Minimum Channel Capacity Sample Clauses

Minimum Channel Capacity. See Section 4.1.
Sample 1
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Minimum Channel Capacity. The Company shall supply to the City, without charge, five (5) activated Video Channels (and access to Upstream capacity as specified in Appendix A to this Agreement) as Government Channels. The Company shall supply to the Community Access Organization, without charge, four (4) activated Video Channels (and access to Upstream capacity as specified in Appendix A to this Agreement) as Public Channels. Except with the written consent of the Commissioner (acting in his or her sole discretion), all such Government Channels and Public Channels shall be provided on the Basic Service tier of channels, provided, however, that so long as the Company or Affiliated Persons holding cable television franchises in the City is offering to at least 10,000 subscribers in the City at least ninety (90) analog and/or digital channels of service, the Company may offer one of the above-referenced five (5) Governmental Channels on an Enhanced Service tier of channels so long as such Enhanced Service tier includes at least ten (10) other analog and/or digital channels offered on a twenty-four (24) hour (i.e., not pay-per-view) basis and the conditions set forth in Section 3(b)(i), (ii) and (iii) of an agreement between the Company (and certain Affiliated Persons) and the City dated July 22, 1997 are being met. Upon the later of (i) the first day the Company is offering at least ninety (90) channels (analog and/or digital) of service to fifty percent (50%) of homes passed by the Company in the Initial Construction Area in the Existing Franchise or (ii) January 1, 2001, then the Company shall supply an additional channel (to be allocated by the Commissioner, in consultation with the Comptroller and the Borough President(s), as a Governmental Channel or a Public Channel), which shall be available on the same service tier as the tier on which the Government Channel referred to in the proviso in the preceding sentence is provided. The parties recognize that in the event the System uses primarily or entirely digital technology, traditional concepts of Basic Service tiers or Enhanced Service tiers may no longer be applicable, and the foregoing shall be interpreted to apply in such a situation to most closely approximate the agreement of the parties as set forth above. In any event, the foregoing nine (9) or ten (10) analog Access Channels may be converted to digital technology upon the approval of the Commissioner not to be unreasonably withheld, and in the event of such conversion the C...
Sample 1

Related to Minimum Channel Capacity

  • Maximum Capacity The Sick Leave Bank shall accumulate unused Bank days from year to year to a maximum capacity which shall not exceed double the number of eligible employees as defined in the above Section C, Eligibility for Membership.

  • FREQUENCY AND CAPACITY LEVELS No restriction on frequency, capacity and aircraft type

  • Contract Capacity The generation capability designated for the Project shall be the contract capacity in MW designated in the Cover Sheet, net of all auxiliary loads, station electrical uses, and Electrical Losses (the “Contract Capacity”). Throughout the Delivery Term, Seller shall sell and deliver all Product produced by the Project solely to Buyer. In no event shall Buyer be obligated to receive, in any Settlement Interval, any Surplus Delivered Energy. Seller shall not receive payment for any Surplus Delivered Energy. To the extent Seller delivers Surplus Delivered Energy to the Delivery Point in a Settlement Interval in which the Real-Time Price for the applicable PNode is negative, Seller shall pay Buyer an amount equal to the Surplus Delivered Energy (in MWh) during such Settlement Interval, multiplied by the absolute value of the Real-Time Price per MWh for such Settlement Interval.]

  • Right to Contracted Capacity & Energy 4.4.1 The SPD will declare the CUF of the project and will be allowed to revise the same once within first year after COD of the project. Thereafter, the CUF for the Project shall remain unchanged for the entire term of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value till the end of 10 years from COD, subject to the annual CUF remaining minimum of 15%, and within +10% and -20% of the declared value of the annual CUF thereafter till the end of the PPA duration of 25 years. The lower limit will, however, be relaxable by MSPDCL to the extent of non-availability of grid for evacuation which is beyond the control of the SPD. The annual CUF will be calculated every Contract Year. The compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) by the buying Entity, which shall ensure that the buying Entity is offset for all potential costs associated with low generation and supply of power under the PPA, subject to a minimum of 50% (fifty per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and that the amount of the liquidated damages or the method of calculating the liquidated damages specified in this document is a genuine and reasonable pre-estimate of the damages that may be suffered by buying Entity in each case specified under this Agreement. However, this compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, affecting supply of power by the SPD to the Buying Entity.

  • Personnel Capabilities The Applicant should list down personnel of minimum qualification as specified in the Qualification Criteria

  • Financial Capacity Investor currently has the financial capacity to meet its obligations to the Company hereunder, and the Investor has no present knowledge of any circumstances which could cause it to become unable to meet such obligations in the future.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

  • Legal Capacity All parties to the Mortgage Note and the Mortgage had legal capacity to enter into the Mortgage Loan and to execute and deliver the Mortgage Note and the Mortgage, and the Mortgage Note and the Mortgage have been duly and properly executed by such parties. The Mortgagor is a natural person;

  • Packet Switching Capability 4.5.1 The packet switching capability network element is defined as the function of routing or forwarding packets, frames, cells or other data units based on address or other routing information contained in the packets, frames, cells or other data units.

  • PARENTAL CONTROL CAPABILITY (a) Upon request, and at no separate, additional charge, the Licensee shall provide Subscribers with the capability to control the reception of any channel on the Cable Communications System.

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