Recall of Capacity Sample Clauses
Recall of Capacity. 13.7.1 If the pro-rata shares of Capacity assignable to a Supplier declines because one or more of the Supplier’s Customers has returned to Default Service, the Company shall have the right, but not the obligation, to recall from the Supplier the pro-rata shares of Capacity previously assigned to the Supplier on behalf of such Customers. The decision on whether to exercise its capacity-recall rights shall be made by the Company in its sole reasonable discretion subject to the conditions set forth in Section 13.7.2. If the Company elects to recall Capacity from a Supplier pursuant to this Section, such recall shall be made on the first Assignment Date following the effective date of the Customer’s return to Default Service. If the Company elects to recall Underground Storage Withdrawal Capacity from the Supplier pursuant to this Section, the Company shall reduce the Underground Storage Capacity associated with the affected Aggregation Pool in accordance with Section 13.8 of these Terms and Conditions. If the Company elects to reduce the MDPQ in the Supplier
Recall of Capacity. UGI, at any time and, if feasible, upon prior notice to Manager, may recall the capacity release to, and receive a storage inventory transfer from, Manager of the Storage Operator’s Inventory Balance associated with any Contract in whole or part if, in UGI's sole judgment, such recall of capacity and storage inventory transfer becomes reasonably necessary due to: (a) an act or omission by Manager which threatens the reliability of UGI’s distribution services or the integrity of UGI's Gas distribution system; (b) an event of Force Majeure, (c) the need to protect UGI's Gas distribution system integrity or (d) the need for UGI to meet its public utility obligations. When UGI recalls storage capacity pursuant to this section, as between UGI and Manager, the storage inventory transfer shall be deemed to occur automatically. All recalls of capacity and storage inventory transfers, however, will be performed in accordance with the tariff requirements of the applicable Storage Operators and Transporters, and to the extent such Storage Operators and Transporters require documentation from Manager to recognize the transfer, UGI may require Manager to execute and deliver to UGI appropriate documentation in advance to facilitate such transfers of storage inventory. If UGI elects to recall released capacity and transfer storage inventories pursuant to subpart (a) of this Section 4.5, then UGI may terminate this Agreement pursuant to Section 20.1 and any Storage Balance Difference shall be reconciled in accordance with Section 9.5 of this Agreement. If UGI elects to recall capacity or transfer the storage inventories pursuant to subparts (b), (c) or (d) of this Section 4.5 then Manager may elect to terminate this Agreement, in which case any Storage Balance Difference shall be reconciled pursuant to Section 20.3 of this Agreement. If Manager does not elect to terminate this Agreement because of a partial recall of capacity or transfer of storage inventories by UGI pursuant to subparts (b), (c) or (d) of this Section 4.5, then the Parties shall negotiate a reasonable reduction in the Administration Fee corresponding to the reduction in The Assets available to Manager.