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
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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.
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Related to Recall 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:

  • Acting Capacity ‌ When an employee is assigned temporarily to a job for which he/she is qualified in a higher pay grade for a period of five (5) days or his/her regular workweek, whichever is less, the employee shall be paid retroactively from the initial date of the temporary transfer for the duration of the temporary assignment. The employee shall be paid as if he/she had been promoted during such assignment. In no event may an employee acquire any status in a higher classification as a result of his/her temporary assignment. Acting capacity assignments shall not be made on an arbitrary or capricious basis. Employees shall not be rotated in acting capacity in an arbitrary or capricious manner in order to avoid payment of acting capacity pay. This Article shall not be used in lieu of the proper processing of any request for reclassification or reallocation of a position pursuant to Article 48, Reclassifications, or the filling of a vacancy pursuant to Article 56, Seniority.

  • 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.

  • Contract Capacity The generation capability designated for the Project shall be the contract capacity in MW designated in the Cover Sheet, net of all auxiliary loads, station electrical uses, and Electrical Losses (the “Contract Capacity”). Throughout the Delivery Term, Seller shall sell and deliver all Product produced by the Project solely to Buyer. In no event shall Buyer be obligated to receive, in any Settlement Interval, any Surplus Delivered Energy. Seller shall not receive payment for any Surplus Delivered Energy. To the extent Seller delivers Surplus Delivered Energy to the Delivery Point in a Settlement Interval in which the Real-Time Price for the applicable PNode is negative, Seller shall pay Buyer an amount equal to the Surplus Delivered Energy (in MWh) during such Settlement Interval, multiplied by the absolute value of the Real-Time Price per MWh for such Settlement Interval.]

  • WITHDRAWAL OF CAPITAL No Member may withdraw all or any part of its Capital Contribution except with the unanimous consent of the mangers or as provided in Article III (regarding distributions generally) or Article VIII (regarding dissolution of the Company).

  • 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.

  • Financial Capacity Investor currently has the financial capacity to meet its obligations to the Company hereunder, and the Investor has no present knowledge of any circumstances which could cause it to become unable to meet such obligations in the future.

  • INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract. The CONTRACTOR and his or her employees or agents performing under this contract are not employees or agents of the AGENCY. The CONTRACTOR will not hold himself/herself out as or claim to be an officer or employee of the AGENCY or of the State of Washington by reason hereof, nor will the CONTRACTOR make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with the CONTRACTOR.

  • Legal Capacity All parties to the Mortgage Note and the Mortgage had legal capacity to enter into the Mortgage Loan and to execute and deliver the Mortgage Note and the Mortgage, and the Mortgage Note and the Mortgage have been duly and properly executed by such parties. The Mortgagor is a natural person;

  • Independent Capacity of Contractor The Contractor and Contractor Parties shall act in an independent capacity and not as officers or employees of the state of Connecticut or of the Agency.

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