Initial Capacity. Grantee shall have use of 5 Bcf of annual transportation capacity (“Initial Capacity”), to serve any end use customers located within the Overlap Area that have been designated by Grantee as being customers of Grantee for the purposes of this Agreement, during the period of any such designation ("Grantee's Customers"). Payment for the Initial Capacity shall be at the rate set forth in Section 6.
Initial Capacity. On and from the Commencement Date for the Initial Capacity, Asia Netcom agrees (for and on behalf of itself and its Subsidiaries) to purchase from EAN Network and its Subsidiaries, and EAN Network agrees (for and on behalf of itself and its Subsidiaries) to deliver to Asia Netcom and its Subsidiaries, each Segment of the Initial Capacity in the amount set forth in Part A of Schedule 1 in accordance with the terms and conditions of this Agreement. Notwithstanding anything herein to the contrary, the Commencement Date for the Initial Capacity hereunder shall be the Effective Date of this Agreement.
Initial Capacity. Notwithstanding anything in this Agreement to the contrary, the parties acknowledge and agree that Licensor (or its parent entity) has made a capital contribution to Licensee in the amount attributable to the payments which would have been due from Licensee pursuant to this Agreement for the construction costs of the Initial Capacity. Accordingly, Licensee shall not be obligated to make any payments to Licensor in respect of the Initial Capacity pursuant to this Section 5(a)(i) or otherwise for the costs of construction of the Initial Capacity. All other payments provided for in this Agreement with respect to the Initial Capacity continue to be due and payable as provided for herein.
Initial Capacity. Custodian shall be required to take delivery of Copper at an Approved Location only if, after giving effect to such delivery, the Capacity at the time in effect for such Approved Location is not exceeded. As of the date of this Agreement, the Capacity in effect for each Approved Location shall be as follows: East Chicago [ ] Tonnes [ ] Tonnes [ ] Tonnes Mobile [ ] Tonnes [ ] Tonnes [ ] Tonnes New Orleans [ ] Tonnes [ ] Tonnes [ ] Tonnes Saint Louis [ ] Tonnes [ ] Tonnes [ ] Tonnes Overseas Locations [ ] Tonnes [ ] Tonnes [ ] Tonnes Total Capacity [ ] Tonnes [ ] Tonnes [ ] Tonnes
Initial Capacity. Seller represents and warrants to Buyer that, at the time of Startup, the maximum instantaneous capacity of Seller's Facility to produce Products shall be at least (***) greater than the Contract Volume of Products. Buyer acknowledges that Seller has initially configured Seller's Facility to operate efficiently at the Contract Volume of Products and has been designed to produce up to (***) of the Contract Volume of Products under certain ambient temperatures and operating conditions.
Initial Capacity. Developers and District will design the Elementary School to a capacity of eleven hundred (1,100) students (the “Initial Capacity”) to the extent the Initial Capacity can be built with the funds available under the Funding Cap. Accordingly, in the event that the Initial Construction Budget (as defined below at Section 3.5.3) indicates that the Initial Capacity cannot be fully constructed with funds available under the Funding Cap, the Parties shall meet and confer regarding (1) the selection of an alternative capacity (including classrooms and matching core facilities) that can be constructed within the Funding Cap (as more fully described in Section 3.5.3.1); (2) a redesign of the Elementary School or other measures to keep the cost of construction of the Initial Capacity of Elementary School within the Funding Cap (as more fully described in Section 3.5.3.2); or (3) District contribution to the cost of construction in order to construct the Initial Capacity (including, as one potential option, core facilities that exceed in capacity the classroom capacity to be funded under the Funding Cap) or a mutually acceptable alternative capacity. If an agreement is reached concerning the matters referred to in clause (1),
Initial Capacity. Porex represents that, as of the date of this Supply Agreement, its capacity for production of Components is [ * ] (the “Initial Capacity”), with a [ * ] of one Component to the other, based on [ * ] and adequate supply of raw materials. Porex agrees not to reduce such capacity during the term of the Supply Agreement.
Initial Capacity. The Franchisee shall initially make available to all Subscribers on the System at least two (2), and where the System Upgrade is complete at least four (4), standard 6 MHz analog NTSC Access Channels for public, educational and/or governmental use, which Channels shall be in addition to any capacity provided on the Institutional Network pursuant to Section 7(j). This initial capacity may be reduced pursuant to the conditions in this Section 7(a).
Initial Capacity. Nanophase represents and warrants that it has and will have, on the date of this Agreement and throughout the term of this Agreement, the capacity to manufacture and ship to Purchaser in conformity with Exhibit A at least 15,200 kilograms of Product per month. Nanophase further represents and warrants that it has and will have, on the date of this Agreement and throughout the term of this Agreement, additional capacity to manufacture in conformity with Exhibit A at least 3,040 additional kilograms of Product per month that can be made available on a timely basis to supplant or supplement the capacity of 15,200 kilograms required by the preceding sentence.
Initial Capacity. Upon successful completion of the interconnect with GMP, or its successor or assign, the Franchisee shall initially make available to all Subscribers on the System at least four (4) standard 6 MHz analog NTSC Access Channels for public, educational and/or governmental use, which channels shall be in addition to any capacity provided on the Institutional Network pursuant to Appendix 1 attached hereto. This initial capacity may be reduced pursuant to the conditions in this Section 7(a)(2).
