Project Limitations Sample Clauses

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. 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. 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. 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. 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. 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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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). B. The project must not involve activities which are part of the applicant’s paid duties and responsibilities (i.e. those tasks which an individual is performing as institutional responsibilities or as a necessary part of their main load duties.) The activities used for PG&D must be “over and above” the tasks assigned within the Department or Division. C. The project must not involve activities completed prior to January of the project application approval year. with the following exceptions: 1. The activity will not be available at any other time during the following three (3) years and the applicant’s participation in the activity would serve the educational needs of the students and/or the college. A letter from the college President attesting to this must accompany the application. WVMFT DIST 5 of 12 2. The member has been elected chair of an eligible college/District committee or of a local, state or national professional organization within the immediate three (3) years preceding the application. Documentation of this must be included in the application and must meet the guidelines in this article under Approved Activities/Organizations Activities.
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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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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.

  • Payment Limitations 7.10.1 When the Project involves federal funds or any funds other than those authorized by the Mississippi Legislature, either by direct appropriation or by authority to issue general obligation bonds or revenue bonds of the State of Mississippi for expenditures to be made by or under the direction of the Owner, it is mutually agreed that the amount of the Professional's fee based on such funds shall in no event become due until such federal funds or other funds have been actually paid into the State Treasury.

  • 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

  • Other Limitations Notwithstanding anything to the contrary set forth in this Agreement, the amount of any Loss subject to indemnification pursuant to this ARTICLE VIII shall be calculated net of (a) any insurance proceeds actually received in cash (net of any applicable deductibles, co-payments, “retro premium” adjustments and similar costs or payments) by the Indemnified Party or any of its Affiliates on account of such Loss, (b) any Tax Benefits inuring to the Indemnified Party on account of such Loss and (c) any indemnification, contribution or other payment actually received in cash (net of any applicable costs of recovery or collection thereof) from any third Person with respect to such Loss. The Indemnified Party shall use its reasonable best efforts to (A) seek full recovery from any third parties and under all insurance policies covering, and all right to indemnification and/or contribution from third Persons in respect of, any Loss and (B) mitigate any actual or potential Loss, in each case to the same extent as it would if such Loss were not subject to indemnification pursuant to this ARTICLE VIII (including, for example, Buyer’s judgment regarding the impact such actions might have on customers and other third parties having material continuing business relationships with the Sold Companies). In the event that an insurance, indemnification, contribution or other recovery is made or a Tax benefit described in this Section 8.7(b) is realized by the Indemnified Party with respect to any Loss for which it has been indemnified pursuant to this ARTICLE VIII, then a refund equal to the aggregate amount of the recovery or benefit shall be paid promptly in immediately available funds to the Indemnifying Party that provided such indemnification to the Indemnified Party. If the Indemnified Party receives a Tax Benefit after an indemnification payment is made to it pursuant to this ARTICLE VIII, the Indemnified Party shall promptly pay to the Indemnifying Party that made such indemnification payment the amount of such Tax Benefit at such time or times as and to the extent that such Tax Benefit is realized by the Indemnified Party. For purposes hereof, “Tax Benefit” shall mean, with respect to any applicable Loss, any cash Tax savings or refunds that are received and actually recognized by the Indemnified Party in the tax year of the respective Loss, and any amounts actually credited against cash Taxes payable of the Indemnified Party in the tax year of the respective Loss, in each case determined on a with and without basis (comparing the actual cash Tax liability of the Indemnified Party for the applicable year against the hypothetical cash Tax liability of the Indemnified Party had such Loss not been incurred); provided, that no Tax Benefit shall be taken into account with respect to a Loss to the extent such Loss (or the receipt of an indemnity payment in respect of such Loss) would result in a reduction of Tax basis in depreciable or amortizable property; provided, further, that in no event shall the Tax Benefit be deemed to exceed the amount of any indemnification payment paid to the Indemnified Party. The Seller Indemnified Persons or the Buyer Indemnified Persons, as the case may be, shall not be entitled to recover more than once for the same Loss. No Seller Indemnified Person shall be entitled to recover any Loss if and to the extent such Loss is reflected in the calculation of Closing Indebtedness, Unpaid Sold Company Transaction Expenses or Closing Net Working Capital.

  • Billing Limitations a. DSHS shall pay the Contractor only for authorized services provided in accordance with this Contract. b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months after the calendar month in which the services were performed. c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if the Contractor has charged or will charge another agency of the state of Washington or any other party for the same services.

  • Exceptions and Limitations For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.

  • Account Limitations Limitations are implemented to help protect PayPal, buyers and sellers when we notice restricted activities, an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your PayPal account open. There are several reasons why your PayPal account could be limited, including: • If we suspect someone could be using your PayPal account without your knowledge, we’ll limit it for your protection and look into the fraudulent activity. • If your debit or credit card issuer alerts us that someone has used your card without your permission. Similarly, if your bank lets us know that there have been unauthorized transfers between your PayPal account and your bank account. • In order to comply with applicable law. • If we believe in our sole discretion that you have breached this agreement or violated the Acceptable Use Policy. • Seller performance indicating your PayPal account is high risk. Examples include: indications of poor selling performance because you’ve received an unusually high number of claims and chargebacks, selling an entirely new or high-cost product type, or if your typical sales volume increases rapidly. Unless a permanent limitation is placed on your account, you will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect PayPal, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

  • Further Limitations Geron shall not be required (i) to transfer on its books any Shares that have been sold or otherwise transferred in violation of any of the provisions of this Agreement or applicable securities laws; or (ii) to treat as owner of such Shares or to accord the right to vote or pay dividends to any purchaser or other transferee to whom such Shares shall have been so transferred in violation of any of the provisions of this Agreement or applicable securities laws.

  • 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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