Obligation to Take the Daily Quantity Sample Clauses

Obligation to Take the Daily Quantity. Subject to the operation of Section 4.4 governing load loss, if on any Gas Day MMGA tenders the Daily Contract Quantity for delivery to Gas Purchaser and Gas Purchaser fails to take the Daily Contract Quantity, Gas Purchaser shall remain obligated to pay MMGA the Contract Price for the Daily Contract Quantity. If Gas Purchaser’s failure to take is due to a loss of load on its system as established by Gas Purchaser in a manner satisfactory to MMGA, the provisions of Section 4.4 shall apply. If not, MMGA shall credit to Gas Purchaser’s account any net revenues MMGA may receive from the ultimate sale of any such Gas to other Municipal Utilities, up to the Contract Price, less a MMGA remarketing administrative charge of five cents ($0.05) per MMBtu. Notwithstanding anything to the contrary contained herein, the Gas Purchaser shall continue to be obligated to pay the Project Administration Fee with respect to its Daily Contract Quantity.
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Obligation to Take the Daily Quantity. Subject to the operation of Section 4.4 governing load loss, if on any Gas Day [Issuer] tenders the Daily Contract Quantity for delivery to Gas Purchaser and Gas Purchaser fails to take the Daily Contract Quantity, Gas Purchaser shall remain obligated to pay [Issuer]the Contract Price for the Daily Contract Quantity. If Gas Purchaser’s failure to take is due to a loss of load on its system as established by Gas Purchaser in a manner satisfactory to [Issuer], the provisions of Section 4.4 shall apply. If not, [Issuer]shall credit to Gas Purchaser’s account any net revenues [Issuer]may receive from the ultimate sale of any such Gas to other Municipal Utilities, up to the Contract Price, less a [Issuer]remarketing administrative charge of five cents ($0.05) per MMBtu. Notwithstanding anything to the contrary contained herein, the Gas Purchaser shall continue to be obligated to pay the Project Administration Fee with respect to its Daily Contract Quantity.
Obligation to Take the Daily Quantity. Subject to the operation of Section 4.4‌ governing load loss, which shall apply to an inability to take by Purchaser as a result of a loss of load as set forth in that Section, if on any Gas Day Seller tenders the Daily Contract Quantity for delivery to Purchaser and Purchaser fails to take the Daily Contract Quantity, Purchaser shall remain obligated to pay Seller the Contract Price for the Daily Contract Quantity. Seller shall credit to Purchaser’s account any Net Remarketing Proceeds that FGU may receive from BBE under the Project Participant Agreement in connection with the remarketing of such Gas.
Obligation to Take the Daily Quantity. Subject to the operation of Section 4.4‌ governing load loss, which shall apply to an inability to take by Purchaser as a result of a loss of load as set forth in that Section, if on any Gas Day TEAC tenders the Daily Contract Quantity for delivery to Purchaser and Purchaser fails to take the Daily Contract Quantity, Purchaser shall remain obligated to pay TEAC the Contract Price for the Daily Contract Quantity plus the Supply Administration Fee. TEAC shall credit to Purchaser’s account any net revenues TEAC may receive from Prepay LLC under the Prepaid Agreement in connection with the ultimate sale of any such Gas by Prepay LLC to other Municipal Utilities, up to the Contract Price, less the Supply Administration Fee, less TEAC’s remarketing administrative charge of three cents ($0.03) per MMBtu. In the event of permanent load loss on Purchaser’s system due to the permanent cessation of all or part of Purchaser’s electric generation operations, Purchaser may request the permanent reduction of its Daily Contract Quantity for the remaining term of this Agreement. If TEAC is satisfied that such loss of demand is permanent, through evidence satisfactory to TEAC in its sole discretion, TEAC shall use reasonable efforts to pursue the re- allocation Purchaser’s Daily Contract Quantities associated with its loss of demand to other Project Participants or through remarketing under the provisions of the Prepaid Agreement, and upon such re-allocation, shall reduce Purchaser’s Daily Contract Quantities through the remaining term of this Agreement accordingly.

Related to Obligation to Take the Daily Quantity

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • QUANTITY BASIS OF CONTRACT – NO GUARANTEED QUANTITIES The contract established has no guarantee of any specific quantity and the State is obligated only to buy that quantity which is needed by its agencies.

  • Agreement Amount The Grantee acknowledges and agrees that, notwithstanding any other provision of this Agreement, the maximum amount payable by the City under this Agreement for the initial ## month term shall not exceed the amount approved by City Council, which is $ (dollar amount), and $ (dollar amount) per ## month extension option, for a total Agreement amount of $ . Continuation of the Agreement beyond the initial ## months is specifically contingent upon the availability and allocation of funding, and authorization by City Council. Additional compensation terms are included in Exhibit B.3.

  • Agreement Xxx 0000 The Company shall not produce iron ore under this Agreement for transportation in any calendar year in excess of the approved production limit nor shall the total number of the mine workforce exceed the approved mine workforce without the prior consent in principle of the Minister and, subject to that consent, approval of detailed proposals in regard thereto in accordance with this Clause.

  • C1 Contract Price In consideration of the Contractor’s performance of its obligations under the Contract, the Authority shall pay the Contract Price in accordance with clause C2 (Payment and VAT).

  • Maximum Commitment The maximum aggregate amount payable by NYSERDA to the Contractor shall be the amount appearing at Item 5 of page one of this Agreement. NYSERDA shall not be liable for any costs or expenses in excess of such amount incurred by the Contractor in the performance and completion of the Work.

  • ESTIMATED QUANTITIES 1.1 The quantities set forth in the line items and specification document are approximate and represent the estimated requirements for the contract period. 1.2 Items listed may or may not be an inclusive requirements for this category. 1.3 Category items not listed, but distributed by bidder are to be referred to as kindred items. Kindred items shall receive the same percentage of discount or pricing structure as items listed in the specification document. 1.4 The unit prices and the extended total prices shall be used as a basis for the evaluation of bids. The actual quantity of materials necessary may be more or less than the estimates listed in the specification document, but the City/County shall be neither obligated nor limited to any specified amount. If possible, the Owners will restrict increases/decreases to 20% of the estimated quantities listed in the specification document.

  • Maximum Total Payment Including the reimbursable expenses shown above (if any), the maximum total payment under this Contract is $ ; this is a not-to-exceed amount, and the District will not pay more than this amount unless specifically agreed to in an amendment executed by the parties.

  • ESTIMATED / SPECIFIC QUANTITY CONTRACTS Estimated quantity contracts, also referred to as indefinite delivery / indefinite quantity contracts, are expressly agreed and understood to be made for only the quantities, if any, actually ordered during the Contract term. No guarantee of any quantity is implied or given. With respect to any specific quantity stated in the contract, the Commissioner reserves the right after award to order up to 20% more or less (rounded to the next highest whole number) than the specific quantities called for in the Contract. Notwithstanding the foregoing, the Commissioner may purchase greater or lesser percentages of Contract quantities should the Commissioner and Contractor so agree. Such agreement may include an equitable price adjustment.

  • Maximum Aggregate Liability IN NO EVENT SHALL TMLS BE LIABLE TO PARTICIPANT FOR ANY AMOUNT IN EXCESS OF THE GREATER OF (A) THE FEES PARTICIPANT HAS PAID TMLS, IF ANY, IN THE YEAR IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO ANY CLAIM FOR DAMAGES; OR (B) $100.

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