of the GIP Notwithstanding the foregoing, as applicable and consistent with the provisions of Attachment FF of this Tariff, Interconnection Customer, Transmission Provider, Transmission Owner, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Transmission Owner and Affected System Operator take one of the following actions no later than five (5) years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that Transmission Owner or Affected System Operator will continue to provide payments to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. If the Generating Facility is installed in phases, the amount eligible for refund as each phase achieves Commercial Operation will be reduced by the proportional amount of generation capacity not yet installed. However, all facilities in Appendix A other than the Generating Facility shall be built without consideration for the phasing of the Generating Facility as though the entire Generating Facility will be placed in Commercial Operation for the full output or increased output of the Generating Facility constructed by Interconnection Customer under this GIA. If the Generating Facility fails to achieve Commercial Operation, but it or another generating facility is later constructed and makes use of the Network Upgrades, Transmission Owner and Affected System Operator shall at that time reimburse Interconnection Customer for the remaining applicable amounts that may be refundable pursuant to Attachment FF of this Tariff that were advanced for the Network Upgrades on their respective systems as described above. Before any such reimbursement can occur, Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which the reimbursement must be made.
of the General Terms If that happens, we can give you notice declaring all amounts you owe us under this Agreement to be due immediately and we can enforce our rights under the security interest (which could include re-possessing and selling the Goods).
of the General Terms and Conditions If none, please so indicate by checking the box: x.
Term of the GTC These GTC shall remain in effect unless terminated earlier by either party in accordance with this Section 7.
of the General Conditions The certified or cashier's check or bond shall be in the amount of the 5% of the original contract amount, and shall have an expiration date consistent with the final correction or warranty period.
Ownership of the Goods (excluding Software) will not pass to Buyer until Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
of the Grant Agreement This Report may not be relied upon by the Beneficiary or by the European Commission for any other purpose, nor may it be distributed to any other parties. The European Commission may only disclose this Report to others who have regulatory rights of access to it, in particular the European Anti Fraud Office and the European Court of Auditors. This Report relates only to the Financial Statement(s) specified above and does not extend to any other financial statements of the Beneficiary. No conflict of interest4 exists between the Auditor and the Beneficiary in establishing this Report. The fee paid to the Auditor for providing the Report was € . We look forward to discussing our Report with you and would be pleased to provide any further information or assistance which may be required. [legal name of the audit firm] [[name and function of an authorised representative] <dd Month yyyy>,<Signature of the Auditor> 4 A conflict of interest arises when the auditor's objectivity to establish the certificate is compromised in fact or in appearance when the auditor for instance: - was involved in the preparation of the Financial Statements (Forms C); - stands to benefit directly should the certificate be accepted; - has a close relationship with any person representing the beneficiary; - is a director, trustee or partner of the beneficiary; - is in any other situation that compromises his or her independence or ability to establish the certificate impartially. Procedures performed by the Auditor The Auditor designs and carries out his work in accordance with the objective and scope of this engagement and the procedures to be performed as specified below. When performing these procedures the Auditor may apply techniques such as inquiry and analysis, (re)computation, comparison, other clerical accuracy checks, observation, inspection of records and documents, inspection of assets and obtaining confirmations or any others deemed necessary in carrying out these procedures. The European Commission reserves the right to issue guidance together with example definitions and findings to guide the Auditor in the nature and presentation of the facts to be ascertained. The European Commission reserves the right to vary the procedures by written notification to the Beneficiary. The procedures to be performed are listed as follows: Procedures Standard factual finding and basis for exception reporting Personnel Costs
Integrated Digital Loop Carriers The feeder portion of some loops may be provide by means of Integrated Digital Loop Carrier (IDLC). IDLC provides a fiber optic cable transmission path that travels directly into BellSouth’s central office local switch. Where BellSouth uses IDLC ,if technically feasible and capacity does exist, BST will provide Al-Call with a Designed DS0 UVL by using alternative provisioning techniques including but not limited to such as “hairpinning” and DAC grooming. Alternative provisioning techniques will be provided at no additional cost to Al-Call . Hairpinning involves providing a DS0 signal from an IDLC-served loop to Al-Call ’s collocation equipment by using a dedicated pathway that traverses BellSouth’s central office switch. BellSouth will provide such DS0 signal to Al-Call by establishing a copper cross connect between the BellSouth switch and Al-Call ’s collocation equipment.
Mobile Sierra Notwithstanding any provision of this Agreement, neither Party shall seek, nor shall they support any third party seeking, to prospectively or retroactively revise the rates, terms or conditions of service of this Agreement through application or complaint to the FERC pursuant to the provisions of the Federal Power Act, absent prior written agreement of the Parties. Further, absent the prior written agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party, a non-Party, or the FERC acting sua sponte shall be the “public interest” standard of review set forth in United States Gas Pipe Line Co. v.
New Hampshire Specific Data Security Requirements The Provider agrees to the following privacy and security standards from “the Minimum Standards for Privacy and Security of Student and Employee Data” from the New Hampshire Department of Education. Specifically, the Provider agrees to:
