Operational Considerations. Buyer may Dispatch the Facility with -------------------------- the objective to avoid the need for energy imbalance service from a control area service provider, and to provide reactive power, load following (consistent with the scheduling), voltage control, and frequency response, provided that such services do not cause the Facility to operate outside of the Design Limits, and do not impose any additional costs or liabilities on Seller.
Operational Considerations. The Parties shall use their best endeavors to reach a satisfactory level of on- time service performance at all ports of call by jointly design, review and optimize service rotations and all related operational arrangements.
Operational Considerations. Clarification of the operational intent of the military, through the auspices of the MDI, will provide all parties to this MOA with a baseline of information from which to plan concurrent and joint future activities. Any reference made hereinafter to IDNR property will be the 4,250+/- acres remaining at the AFWA following the land transfer action.
Operational Considerations. Clarification of road access and control, fencing, and DoD ATFP Buffer provisions, and the intent of the military, through the auspices of the MDI, as pertains to said provisions, will afford all parties to this MOA with baseline information from which to plan concurrent and joint future activities. Any reference made hereinafter to IDNR property will be that 4,250 +/- acres remaining at the AFWA; and, references to Camp Xxxxxxxxx will be limited, for the most part, to that 1,250+/- additional acres resulting from the transfer action described herein. All references to boundary or boundaries will be those established through the legal survey and land description provided in the Quitclaim Deed effecting the property transfer.
Operational Considerations. Notwithstanding anything in this Memorandum, the Employer reserves the right to restrict the resignation with severance offer as a result of operational considerations. For example, where there are too many volunteers within a classification it may not be possible to permit all to resign.
Operational Considerations a. Measurement of water supplied
i. The quantity of bulk treated water supplied by the BWSP to Service Provider must be measured by flow meters located at points agreed between the BWSP and Service Provider and documented in the schedule to this agreement.
ii. To ensure their accuracy, the flow meters will be placed, tested and calibrated according to best industry practice or when requested by Service Provider or the BWSP and shall also be in accordance with the relevant guidelines.
iii. All costs associated with such testing or calibration must be met by the BWSP unless data and information obtained from flow meters are shared, in which case costs must be shared.
iv. The cost of any additional testing must be borne by the party making the request.
v. Data and information from flow meters must be made available on an integrated basis to each organisation’s telemetry and other relevant communications and monitoring systems.
vi. This information must be freely available to the regulatory board upon request.
b. Charges for the supply of water
Operational Considerations. Our operating results fluctuate within each quarter and from quarter-to-quarter making our future revenues and operating results difficult to predict While our sales cycle varies substantially from customer to customer, we usually realize a high percentage of our revenue in the third month of each fiscal quarter, and this revenue tends to be concentrated in the later part of that month. Our orders early in a quarter will not generally occur at a rate which, if sustained throughout the quarter, would be sufficient to assure that we will meet our revenue targets for any particular quarter. Moreover, our reorganization into business units, our shift in business emphasis to a more solutions-oriented sales process--undertaken in part to increase our average order size--and our transition from a one product to a multi-product company have resulted in longer and more unpredictable sales cycles for products and services. Accordingly, our quarterly results may be difficult to predict prior to the end of the quarter. Any inability to obtain large orders or orders in large volumes or to make shipments or perform services in the period immediately preceding the end of any particular quarter may cause the results for that quarter to fall short of our revenue targets. In addition, our operating expenses are based on expected future revenue and are relatively fixed for the short term. As a result, a revenue shortfall in any quarter could cause our earnings for that quarter to fall below expectations as well. Any failure to meet our quarterly revenue or earnings targets could adversely impact the market price of our stock. Other factors that may also cause quarter-to-quarter revenue and earnings fluctuation include the following: . our sales incentive structure is weighted more heavily toward the end of the fiscal year, and the rate of revenue growth for the first quarter historically has been lower and more difficult to predict than that for the fourth quarter of the immediately preceding fiscal year; . variability in the levels of professional service revenues and the mix of our license and service revenues; . declines in license revenue may adversely affect the size of our installed base and our level of service revenue; and . the increased utilization of third parties, such as systems integrators, resellers, strategic partners and application service providers, as distribution mechanisms for our software products and related services, may lessen the control we have ov...
Operational Considerations. The Partners recognize that the date when Wireless Radio Service can first be offered to the public depends upon, among other items, the time required to obtain a Wireless Radio Service license or licenses from the FCC for providing such Wireless Radio Service and other federal, state and local approvals and the time required to construct and test the Wireless Radio Service facilities, taking into account the General Partner's construction schedule and the Wireless Radio Service system equipment manufacturer's schedule.
Operational Considerations. The following operational considerations shall be enforced by the Participating Municipalities through their respective Committee representatives:
Operational Considerations. The Purchaser hereby covenants and agrees that during the Earn-Out Period, the Purchaser shall: (i) not take or omit to take any action with the express purpose and intent of, absent an independent and good faith business rationale for its actions, depriving the Seller of the opportunity to earn any Retention Earn-Out {M1108931.1 } - 8 - Consideration or Value Earn-Out Consideration; (ii) use commercially reasonable efforts in a manner reasonably consistent with the Seller’s past practice to operate the Business of Seller and related services related to the Retention Earn-Out Consideration or Value Earn-Out Consideration; and (iii) not relocate the principal place of business of the Business, or cause the principal place of business of the Business to be relocated, to a location more than fifty (50) miles from the current principal place of business of the Business in Wallingford Connecticut, unless otherwise agreed to by the parties. Purchaser and Seller shall review performance in relation to the Earn Out no less than quarterly.
