Reliability of Service. Congress, the Pueblos, the County, and potential customers of the RWS have a common interest in reliable service. The draft JPA and other agreements attempt to achieve this common interest in the following, among other, ways:
a. Easements and rights of way for the RWS – whether acquired from the United States, a Pueblo, the County, or private landowners – are required to last “for so long as required for construction, use, operation, maintenance, repair and replacement of the [RWS].” (Cost-Sharing Agreement, Section 2.3.)
b. The United States, Pueblos, and County are required to grant easements and rights of way for the RWS at no cost. (Cost-Sharing Agreement, Section 2.3.)
c. In the current draft of the JPA the County proposes an integrated water system that is managed by a single operator with authority to provide water throughout the service area, both on and off Pueblo land (JPA, Articles 3 and 14A). Article 14 as proposed by the County would assure that the Authority has access to all lands covered by the system, as necessary for operations, maintenance and repair; it would also provide for the granting of easements by all parties to connect customers to the RWS.
d. County Commissioner and Pueblo de San Xxxxxxxxx director approval is necessary to convey any of the Authority’s assets. (JPA, Article 6.G)
e. Ownership of any portion of the RWS can only be transferred pursuant to a subsequent act of Congress. (Cost-Sharing Agreement, Section 2.4.) Among other things, this means that the parties could not convey the RWS (or their individual systems) to a private utility company, for instance.
f. The JPA does not allow one party to unilaterally withdraw. Instead, agreement by all parties and an act of Congress is required for the JPA to terminate. (JPA, Article 24)
g. The current draft of the JPA proposed by the County would establish an Emergency Fund for unforeseen infrastructure failure, and a Revenue Stability Fund to provide funds in the event of a revenue shortfall, among other potential reserve funds. (JPA, Article 11.G)
Reliability of Service. Seller acknowledges, understands and accepts that the Interconnection Facilities presented under the Scope of Work herein will not provide the same high level of service that would have been provided by installation of the facilities described in the Generation Interconnection Report, Exhibit C, attached hereto and incorporated herein by reference. Seller understands and accepts full responsibility for (a) the increased risk of outages as a result of a reduced Scope of Work, and (b) all risks associated with forced generator outages (full load rejection) caused by planned and unplanned interruptions to Seller's interconnection. Sierra will use best efforts to provide reasonable notice to Seller of planned interruptions that would affect Seller's Project. Seller agrees to hold Sierra harmless for any damages to Seller's plant facilities resulting from the reduced Scope of Work. Seller further acknowledges, understands and accepts that Seller's facilities will be placed at additional risk if Seller elects not to fund the addition of the 1003 breaker and complete the ring bus in the Steamboat Substation at the point when Sierra installs the 161 breaker. Installation of the 161 breaker may occur when the second Steamboat 120/24.9 KV transformer is added or when other substation modifications occur. Sierra shall notify Seller in writing as soon as reasonably practicable when Sierra intends to install the 161 breaker. Seller agrees to hold Sierra harmless for any damages to Seller's plant facilities resulting from Seller's decision to not fund the addition of the 1003 breaker. Seller further acknowledges, understands and accepts that any future plant additions or expansions, beyond the current Power Purchase Agreements, will require Seller to add the 1003 breaker, two 120 KV switches and complete the ring bus in the Steamboat Substation. This will be a requirement whether or not Sierra has added the 161 breaker in Steamboat Substation, as shown in Exhibit A.
Reliability of Service. To submit annually to the Board a report on service reliability and any remedial action taken.
Reliability of Service. Congress, the Pueblos, the County, and potential customers of the RWS have a common interest in reliable service. The draft JPA and other agreements attempt to achieve this common interest in the following, among other, ways:
a. Easements and rights of way for the RWS – whether acquired from the United States, a Pueblo, the County, or private landowners – are required to last “for so long as required for construction, use, operation, maintenance, repair and replacement of the [RWS].” (Cost-Sharing Agreement, Section 2.3.)
b. The United States, Pueblos, and County are required to grant easements and rights of way for the RWS at no cost. (Cost-Sharing Agreement, Section 2.3.)
c. County and Pueblo de San Xxxxxxxxx director approval is necessary to convey any of the Authority’s assets. (JPA, Article 6.G.)
d. Ownership of any portion of the RWS can only be transferred pursuant to a subsequent act of Congress. (Cost-Sharing Agreement, Section 2.4.) Among other things, this means that the parties could not convey the RWS (or their individual systems) to a private utility company, for instance.
e. The JPA does not allow one party to unilaterally withdraw. Instead, agreement by all parties and an act of Congress is required for the JPA to terminate. (JPA, Article 24.)
Reliability of Service. Arvig provides connectors that interact with third-party applications whose vendors Arvig may or may not have a commercial or contractual relationship with. Arvig continuously monitors the working condition of these connectors and is committed to resolving any issues that may arise from a vendor changing the login procedure of its application. You understand that Arvig is not liable and cannot be held responsible for any changes in third-party applications and interoperability can be broken temporarily or permanently. Furthermore, Arvig has no commitments to ensuring the working condition of any custom connectors built by you.
Reliability of Service. The Port will operate and maintain the Water System and the Sewer System in a manner consistent with applicable industry standards and legal requirements in order to provide reliable service to Owner. However, Owner understands and agrees that the Port makes no warranty or guarantee as to pressure, quantity, continuity of service, or otherwise of water supply. The Port shall not be liable for losses or damages arising from a deficiency or failure to provide water or sewer service due to the failure of or accidents involving the Water System or Sewer System or its respective infrastructure or equipment, changes in law, uncontrollable forces, or unforeseen or unavoidable events, which include but are not limited to accidents, system or equipment malfunctions, acts of God, fire, flood, earthquake, other extreme weather event or natural disaster, acts of war, insurrection or riot, physical or legal unavailability of groundwater, litigation preventing performance, or an order of a governmental authority, regulatory agency, or court of competent jurisdiction limiting or preventing performance. In addition, Owner understands and agrees that the Port makes no warranty or guarantee as to continuity of service or otherwise of sewage and wastewater acceptance and treatment by the City of Pasco under the Pasco Interlocal Agreement.
Reliability of Service. Production capacity guaranteed at 9,000 m3/d (Mtoni); 82,000 m3/d (Upper Ruvu); and 180,000 m3/d (Lower Ruvu) by the year 2008. 1,040 kilometers of distribution pipes installed by the year 2008. 26,000 m3/day of collected sewage is treated to meet standards specified in the Lease Contract before discharge.
