Purchase of Capacity Sample Clauses

Purchase of Capacity. (a) Subject to the other provisions of this Article II, Purchaser agrees to purchase from Supplier and Supplier agrees to sell to Purchaser an amount of Plastic Components equal to no less than 90% of the total capacity of the Newark Assets. (b) At least 60 days prior to the beginning of each year, Purchaser shall provide Supplier with a non-binding forecast for the Plastic Components that it will purchase from Supplier during such year, which shall represent a good faith estimate of Purchaser’s expected purchases for such year. On or before the 15th day of each month, Purchaser shall submit a firm order for production during the following month (a “Production Request”), which shall not exceed the capacity of the Newark Assets, and a non-binding forecast for the following two months, which forecast shall represent a good faith estimate of Purchaser’s requirements for such two months. Purchaser shall be deemed to purchase, and shall be responsible for payment to Supplier for, any Plastic Components manufactured by Supplier in response to a Production Request, regardless of whether Purchaser submits a Release Request for such Plastic Components. In addition, to maximize utilization of the Newark Assets, Supplier may produce Plastic Components based upon Purchaser’s non-binding forecasts. If Purchaser provides its written consent to such production, Purchaser shall be deemed to purchase, and shall be responsible for payment to Supplier for, any Plastic Components manufactured by Supplier in response to such forecast, regardless of whether Purchaser submits a Release Request for such Plastic Components. (c) From time to time Purchaser may submit requests to release Plastic Components for shipment (“Release Requests”) to Supplier. Upon receipt of a Release Request, Supplier shall use its commercially reasonable efforts to satisfy the Release Request; provided, however, that in no event shall Purchaser be obligated to utilize production equipment other than the Newark Assets, and Supplier is obligated to provide mxxxxxx as required to meet Production
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Purchase of Capacity. 1.1 Individual units of Capacity as set out in Schedule 2A or 2B, as applicable, (each a "Unit") shall be available for activation in tranches (each a "Tranche") pursuant to the delivery schedule set out in Schedule 6A or 6B, as applicable. GTE agrees to acquire the IRU (except as otherwise provided herein) in the Capacity in Tranche 1 and has the option to acquire the IRU (except as otherwise provided herein) in the Capacity in Tranches 2, 3, 4 and (if applicable) 5 for the purchase price set forth in Schedule 2A or 2B, as applicable (the "Purchase Price"), subject to the terms and conditions of this Agreement. GTE may exercise its option to acquire the Capacity in Tranches 2, 3, 4 and (if applicable) 5 by notice to FA-1 ***. GTE shall by the earlier of *** notify FA-1 whether Schedule 2A or 2B shall apply to this Agreement (and if GTE fails to give such notice by the required date Schedule 2A shall apply). If Schedule 2A applies then Schedule 6A shall apply and if Schedule 2B applies then Schedule 6B shall apply. 1.4 FA-1 shall: 1.4.1 Provide to GTE the circuit designations within one day after receipt of an Activation Notice from GTE; and 1.4.2 Provision the Requested Capacity within *** days (*** days in the case of the initial Requested Capacity to be activated following the Initial RFS Date) after receipt of an Activation Notice for such Requested Capacity in accordance with the standards described in Schedule 7. 1.5 Subject to GTE paying the Purchase Price in accordance with the terms of this Agreement, GTE shall have the right, subject to the terms of this Agreement, to use such Requested Capacity from the date provisioned under clause 1.4.2 until the System is decommissioned. 1.6 GTE shall be entitled to collocation pursuant to a collocation agreement to be negotiated between the Parties within 90 days of the execution of this Agreement, based on the principles set out in Schedule 4. 1.7 Nothing set forth in this Agreement shall require GTE to use purchased Capacity for transport of communications until such time as (a) GTE, in its sole discretion, determines to use such purchased Capacity, and (b) GTE has obtained all necessary approvals to use such purchased Capacity. 1.8 GTE shall have an ownership interest in the Capacity as provided herein but GTE shall have no legal title or ownership in the physical assets of the System itself, including any proceeds from the disposition of the System. 1.9 In the event that (i) after using commercially reas...
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Purchase of Capacity a. Purchaser agrees to acquire the right to use a whole STM-1 between the United Kingdom and Japan between the landing stations at Porthcurno, United Kingdom and Ninomiya, Japan ("Prime STM-1"). b. [*] c. [*] [*] Confidential treatment requested. d. [*] e. [*] f. [*] g. The ability of Purchaser to make use of the rights granted to Purchaser in this Section 1 more than 24 months after the date hereof shall be subject to Purchaser obtaining access to the FLAG Cable System through the relevant landing stations. h. Purchaser shall from time to time provide FLAG with not less than 30 days' prior notice of the date it wishes to activate any of the Capacity. i. Subject to payment of the purchase price for the Capacity Purchaser wishes to activate pursuant hereto, Purchaser shall have the right to use such Capacity from the date of activation until the end of its design life (25 years after 8 October 1997) or if earlier until the FLAG Cable System is decommissioned, which earlier decommissioning requires the unanimous agreement of FLAG and the FLAG Cable System landing parties under the C&MA. Purchaser shall not, pursuant to this Agreement, have any ownership or other rights in the FLAG Cable System itself. Nevertheless, except as otherwise provided in this Agreement, as between [*] Confidential treatment requested Purchaser and FLAG, Purchaser shall have the rights and remedies under the C&MA with respect to the use of the Capacity as if Purchaser were a Non-Landing Party Signatory to the C&MA. FLAG shall have no greater obligations with regard to the Capacity or the use thereof than it would have under the C&MA if Purchaser were a Non-Landing Party Signatory to the C&MA.
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Purchase of Capacity. Company will purchase the electric capacity supplied to its system from Customer's QF at the Company's monthly avoided cost of capacity for Company per kilowatt in accordance with 170 IAC 4-4.1-9 (a), as then set forth in "Standard Contract Rider No. 50 - Parallel Operation For Qualifying Facility." Company shall file annually with the Commission data supporting such costs. Monthly payments for such purchase of capacity shall be adjusted by the application of a factor developed in accordance with 170 IAC 4-4.1-9 (d) reflecting actual output of the QF.
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Purchase of Capacity. 1.1 Individual units of Capacity as set out in Schedule 2A or 2B, as applicable, (each a "Unit") shall be available for activation in tranches (each a "Tranche") pursuant to the delivery schedule set out in Schedule 6A or 6B, as applicable. GTE agrees to acquire the IRU (except as otherwise provided herein) in the Capacity in Tranche 1 and has the option to acquire the IRU (except as otherwise provided herein) in the Capacity in Tranches 2, 3, 4 and (if applicable) 5 for the purchase price set forth in Schedule 2A or 2B, as applicable (the "Purchase Price"), subject to the terms and conditions of this Agreement. GTE may exercise its option to acquire the Capacity in Tranches 2, 3, 4 and (if applicable) 5 by notice to FA-1 ***. GTE shall by the earlier of *** -------------------- Confidential Treatment has been requested with respect to the portions of this agreement marked with three asterisks (***) and the redacted material has been filed separately with the Securities and Exchange Commission. notify FA-1 whether Schedule 2A or 2B shall apply to this Agreement (and if GTE fails to give such notice by the required date Schedule 2A shall apply). If Schedule 2A applies then Schedule 6A shall apply and if Schedule 2B applies then Schedule 6B shall apply.
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Purchase of Capacity 
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Related to Purchase of Capacity

  • Assessment of capacity For the purpose of establishing the percentage of the rate to be paid to an employee under this Agreement, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either: (a) the employer and the union in consultation with the employee or, if desired by any of these; or (b) the employer and an accredited Assessor from a panel agreed by the parties to the Agreement and the employee.

  • Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.

  • Shareholder Capacity No Person executing this Agreement who, during the term hereof, is or becomes a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a director or officer of the Company. Each Principal Shareholder signs solely in his, her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder Shares.

  • Stockholder Capacity No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding herein in his or her capacity as such director or officer. Stockholder signs solely in his, her or its capacity as the beneficial owner of the Subject Shares and nothing herein shall limit or prohibit Stockholder or any of its Representatives, in his or her capacity as an officer or director of the Company, from taking any action or failing to take any action in such capacity.

  • Maximum Capacity The Sick Leave Bank shall accumulate unused Bank days from year to year to a maximum capacity which shall not exceed double the number of eligible employees as defined in the above Section C, Eligibility for Membership.

  • Corporate Capacity The Acquirer has the corporate power, capacity and authority to enter into and complete this Agreement;

  • Power and Capacity The Shareholder has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes the Shareholder’s valid, legal and binding obligation and is enforceable against the Shareholder in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights;

  • Agent in Individual Capacity Xxxxx Fargo and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide Bank Products to, acquire Equity Interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any Loan Party and its Subsidiaries and Affiliates and any other Person party to any Loan Document as though Xxxxx Fargo were not Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge (and by entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to acknowledge) that, pursuant to such activities, Xxxxx Fargo or its Affiliates may receive information regarding a Loan Party or its Affiliates or any other Person party to any Loan Documents that is subject to confidentiality obligations in favor of such Loan Party or such other Person and that prohibit the disclosure of such information to the Lenders (or Bank Product Providers), and the Lenders acknowledge (and by entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to acknowledge) that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to provide such information to them. The terms “Lender” and “Lenders” include Xxxxx Fargo in its individual capacity.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

  • Action in Shareholder Capacity Only The parties acknowledge that this Agreement is entered into by Shareholder solely in such Shareholder’s capacity as the Beneficial Owner of such Shareholder’s Owned Securities and nothing in this Agreement restricts or limits any action taken by such Shareholder in its capacity as a director or officer of the Company or any of its Affiliates and the taking of any actions (or failure to act) in its capacity as an officer or director of the Company, or any of its Affiliates, will not be deemed to constitute a breach of this Agreement, regardless of the circumstances thereto.

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