Material Modification. Any modification to an Interconnection Request that has a material adverse effect on the cost or timing of Interconnection Studies related to, or any Network Upgrades or Local Upgrades needed to accommodate, any Interconnection Request with a later Queue Position.
Material Modification. The Seller shall not make a Material Modification without MH’s prior consent. For greater certainty: (i) the Seller may maintain and repair the System from time to time without notice to MH so long as maintenance and repair do not constitute a Material Modification; and (ii) any other modification, alteration or addition with respect to technological upgrades or energy storage devices (ex. batteries), are not, for the purposes of this Agreement, a Material Modification, but shall require MH’s prior written consent prior to implementation and shall be made in accordance with the Manitoba Electrical Code.
Material Modification. Any modification to an Interconnection Request that has a material adverse effect on the cost or timing of Interconnection Studies related to, or any Network Upgrades or Local Upgrades needed to accommodate, any Interconnection Request with a later Queue Position.
1. 18A.03 Maximum Facility Output:
Material Modification. If, for any reason, Mill Pond Dam is not removed as provided in this Section, it shall constitute a Material Modification.
Material Modification. If, for any reason, the cold water release facility is not constructed as provided in this Section, it shall constitute a Material Modification.
Material Modification. A modification that has a material impact on the cost or timing of any Interconnection Request with a later queue priority date. New York State Transmission System –- The entire New York State electric transmission system, which includes: (i) the Transmission Facilities under ISO Operational Control; (ii) the Transmission Facilities Requiring ISO Notification; and (iii) all remaining transmission facilities within the New York Control Area. NYISO Deliverability Interconnection Standard –- The standard that must be met, unless otherwise provided for by Attachment S to the ISO OATT, by any of the following requesting XXXX: (i) any generation facility larger than 2 MW in order for that facility to obtain XXXX; (ii) any Class Year Transmission Project proposing to interconnect to the New York State Transmission System and receive Unforced Capacity Delivery Rights; (iii) any entity requesting External XXXX Rights, and (iv) any entity requesting a XXXX transfer pursuant to Section 25.9.5 of Attachment S to the ISO OATT. To meet the NYISO Deliverability Interconnection Standard, the Interconnection Customer must, in accordance with the rules in Attachment S to the ISO OATT, fund or commit to fund any System Deliverability Upgrades identified for its Projectproject in the Class Year Deliverability Study. NYISO Minimum Interconnection Standard –- The reliability standard that must be met by any Large Facilitygeneration facility or Class Year Transmission Project that is subject to NYISO’s Large Facility Interconnection Procedures in Attachment X to the ISO OATT or Small Generating Facility that is subject to the NYISO’s Small Generator Interconnection Procedures in this Attachment Z, that is proposing to connect to the New York State Transmission System or Distribution System, to obtain ERIS. The Minimum Interconnection Standard is designed to ensure reliable access by the proposed Projectproject to the New York State Transmission System or to the Distribution System. The Minimum Interconnection Standard does not impose any deliverability test or deliverability requirement on the proposed interconnection.
Material Modification. If at any time prior to the date when the Land Use Approvals are obtained, Purchaser receives comments and/or feedback to the Land Use Application from the County or any other applicable governmental organization which Purchaser or its zoning counsel believes would necessitate a Material Modification (as hereinafter defined) to the Land Use Application, Purchaser shall notify Seller within thirty
Material Modification. No material modification or amendment shall be made to a sublease without the prior written consent of Landlord.
Material Modification. The Converge Contract provides that If at any time prior to the date when the Land Use Approvals are obtained, Converge receives comments and/or feedback to the Land Use Application from the County or any other applicable governmental organization which Converge or its zoning counsel believes would necessitate a Material Modification (as hereinafter defined) to the Land Use Application, Converge shall notify Purchaser, and Converge may elect whether or not Converge wishes to move forward with such Material Modification to the Land Use Application. As used herein, a “Material Modification” shall mean any modification to the Land Use Application that would result in (1) the Minimum Site Requirements not being met; (2) the relocation of the Office Building or Residential Improvements, or (3) a material and adverse impact on the Project, as determined by Converge in Converge’s sole but reasonable discretion. If Converge elects to move forward with such Material Modification to the Land Use Application, such Material Modification shall be subject to Seller’s review, comment and approval pursuant to the provisions of this Section 5(c), prior to Converge’s filing of the Material Modification to the Land Use Application. Upon Seller’s receipt of any Material Modification, Seller shall have fifteen (15) business days (the “Material Modification Review Period”) to review the Material Modification; provided, however, Seller’s approval shall not be unreasonably withheld, conditioned or delayed. In the event that Seller provides comments to the Material Modification prior to the expiration of the Material Modification Review Period, Seller shall work with Converge and Purchaser in good faith to address such comments so that the Material Modification to the Land Use Application can be submitted to the County without undue delay. Upon approval of a Material Modification, (i) all references in this Agreement to the Land Use Application shall be deemed to include the Material Modification to the Land Use Application, and (ii) the Minimum Site Requirements shall be deemed to be amended consistent with the Material Modification for all purposes pursuant to this Agreement. The Converge Contract provides that Converge shall be permitted to make any modification to the Land Use Application that does not constitute a Material Modification in Converge’s sole and absolute discretion and without any requirement of Purchaser review, comment or approval. If Converge elects not to mov...
Material Modification. For purposes of this Agreement, a Material Modification shall mean any decrease of more than ten percent (10%) in the economic terms (or change in cost allocations of the Purchase Agreement that would have the same effect). If the Owner’s proposed Transfer is at economic terms of ninety percent (90%) or more than proposed Offer Terms to Offeree set forth in the Offer Notice, Owner shall have no obligation to submit such Transfer to Offeree. If Owner desires to Transfer and such Transfer contains a Material Modification, then prior to execution of a letter of intent or purchase and sale agreement, whichever occurs first, Owner shall provide Offeree with a written notice of the revised economic terms. Offeree shall have five (5) business days to accept such revised terms by written notice to Owner. Five (5) business days shall mean by 5:00 p.m. Pacific time on the fifth (5th) business day following the submission of such revised economic terms to Offeree.