Common use of Material Violation Of Agreement Flow Schedules Clause in Contracts

Material Violation Of Agreement Flow Schedules. A “Material Violation of Agreement Flow Schedules” is defined as any failure of YCWA to meet any applicable instream-flow requirements described in sections 5.1.1 and 5.1.3 between March 1, 2007 and March 31, 2008 for a period of 10 consecutive calendar days, except for any of the following: a. a failure to meet these requirements because of a Force Majeure Event or a Regulatory Change Event; b. a failure to meet these requirements because of an action taken by, or implemented at the request of, the RMT Planning Group or Operations Group; c. a failure to meet these requirements because of a gauge re-rating or other action taken by the U.S. Geological Survey after the time at which the failure to meet these requirements occurred; d. before the Narrows II Powerhouse Full Flow Bypass is completed, a failure to meet these requirements because of the limits of the Narrows I Powerhouse flow capacity when the Narrows II Powerhouse is shut down for maintenance or repairs; e. a failure to meet these requirements because of planned maintenance or construction activities, when the deviation from these requirements has been approved in advance in writing by the Chief of the Division of Water Rights of the SWRCB; f. a failure to meet these requirements because of an action that was, or actions that were, beyond YCWA’s control; and g. a failure to meet these requirements on any day on which there is a Technical Variation of Agreement Flow Schedules. (Paragraph f. above does not include actions taken by PG&E to operate the Yuba Project during times when YCWA has authorized PG&E to operate the Yuba Project.)

Material Violation Of Agreement Flow Schedules. A “Material Violation of Agreement Flow Schedules” is defined as any failure of YCWA to meet any applicable instream-flow requirements described in sections 5.1.1 and 5.1.3 between March April 1, 2006 and February 27, 2007 and March 31, 2008 for a period of 10 consecutive calendar days, except for any of the following: a. a failure to meet these requirements because of a Force Majeure Event or a Regulatory Change Event; b. a failure to meet these requirements because of an action taken by, or implemented at the request of, the RMT Planning Group or Operations Group; c. a failure to meet these requirements because of a gauge re-rating or other action taken by the U.S. Geological Survey after the time at which the failure to meet these requirements occurred; d. before the Narrows II Powerhouse Full Flow Bypass is completed, a failure to meet these requirements because of the limits of the Narrows I Powerhouse flow capacity when the Narrows II Powerhouse is shut down for maintenance or repairs; e. a failure to meet these requirements because of planned maintenance or construction activities, when the deviation from these requirements has been approved in advance in writing by the Chief of the Division of Water Rights of the SWRCB; f. a failure to meet these requirements because of an action that was, or actions that were, beyond YCWA’s control; and g. a failure to meet these requirements on any day on which there is a Technical Variation of Agreement Flow Schedules. (Paragraph f. above does not include actions taken by PG&E to operate the Yuba Project during times when YCWA has authorized PG&E to operate the Yuba Project.)

Material Violation Of Agreement Flow Schedules. A “Material Violation of Agreement Flow Schedules” is defined as any failure of YCWA to meet any applicable instream-flow requirements described in sections 5.1.1 5.1.1, 5.1.3 and 5.1.3 between March 1, 2007 and March 31, 2008 5.1.5 for a period of 10 consecutive calendar days, except for any of the following: a. a failure to meet these requirements because of a Force Majeure Event or a Regulatory Change Event; b. a failure to meet these requirements because of an action taken by, or implemented at the request of, the RMT Planning Group or Operations Group; c. a failure to meet these requirements because of a gauge re-rating or other action taken by the U.S. Geological Survey after the time at which the failure to meet these requirements occurred; d. before (this clause no longer applies, because the Narrows II Powerhouse Full Flow Bypass is has been completed, a failure to meet these requirements because of the limits of the Narrows I Powerhouse flow capacity when the Narrows II Powerhouse is shut down for maintenance or repairs); e. a failure to meet these requirements because of planned maintenance or construction activities, when the deviation from these requirements has been approved in advance in writing by the Chief of the Division of Water Rights of the SWRCB; f. a failure to meet these requirements because of an action that was, or actions that were, beyond YCWA’s control; and g. a failure to meet these requirements on any day on which there is a Technical Variation of Agreement Flow Schedules. (Paragraph f. above does not include actions taken by PG&E to operate the Yuba Project during times when YCWA has authorized PG&E to operate the Yuba Project.)