QUANTITY OF WATER; POINT OF DELIVERY; TITLE Sample Clauses

QUANTITY OF WATER; POINT OF DELIVERY; TITLE. (a) Minimum Take-or-Pay Quantity. Riverbend will make available to Member Entity at the Point of Delivery defined herein in Subsection (e), and Member Entity agrees to purchase and take at said Point of Delivery, wholesale treated water in an amount not less than 16,693,940 gallons per fiscal year, provided at the Rate of Delivery and pressure stated below in Section 2(j). Member Entity agrees to make the Minimum Monthly Payments calculated as set forth in Section 3 as consideration for such distribution and provision of wholesale treated water and Riverbend’s operation and maintenance of the Regional Water System Facilities during the Term. The Minimum Quantity is based upon the 2017-2018 volumes recorded and set forth in Exhibit H. The Minimum Monthly Payments represent monthly installment fees paid in a take-or-pay arrangement for the entire Minimum Quantity of water over the course of the fiscal year. The Minimum Quantity may be adjusted upward in the event Riverbend determines additional water is available, and such increase in the Minimum Quantity amount shall be approved through separate written agreement between the Parties. Any additional water available for sale by Riverbend from the Planned Improvements shall be allocated at the time the water is or becomes available as follows, listed in sequential order of priority: (1) First to Riverbend Member Entities, or their respective lessees or grantees, that have submitted written requests for additional or new water to Riverbend pursuant to Section 15, and prioritized among Riverbend Member Entities, or their respective lessees or grantees, based on the order of receipt by Riverbend; (2) Next to existing third-party contract customers of Riverbend that have submitted written requests for additional water to Riverbend, and prioritized among third party contract customers based on the order of receipt by Riverbend; and (3) Lastly, to new third-party contract customers. (b) Supply of Water to Member Entity from Other Contracts. Nothing in this Contract shall prevent Member Entity, or any other Riverbend Member Entity, from entering into a water supply contract with any other supplier of water that provides treated water through the supplier’s (or Member Entity’s) own facilities.
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Related to QUANTITY OF WATER; POINT OF DELIVERY; TITLE

  • Point of Delivery The point of interconnection between NEPOOL Pool Transmission Facilities and the transmission facilities of the Local Distributor.

  • DELIVERY, TITLE AND RISK OF LOSS Unless otherwise specified on the EDDYFI quotation, delivery is FCA (Manufacturing Site). In any case, delivery and risk of loss is in accordance with INCOTERMS 2010. Title to products shall pass to the Customer upon full payment of the invoice(s). In the absence of specific instructions, goods will be shipped via the carrier EDDYFI deems most practical. No claim for error in shipment will be considered unless made within ten (10) days of Customer’s receipt of goods.

  • Delivery Point The delivery point is the point of delivery of the Power Product to the CAISO Controlled Grid (the “Delivery Point”). Seller shall provide and convey to Buyer the Power Product from the Generating Facility at the Delivery Point. Title to and risk of loss related to the Power Product transfer from Seller to Buyer at the Delivery Point.

  • Ownership Title to Project Deliverables This clause shall apply where Contractor is commissioned by the Authorized User to furnish project deliverables as detailed in the Purchase Order.

  • Delivery Points ‌ Project water made available to the Agency pursuant to Article 6 shall be delivered to the Agency by the State at the delivery structures established in accordance with Article 10.

  • Title and Risk of Loss Notwithstanding the form of shipment, title or other property interest, risk of loss shall not pass from the Contractor to the Authorized User until the Products have been received, inspected and accepted by the receiving entity. Acceptance shall occur within a reasonable time or in accordance with such other defined acceptance period as may be specified in the Bid Specifications or Purchase Order. Mere acknowledgment by Authorized User personnel of the delivery or receipt of goods (e.g., signed xxxx of lading) shall not be deemed or construed as acceptance of the Products received. Any delivery of Product that is substandard or does not comply with the Bid Specifications or Contract terms and conditions, may be rejected or accepted on an adjusted price basis, as determined by the Commissioner.

  • 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.

  • Delivery Location All Goods shall be delivered to the address specified in this Order (the "Delivery Location") during Buyer's normal business hours or as otherwise instructed by Buyer.

  • Delivery and Risk of Loss Unless otherwise provided for in advance, all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver.

  • Title to Project Deliverables Contractor acknowledges that it is commissioned by the Authorized User to perform the services detailed in the Purchase Order. Unless otherwise specified in writing in the Bid or Purchase Order, the Authorized User shall have ownership and license rights as follows:

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