicated in the Schedule of Requirements/Works Order annexed hereto. 17.2 No less than 2 [two] months prior to any proposed Price adjustment, the Parties shall commence negotiations for Prices for the next period or as otherwise indicated in Schedule 1 hereto. The Parties shall have regard for market-related pricing of equivalent goods, continuous improvement initiatives, costs [including labour, raw materials and transport/delivery], order size and frequency and changes to the specification of the Goods/Services. 17.3 Pursuant to clause 17.2 above, the Supplier/Service Provider shall keep full and accurate records of all costs associated with the supply of the Goods/Services to Transnet, in a form to be approved in writing by Transnet. The Supplier/Service Provider shall produce such records to Transnet for inspection at all reasonable times on request and such records may, at Transnet's option, be audited by Transnet or its designated representatives. 17.4 Should Transnet and the Supplier/Service Provider fail to reach an agreement on Price for the successive period, either Party shall be entitled to submit this matter to dispute resolution in accordance with clause 32 of the Master Agreement [Dispute Resolution]. 17.5 If during the period of this Agreement Transnet can purchase similar Goods/Services of a like quality from another supplier at a total delivered cost to a Transnet facility that is lower than the total delivered cost of the Goods/Services purchased hereunder from the Supplier/Service Provider, Transnet may notify the Supplier/Service Provider of such total delivered cost and the Supplier/Service Provider shall have an opportunity to adjust the Price of the Goods/Services purchased hereunder, on such a basis as to result in the same total delivered cost to Transnet, within 30 [thirty] calendar days of such notice. If the Supplier/Service Provider fails to do so or cannot legally do so, Transnet may (i) purchase the Goods/Services from such other supplier in which case the obligations, including, but not limited to, any purchase and sale requirements and/or commitments, if any, of Transnet and the Supplier/Service Provider hereunder shall be reduced accordingly; (ii) terminate this Agreement without any penalty, liability or further obligation; or (iii) continue purchases under this Agreement. 17.6 If during the period of this Agreement the Supplier/Service Provider sells any materials which are the same as, equivalent to, or substantially similar to the Goods/Services herein, at a total delivered cost to a third party lower than the total delivered cost to a Transnet facility, then the Supplier/Service Provider has an opportunity to adjust its Price for the Goods/Services purchased hereunder within 30 [thirty] calendar days so that the Price is the same or lower than the total delivered cost of such third party. If the Supplier/Service Provider fails to do so or cannot legally do so, Transnet may (i) purchase the Goods/Services from any other such supplier, in which case the obligations, including, but not limited to, any purchase and sale requirements and/or commitments, if any, of Transnet and the Supplier/Service Provider hereunder shall be reduced accordingly; or

  • Royalty Adjustments The following adjustments shall be made, on a Licensed Product-by-Licensed Product and country-by-country basis, to the royalties payable pursuant to this Section 5.5:

  • Utility Adjustments DB Contractor shall not commence or permit or suffer commencement of construction of a Utility Adjustment included in the Construction Work until TxDOT issues NTP2, all of the conditions set forth in Section 4.4.1 that are applicable to the Utility Adjustment (reading such provisions as if they referred to the Utility Adjustment) have been satisfied, and the following additional requirements have been satisfied: (a) If applicable, the Alternate Procedure List has been approved by FHWA, and either the affected Utility or the Utility Owner is on the approved Alternate Procedure List, as supplemented. (b) The Utility Adjustment is covered by an executed Utility Agreement. (c) The review and comment process has been completed and any required approvals have been obtained for the Utility Assembly covering the Utility Adjustment.

  • Equitable Adjustments (1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made-- (i) In the contract price or delivery schedule or both; and (ii) In such other provisions of the contract as may be affected. (2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b) and (c) above.

  • Tax Adjustments The Company may make such reductions in the Purchase Price, in addition to those required by Sections 3, 4, 5, 6, 7 and 8, as the Board of Directors considers to be advisable to avoid or diminish any income tax to holders of Common Stock or rights to purchase Common Stock resulting from any dividend or distribution of stock (or rights to acquire stock) or from any event treated as such for income tax purposes.

  • Fee Adjustments The fixed fees and other fees expressed as stated dollar amounts in this Schedule C and in this Agreement are subject to annual increases, commencing on the one-year anniversary date of the date of this Agreement, in an amount equal to the percentage increase in consumer prices for services as measured by the United States Consumer Price Index entitled “All Services Less Rent of Shelter,” or a similar index should such index no longer be published, since such one-year anniversary or since the date of the last fee increase, as applicable.

  • Pricing Adjustments a. In the event an adjustment is made to the computation of the net asset value of Fund shares as reported to Insurance Company under paragraph 7, (1) the correction will be handled in a manner consistent with SEC guidelines and the Investment Company Act of 1940, as amended and (2) the Funds or Transfer Agent shall notify Insurance Company as soon as practicable after discovering the need for any such adjustment. Notification may be made in the following manner:

Most Referenced Clauses

Most Referenced Definitions