NOMINATIONS AND CONFIRMATIONS Sample Clauses

NOMINATIONS AND CONFIRMATIONS. 2.1 Confirmation of Nominations - Prior to the beginning of each Month this Agreement is in effect, Balancing Party shall confirm or cause to be confirmed the quantities nominated to be delivered by Balancing Party or for Balancing Party's account to Transporter at the Receipt Point(s) commencing on the first Day of the Month following the Confirmation. Balancing Party shall reconfirm any modification to such Confirmations or cause such modification to be reconfirmed prior to the commencement of the revised service. Transporter shall notify Balancing Party or Balancing Party's designee of any problem(s) regarding the scheduling of gas in accordance with Confirmations made hereunder within one Business Day after each daily Confirmation and within four Business Days after the end of each calendar month for an aggregate of all Confirmations for a calendar month, unless mutually agreed to otherwise. Balancing Party shall notify Transporter or cause Transporter to be notified of any errors in the quantity scheduled pursuant to its Confirmation within one Business Day of receipt of such information from Transporter. If Balancing Party fails to confirm the quantities to be transported and/or purchased at any Receipt Point(s) in accordance with the above, and such failure continues for seven Business Days or more within the calendar month (whether or not such Days are consecutive) after 24-hour written notice to the Balancing Party by Transporter for each occurrence of Balancing Party's failure to confirm, then the affected points shall be deleted from Exhibit A upon written notice from Transporter at the end of that calendar month. 2.2 Allocations Based on Scheduled Quantities - The Parties intend that the quantity actually delivered at the Receipt Point(s) will equal the Scheduled Quantities. Balancing Party shall use all reasonable efforts to ensure that the quantities actually delivered at the Receipt Point(s) are equal to the Scheduled Quantities. Unless prohibited by applicable law or regulation, all transportation services by Transporter shall be allocated each Day in accordance with Rate Schedule LMS-PA of Transporter's FERC Gas Tariff, or by such other methods as may be mutually agreed to by both Parties.
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NOMINATIONS AND CONFIRMATIONS. 2.1 Confirmation of Nominations - Prior to the first day of each month, the Parties shall reconcile and confirm electronically or in writing the transportation nominations received by each from Shippers for whom the Parties would deliver or receive gas at the Interconnection Point(s). The quantities determined through this reconciliation and confirmation shall be the "Scheduled Quantities". Any changes to such Scheduled Quantities shall be effective only if agreed to electronically or in writing by both Parties. Such communication regarding changes shall be in a form mutually agreeable to the Parties. Nominations received pursuant to the Shipper Agreements shall be confirmed electronically or orally with subsequent confirmation in writing or as otherwise mutually agreed to by both Parties. 2.2 Allocations Based on Scheduled Quantities - The Parties intend that the quantity actually delivered and received each day at the Interconnection Point(s) will equal the Scheduled Quantities. Each Party will allocate quantities that are to be delivered and received at the Interconnection Point(s) among the Shipper Agreements and/or the Party's respective Shippers commensurate with the Scheduled Quantities for each transaction. Any imbalance created when the actual physical flow is different than the Scheduled Quantities will be the "Operational Imbalance", which will be the responsibility of the Parties to eliminate pursuant to this Agreement.
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NOMINATIONS AND CONFIRMATIONS. 1.1 Confirmation of Nominations - Prior to the beginning of the month in which service is to commence, Company and Balancing Party shall confirm the quantities nominated to be transported by Company at the Delivery Point(s) commencing on the first day of the month following confirmation. Any modification to such confirmed quantities shall be confirmed by Company and Balancing Party prior to the commencement of the revised service. Company shall provide evidence of such confirmations in writing within two (2) Business Days after such confirmation, unless mutually agreed to otherwise. Balancing Party shall notify Company of any errors in the confirmed nominations within two (2) Business Days of receipt of such written evidence from Company. If Balancing Party fails to respond to Company's request to confirm the quantities to be transported at any Delivery Point(s) in accordance with the above, then this Agreement shall terminate upon written notice from Company at the end of that calendar month. 1.2 Allocations Based on Confirmed Nominations - The Parties intend that the quantity actually delivered at the Delivery Point(s) will be equal to the confirmed nominations. Balancing Party shall use all reasonable efforts to ensure that the quantities actually delivered at the Delivery Point(s) are equal to the confirmed nominations. Unless prohibited by applicable law or regulation, all transportation services and/or gas provided by Company shall be allocated each Gas Day based upon the confirmed nominations set forth in Section 1.1 above, or by such other methods as may be mutually agreed to by both Parties.
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NOMINATIONS AND CONFIRMATIONS. 2.1 Confirmation of Nominations - Prior to the beginning of the month in which service is to commence, Balancing Party shall confirm the quantities nominated to be transported by Company to the Delivery Point(s) commencing on the first day of the month following the confirmation. The quantities confirmed through this process shall become the Scheduled Quantities. Any modification to such scheduled Quantities shall be reconfirmed by Balancing Party prior to the commencement of the revised service. Company shall notify Balancing Party of any problems regarding the scheduling of gas in accordance with confirmations hereunder within one Business Day after such
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Related to NOMINATIONS AND CONFIRMATIONS

  • Statements and Confirmations The Securities Intermediary will promptly send copies of all statements, confirmations and other correspondence concerning the Collateral Account and any financial assets credited thereto simultaneously to each of the Purchase Contract Agent and the Collateral Agent at their addresses for notices under this Agreement.

  • Warranty Affirmations Assurances and Certifications 12 5.1 WARRANTY 12 5.2 General Affirmations 12 5.3 Federal Assurances 12 5.4 Federal Certifications 12 5.5 State Assurances 12 ARTICLE VI. Intellectual Property 13

  • Reaffirmation and Confirmation Borrower hereby ratifies, affirms, acknowledges and agrees that the Credit Agreement and the other Loan Documents to which it is a party represent the valid, enforceable and collectible obligations of Borrower, and further acknowledges that there are no existing claims, defenses, personal or otherwise, or rights of setoff whatsoever with respect to the Credit Agreement or any other Loan Document. Borrower hereby agrees that this Amendment in no way acts as a release or relinquishment of the Liens and rights securing payments of the Obligations. The Liens and rights securing payment of the Obligations are hereby ratified and confirmed by Borrower in all respects.

  • Representations and Certifications The CNA shall assist the AbilityOne participating NPAs in the information gathering and filing of the NPAs’ Annual Representations and Certifications (AR&C) in accordance with 41 CFR §§ 51-3.2 and 3.6.

  • Ratification and Confirmation Except as specifically amended herein, the Note Agreement shall remain in full force and effect, and is hereby ratified and confirmed.

  • Ratifications Representations and Warranties (a) The terms and provisions set forth in this Amendment shall modify and supersede all inconsistent terms and provisions set forth in the Credit Agreement and, except as expressly modified and superseded by this Amendment, the terms and provisions of the Credit Agreement are ratified and confirmed and shall continue in full force and effect. Borrower and the Banks agree that the Credit Agreement, as amended hereby, shall continue to be legal, valid, binding and enforceable in accordance with its terms. (b) To induce the Banks to enter into this Amendment, the Borrower ratifies and confirms each representation and warranty set forth in the Credit Agreement as if such representations and warranties were made on the even date herewith, and further represents and warrants (i) that there has occurred since the date of the last financial statements delivered to the Banks no event or circumstance that has resulted or could reasonably be expected to result in a Material Adverse Effect, (ii) that no Event of Default exists on the date hereof, and (iii) that the Borrower is fully authorized to enter into this Amendment. THE BORROWER ACKNOWLEDGES THAT THE CREDIT AGREEMENT PROVIDES FOR A CREDIT FACILITY THAT IS COMPLETELY DISCRETIONARY ON THE PART OF THE BANKS AND THAT THE BANKS HAVE ABSOLUTELY NO DUTY OR OBLIGATION TO ADVANCE ANY REVOLVING LOAN OR TO ISSUE ANY LETTER OF CREDIT. THE BORROWER REPRESENTS AND WARRANTS TO THE BANKS THAT THE BORROWER IS AWARE OF THE RISKS ASSOCIATED WITH CONDUCTING BUSINESS UTILIZING AN UNCOMMITTED FACILITY.

  • Adoption, Ratification and Confirmation The Original Indenture, as supplemented and amended by this Supplemental Indenture, is in all respects hereby adopted, ratified and confirmed.

  • Ratification and Confirmation of Agreement In the event of a conflict between the terms of this Amendment and the Agreement, it is the intention of the parties that the terms of this Amendment shall control and the Agreement shall be interpreted on that basis. To the extent the provisions of the Agreement have not been amended by this Amendment, the parties hereby confirm and ratify the Agreement.

  • ACKNOWLEDGEMENT AND CONFIRMATION Each party to this Amendment hereby confirms and agrees that, after giving effect to this Amendment and the amendments contemplated hereby, and except as expressly modified hereby, the Credit Agreement and the other Credit Documents to which it is a party remain in full force and effect and enforceable against such party in accordance with their respective terms and shall not be discharged, diminished, limited or otherwise affected in any respect.

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