Project Limitations Sample Clauses

Project Limitations. If the Company determines in good faith that a Project Proposal conflicts with any then-existing use or business operations conducted by the Company or third parties on the North Ranch, including then-existing oil and gas operations, Produced Water, Recycled Water and/or Fresh Water operations (each a “Project Limitation”), the Company shall notify Operator in writing of such determination and the basis therefor within fifteen (15) days from the date of receipt of the Project Proposal, and the Parties shall negotiate in good faith for not less than thirty (30) days to amend the Project Proposal. If the Parties are unable to mutually agree on a revised Project Proposal within such thirty (30) day period, then Operator shall not pursue such Additional Facility. For the avoidance of doubt, if the Company does not provide written notice of any objection to a Project Proposal that is subject to a Project Limitation within fifteen (15) days from the date of receipt of the Project Proposal, the Company shall be deemed to have accepted and consented to the Project Proposal for all purposes to the extent that the Company is not expressly prohibited from doing so by a valid existing instrument to which the Company is a party.
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Project Limitations. If Company determines in good faith that a Project Proposal conflicts with any then-existing use or business operations conducted by Company or Third Parties on the Lands, including then-existing oil and gas operations, Produced Water and/or Recycled Water operations (each, a “Project Limitation”), Company shall notify Operator in writing of such determination and the basis therefor within fifteen (15) days from the date of receipt of the Project Proposal, and the Parties shall negotiate in good faith for not less than thirty (30) days to amend the Project Proposal; provided that any Project Proposal to locate a Disposal Well within one (1) mile of any other existing Disposal Well, existing Third Party disposal well, or Permit operated or held by Operator or any other Person shall in each case be deemed to conflict with then-existing Produced Water operations and, following Company’s notice to Operator of the Project Limitation, Company shall have no further obligations to consider or negotiate such Project Proposal with Operator. If the Parties are unable to mutually agree on a revised Project Proposal within such thirty (30)-day period, then Operator shall not pursue such Additional Facility. For the avoidance of doubt, if Company does not provide written notice of any objection to a Project Proposal that is subject to a Project Limitation within fifteen (15) days from the date of receipt of the Project Proposal, Company shall be deemed to have accepted and consented to such Project Proposal for all purposes to the extent that Company is not expressly prohibited from doing so by a valid existing instrument to which Company is a party.
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Project Limitations. The main challenge in gaining a better quantitative understanding of the sources of GHG emissions and the potential options to mitigate impacts arises from the diffuse nature of the ODS/HFC bank sources. This applies to all the foam containing applications reviewed by this project, but was particularly challenging for transport refrigerated units and the lesser applications of marine buoyancy and consumer products like cooler boxes. As a consequence, the project team did need to make assumptions on historical stock development. These assumptions are shown in the main body of the report where relevant, and also in summary Table 3-28 in Section 3.7.1. Apart from obtaining stock data from the 1960’s onward, the project also had to capture foam and blowing agent content and changes over the decades. Many of the screening interview respondents were unable to be specific on stock and insulation volumes or changes within their sectors. Neither were they well informed about the impact of underlying drivers (such as Title 24 for building insulation content) affecting foam use over time. Nor was this information always available from foam producers. As a consequence, the project team had to rely on published data combined with assumptions on foam consumption growth rates.
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Project Limitations. A. The project must not involve duplication of sabbatical leave projects, or column advancement course work. Exception: Course work may be applied to move from Column A to B or from Column E to F at the time the degree is awarded. (Duplication refers to context, not to methodology. Chairing major college committees could be used for more than one growth step).
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Project Limitations. From the date of this Agreement until the termination of this Agreement (or the termination of this Section 2 pursuant to Section 5(b)), neither Cottonmouth and its Affiliates nor any Verde Company will directly or indirectly construct, install, own, operate, acquire, or acquire a material equity interest in, any Project in the AMI (or offer to any Person the opportunity to jointly pursue any Project in the AMI, or enter into any joint venture or arrangement (including any license arrangement) of any kind or character with respect to any Project in the AMI) without first fully complying with Section 3 with respect to such Project. For the avoidance of doubt, Cottonmouth and its Affiliates and any Verde Company may freely pursue any Project with respect to which a Notice (as defined below) specific to such Project has been delivered to OpCo or Cottonmouth, as applicable, pursuant to Section 3(a) and for which OpCo or Cottonmouth, as applicable, has failed to timely deliver an Exercise Notice (as defined below) before the end of the Election Period (as defined below); provided, however, that with respect to any Project for which Notice has been delivered and OpCo or Cottonmouth, as applicable, has failed to timely deliver an Exercise Notice before the end of the Election Period, if such Project shall have materially changed or if construction of such Project shall not have materially commenced within three years from the date of the original Notice, a new Notice pursuant to Section 3 of this Agreement shall be required.
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Project Limitations. The Project is research. As such, SFU does not represent that the Project will lead to any particular result, nor does it guarantee a successful outcome to the Project.
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Project Limitations. The main challenge in gaining a better quantitative understanding of the sources of GHG emissions and the potential options to mitigate impacts arises from the diffuse nature of the ODS/HFC bank sources. This applies to all the foam containing applications reviewed by this project, but was particularly challenging for transport refrigerated units and the lesser applications of marine buoyancy and consumer products like cooler boxes. As a consequence, the project team did need to make assumptions on historical stock development. Theses assumptions are shown in the 5 Analysis of Costs to Xxxxx International Ozone Depleting Substance Substitute Emissions; US EPA, 2005 main body of the report where relevant, and also in a summary table in Section 3.8, Page 57. Apart from obtaining stock data from the 1960’s onward, the project also had to capture foam & blowing agent content and changes over the decades. Many of the screening interview respondents were unable to be specific on stock and insulation volumes or changes within their sectors. Neither were they well informed about the impact of underlying drivers (such as Title 24 for building insulation content) affecting foam use over time. Nor was this information always available from foam producers. As a consequence, the project team had to rely on published data combined with assumptions on foam consumption growth rates. As noted in Section 2.3, following the ‘kick-off’ meeting in July 2008, the California Air Resources Board was obliged to place a temporary stoppage on the project while the State budget was being confirmed. As a result of this delay there was a subsequent scheduling conflict involving one of our project team members. This meant that the contractor could not complete the allocated tasks which were then reallocated back to Caleb for later delivery. This had additional impacts on the delivery timetable but these were minimized to the extent possible.
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Project Limitations. I understand time limitations, weather conditions, and expense may make all or some portion of the Project impossible to complete. I understand that it is preferable that I remain at home the day of the Project and, if possible, assist with the Project until all work is finished and volunteers have departed. However, if I am unable to remain at home during the Project, I leave it to the sole judgment of the CHLB leader(s) to make any and all decisions related to the repair work being undertaken.
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Related to Project Limitations

  • Specific Limitations No Member shall have the right or power to: (a) withdraw or reduce such Member’s Capital Contribution except as a result of the dissolution of the Company or as otherwise provided by law or in this Agreement; (b) make voluntary Capital Contributions or to contribute any property to the Company other than cash; (c) bring an action for partition against the Company or any Company assets; (d) cause the termination and dissolution of the Company, except as set forth in this Agreement; or (e) upon the Distribution of its Capital Contribution require that property other than cash be distributed in return for its Capital Contribution. Each Member hereby irrevocably waives any such rights.

  • Liability Limitations This paragraph limits the liabilities arising under this Agreement or any SOW and is a bargained-for and material part of our business relationship with you. You acknowledge and agree that Verticomm would not enter into any SOW or this Agreement unless Verticomm could rely on the limitations described in this paragraph. In no event shall either party be liable for any indirect, special, exemplary, consequential, or punitive damages, such as lost revenue, loss of profits (except for fees due and owing to Verticomm), savings, or other indirect or contingent event-based economic loss arising out of or in connection with this Agreement, any SOW, or the Services, or for any loss or interruption of data, technology or services, or for any breach hereof or for any damages caused by any delay in furnishing Services under this Agreement or any SOW, even if a party has been advised of the possibility of such damages; however, reasonable attorneys’ fees awarded to a prevailing party (as described below), your indemnification obligations, and any amounts due and payable pursuant to the non-solicitation provision of this Agreement shall not be limited by the foregoing limitation. Except for the foregoing exceptions, a responsible party’s (“Responsible Party’s”) aggregate liability to the other party (“Aggrieved Party”) for damages from any and all claims or causes whatsoever, and regardless of the form of any such action(s), that arise from or relate to this Agreement (collectively, “Claims”), whether in contract, tort, indemnification, or negligence, shall be limited solely to the amount of the Aggrieved Party’s actual and direct damages, not to exceed the amount of fees paid by you (excluding hard costs for licenses, hardware, etc.) to Verticomm for the specific Service upon which the applicable claim(s) is/are based during the three (3) month period immediately prior to the date on which the cause of action accrued. The foregoing limitations shall not apply to the extent that the Claims are caused by a Responsible Party’s willful or intentional misconduct, or gross negligence. Similarly, a Responsible Party’s liability obligation shall be reduced to the extent that a Claim is caused by, or the result of, the Aggrieved Party’s willful or intentional misconduct, or gross negligence.

  • Warranty Limitations This Contractual Warranty does not warrant uninterrupted or error-free operation of the Product or cover normal wear and tear of the Product or costs related to the removal, installation, or troubleshooting of the customer's electrical systems. The warranty claims that relate to defects caused by any of the following factors are not covered by the Contractual Warranty: • Improper Use or Non-compliance with installation, commissioning, operation or maintenance instructions (i.e. not according to the operation & installation manual) • Unauthorized modifications, changes or attempted repairs, • Vandalism, destruction through external influence and/or persons/animals • Use in an unsuitable environment, including any environment or location that causes excessive wear and tear or dirt or dust or debris buildup within the system or that is difficult or unsafe for Xantrex LLC representatives to access • Insufficient ventilation • Installation in a corrosive environment • Failure to observe applicable safety standards & regulations • Damages during transportation or storage • Force majeure, examples include, but not limited to: fire, flood, earthquakes, storm damage, overvoltage & lightning strikes • Exposure to fire, water, snow, moisture, or liquid ingress (except for any such exposure to environmental conditions that your Product was specifically designed to withstand as indicated in the applicable specifications for your Product) • Used as a component part of a product expressly warranted by another manufacturer • If the original identification (trade-mark, serial number) markings have been defaced, altered, or removed • Consumable components of any type are not covered, including but not limited to fans, fuses and filters etc. • Cosmetic shortcoming which do not impair the use of the product for the intended purpose i.e. supply of energy Warranty claims also exclude: • Damages arising due to the fact that the use of the product for the intended purpose is no longer possible or only possible with restrictions as a result of amendments to the statutory provisions applicable to the operation of the product made after the delivery of the product • Compensation for damages related to loss of power production or business operation or any expenses incurred by customer towards repair & replacement of the product (including but not limited to labor, transportation, temporary power) • Cost arising from changes to existing PV systems or building installations or vehicle or marine vessel installation and like • Additional costs and expenses (i.e. shipping costs, travel, accommodation, meals, etc.) arising due to remote locations of the indicated geographies, including but not limited to islands and overseas territories

  • Exceptions to Limitations These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, indemnification obligations, or Customer's payment obligations.

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