Replacement Gas Sample Clauses

Replacement Gas. (a) In this clause: (i) LG Period means a period of time over which an LG Quantity is calculated being a period of not less than 12 Calendar Months; (ii) LG Quantity means the Quantity of Gas that is calculated as follows: (A) the aggregate of the measured Quantities of Gas received into the Network at all Receipt Points; less (B) the aggregate of the measured Quantities of Gas Delivered on behalf of all Network Users to Delivery Points; less (C) any increase (or plus any decrease) in linepack in the Network (as determined by Evoenergy acting reasonably), over an LG Period, as calculated at least 6 Calendar Months after end of that LG Period. (b) Not used. (c) Evoenergy will calculate an LG Quantity on the basis of the available data at the time. (d) Evoenergy may update the LG Quantity at any time to reflect updated data for an LG Period. However, Evoenergy is not obliged to recalculate the LG Quantity for a LG Period once 12 months have elapsed since the end of that LG Period. (e) Evoenergy will procure Replacement Gas equal to: (i) Evoenergy’s forward estimate of the LG Quantity for an LG Period; less (ii) the difference between the Quantities of Replacement Gas Evoenergy has previously procured for any earlier LG Period and the LG Quantity for that LG Period. (f) Evoenergy will procure Replacement Gas on a commercial basis determined by Evoenergy, acting reasonably, which may include (without limitation) any one or a combination of the following: (i) utilising a competitive open tender for the supply and/or haulage of Gas over any period, as reasonably determined by Evoenergy; and (ii) Evoenergy itself producing Replacement Gas, or Procuring Replacement Gas from a Related Body Corporate. (g) Evoenergy will recover all costs of procuring Replacement Gas through the Reference Tariffs in accordance with the provisions of the Access Arrangement, provided that if clause 9.5(f)(ii) applies, the costs will be no greater than the costs which would have applied if Evoenergy had procured the Replacement Gas from a third party. (h) Notwithstanding any other provision of this Agreement, Evoenergy’s obligation under this Agreement to purchase a Quantity of Replacement Gas is subject to and only applies to the extent that Evoenergy has timely access to verified and sufficiently accurate data at each Receipt Point to be able to calculate the LG Quantity.
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Replacement Gas. (a) In this clause: (i) LG Period means a period of time over which an LG Quantity is calculated being a period of not less than 12 Calendar Months; (ii) LG Quantity means the Quantity of Gas that is calculated as follows: (A) the aggregate of the measured Quantities of Gas received into the Network at all Receipt Points; less (B) the aggregate of the measured Quantities of Gas Delivered on behalf of all Network Users to Delivery Points; less (C) any increase (or plus any decrease) in linepack in the Network (as determined by Evoenergy acting reasonably), over an LG Period, as calculated at least 6 Calendar Months after end of that LG Period. (b) Not used.
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Replacement Gas. (a) In this clause: (i) LG Period means a period of time over which an LG Quantity is calculated, being a period of not less than 12 Calendar Months;
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Replacement Gas. (a) In this clause: (i) LG Period means a period of time over which an LG Quantity is calculated being a period of not less than 12 Calendar Months; (ii) LG Quantity means the Quantity of Gas that is calculated as follows: (A) the aggregate of the measured Quantities of Gas received into the Network at all Receipt Points; less (B) the aggregate of the measured Quantities of Gas Delivered on behalf of all Network Users to Delivery Points; less (C) any increase (or plus any decrease) in linepack in the Network (as determined by Evoenergy acting reasonably), over an LG Period, as calculated at least 6 Calendar Months after end of that LG Period. (b) Evoenergy will calculate an LG Quantity on the basis of the available data at the time. (c) Evoenergy may update the LG Quantity at any time to reflect updated data for an LG Period. However, Evoenergy is not obliged to recalculate the LG Quantity for a LG Period once 12 months have elapsed since the end of that LG Period.
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Replacement Gas. Southern's Rights to the Specified Seller's Resources................................................21 6.4 Title and Risk of Loss...............................................................................21
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Replacement Gas. 6.2.1 Within [redacted] after receiving DYPM's Schedule for the next Day under Section 6. 1.1 (but no earlier than [redacted], Southern shall notify DYPM (either telephonic or electronic) whether it will cover DYPM's Schedule utilizing Replacement Seller's Resources. If Southern provides notice that it will cover some portion of the Schedule with Replacement Seller's Resources, within [redacted] after receiving such notice by Southern, DYPM shall offer a delivered price (in $/MMBTU) ("Replacement Gas Price") for the amount of Gas (in MMBTU) that would have been required by the Specified Seller's Resources to produce the energy to be served by Replacement Seller's Resources ("Replacement Gas"). Within [redacted] of receiving such price, Southern shall then elect to: (i) treat the price offered by DYPM as the Replacement Gas Price (including for purposes of Section 5.3); or (ii) treat the price offered by DYPM as the Replacement Gas Price (including for purposes of Section 5.3) and require DYPM to cause one of its Affiliates to deliver Replacement Gas at alternate delivery points, provided that Southern shall compensate such Affiliate for the additional actual costs (if any) incurred to deliver to such alternate points in lieu of delivery to the Specified Seller's Resources. In the case of (ii), Southern shall receive and purchase from DYPM's Affiliate, and DYPM shall cause one of its Affiliates to supply and sell to Southern, the Replacement Gas at the Replacement Gas Price, at such alternate delivery point(s) specified by Southern (such transaction to be performed pursuant to another contemporaneous agreement between the Parties). DYPM's Affiliates shall use Commercially Reasonable Efforts to arrange for the delivery to the alternate delivery point(s); provided, however, that Southern bears the risk to the extent the delivery arrangements associated with delivery to Specified Seller's Resources are not adequate for delivering to the alternate delivery point(s). 6.2.2 In the event that DYPM increases the amount of Scheduled Energy (or submits a Schedule where none existed) (such increased amount being referred to as the "Increased Scheduled Energy") for any hour after it has submitted the Schedule for such hour pursuant to the second sentence of Section 6.1 (or after 0900 CPT if no Schedule was submitted), then Southern shall notify DYPM (either telephonic or electronic) whether it will cover DYPM's Schedule utilizing Replacement Seller's Resources. If Sout...
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Related to Replacement Gas

  • Interconnection Facilities 4.1.1 The Interconnection Customer shall pay for the cost of the Interconnection Facilities itemized in Attachment 2 of this Agreement. The NYISO, in consultation with the Connecting Transmission Owner, shall provide a best estimate cost, including overheads, for the purchase and construction of its Interconnection Facilities and provide a detailed itemization of such costs. Costs associated with Interconnection Facilities may be shared with other entities that may benefit from such facilities by agreement of the Interconnection Customer, such other entities, the NYISO, and the Connecting Transmission Owner. 4.1.2 The Interconnection Customer shall be responsible for its share of all reasonable expenses, including overheads, associated with (1) owning, operating, maintaining, repairing, and replacing its own Interconnection Facilities, and

  • Replacements and Replacement Reserve Borrower shall cause Mortgage Borrower to comply with all the terms and conditions set forth in Section 7.3 of the Mortgage Loan Agreement. In the event that, prior to the payment and performance in full of all obligations of Borrower under the Loan Documents, (1) (i) Mortgage Borrower is required to maintain the Replacement Reserve Fund pursuant to the terms of Section 7.3 of the Mortgage Loan Agreement, but Mortgage Lender waives such requirement, (ii) Mortgage Borrower is no longer required pursuant to the terms of the Mortgage Loan Agreement to maintain the Replacement Reserve Fund or (iii) the Mortgage Loan has been repaid in full, and (2) (i) Mezzanine A Borrower is required to maintain the Replacement Reserve Fund pursuant to the terms of Section 7.3 of the Mezzanine A Loan Agreement, but Mezzanine A Administrative Agent waives such requirement, (ii) Mezzanine A Borrower is no longer required pursuant to the terms of the Mezzanine A Loan Agreement to maintain the Replacement Reserve Fund (other than as expressly contemplated under the terms of the Mezzanine A Loan Agreement) or (iii) the Mezzanine A Loan has been repaid in full, then (A) Administrative Agent shall have the right to require Borrower to establish and maintain a reserve account that would operate in the same manner as the Replacement Reserve Fund pursuant to Section 7.3 of the Mortgage Loan Agreement, and (B) the provisions of Section 7.3 of the Mortgage Loan Agreement and all related definitions shall be incorporated herein by reference.

  • Replacement of Lost Investments In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.

  • Interconnection Customer’s Interconnection Facilities The Interconnection Customer shall design, procure, construct, install, own and/or control the Interconnection Customer’s Interconnection Facilities described in Appendix A at its sole expense.

  • Replacement of the L/C Issuer The L/C Issuer may be replaced at any time by written agreement between the Borrower, the Administrative Agent, the replaced L/C Issuer and the successor L/C Issuer. The Administrative Agent shall notify the Lenders of any such replacement of the L/C Issuer. At the time any such replacement shall become effective, the Borrower shall pay all unpaid fees accrued for the account of the replaced L/C Issuer pursuant to Section 2.03(m). From and after the effective date of any such replacement, (i) the successor L/C Issuer shall have all the rights and obligations of an L/C Issuer under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “L/C Issuer” shall be deemed to include such successor or any previous L/C Issuer, or such successor and all previous L/C Issuer, as the context shall require. After the replacement of the L/C Issuer hereunder, the replaced L/C Issuer shall remain a party hereto and shall continue to have all the rights and obligations of an L/C Issuer under this Agreement with respect to Letters of Credit issued by it prior to such replacement, but shall not be required to issue additional Letters of Credit.

  • Interconnection Facility Options The Intercarrier Compensation provisions of this Agreement shall apply to the exchange of Exchange Service (EAS/Local) traffic between CLEC's network and Qwest's network. Where either Party acts as an IntraLATA Toll provider, each Party shall xxxx the other the appropriate charges pursuant to its respective tariff or price lists. Where either Party interconnects and delivers traffic to the other from third parties, each Party shall xxxx such third parties the appropriate charges pursuant to its respective tariffs, price lists or contractual offerings for such third party terminations. Absent a separately negotiated agreement to the contrary, the Parties will directly exchange traffic between their respective networks without the use of third party transit providers.

  • Purpose of Interconnection Facilities Except as may be required by Applicable Laws and Regulations, or as otherwise agreed to among the Parties, the Interconnection Facilities shall be constructed for the sole purpose of interconnecting the Large Generating Facility to the Participating TO’s Transmission System and shall be used for no other purpose.

  • Interconnection Facilities Engineering Procurement and Construction Interconnection Facilities, Network Upgrades, and Distribution Upgrades shall be studied, designed, and constructed pursuant to Good Utility Practice. Such studies, design and construction shall be based on the assumed accuracy and completeness of all technical information received by the Participating TO and the CAISO from the Interconnection Customer associated with interconnecting the Large Generating Facility.

  • Replacement of Banks If (i) any Bank requests compensation under Section 13.3, (ii) the obligation of any Bank to make SOFR Loans or continue Loans as SOFR Loans has been suspended pursuant to Section 13.4, (iii) Borrower is required to pay any Indemnified Taxes or additional amounts to any Bank or any Governmental Authority for the account of any Bank pursuant to Section 13.5 and, in each case, such Bank has declined or is unable to designate a different lending office in accordance with Section 13.7(a), or (iv) any Bank is a Defaulting Bank or a Non-Consenting Bank, then Borrower may, at its sole expense and effort, upon notice to such Bank and Administrative Agent, require such Bank to assign and delegate, without recourse (in accordance with and subject to the restrictions contained in, and consents required by, Section 14.8), all of its interests, rights (other than its existing rights to payments pursuant to Section 13.3 or Section 13.5) and obligations under this Agreement and the related Loan Papers to an eligible assignee that shall assume such obligations (which assignee may be another Bank, if a Bank accepts such assignment); provided that: (i) Borrower shall have paid to Administrative Agent the assignment fee (if any) specified in Section 14.8; (ii) such Bank shall have received payment of an amount equal to the outstanding principal of its Loans and participations in Letter of Credit Exposure, accrued interest thereon, accrued fees and all other amounts payable to it hereunder and under the other Loan Papers (including any amounts under Section 3.3) from the assignee (to the extent of such outstanding principal and accrued interest and fees) or Borrower (in the case of all other amounts); (iii) in the case of any such assignment resulting from a claim for compensation under Section 13.3 or payments required to be made pursuant to Section 13.5, such assignment will result in a reduction in such compensation or payments thereafter; (iv) in the case of any such assignment resulting from the suspension of an obligation to make SOFR Loans or continue Loans as SOFR Loans under Section 13.4, such assignment will result in a resumption of such obligation in whole or in part; (v) such assignment does not conflict with applicable Law; and (vi) in the case of any assignment resulting from a Bank becoming a Non-Consenting Bank, the applicable assignee shall have consented to the applicable amendment, waiver or consent. A Bank shall not be required to make any such assignment or delegation if, prior thereto, as a result of a waiver by such Bank or otherwise, the circumstances entitling Borrower to require such assignment and delegation cease to apply. Notwithstanding the foregoing, a Bank shall not be required to make any such assignment and delegation if such Bank is a Secured Hedge Provider with any outstanding Hedge Transaction with any Credit Party (to the extent obligations under such Hedge Transactions constitute Obligations), unless on or prior thereto, all such Hedge Transactions have been terminated or novated to another Person and such Bank (or its Affiliate) shall have received payment of all amounts, if any, payable to it in connection with such termination or novation. If any Bank refuses, pursuant to the previous sentence, to make any such assignment and delegation, such Bank shall give all reasonable cooperation to Borrower to effect such termination or novation of such Hedge Transactions.

  • Replacement Parts Replacement parts for goods purchased by Buyer are for the purpose of this Section defined as “Parts” (and are also considered “goods” under this Order). Unless specified otherwise by Buyer in writing, Supplier shall provide Parts (or upon Buyer’s written consent, an alternative replacement part that provides the same form, fit and function as the Part(s)) for a period of twenty (20) years after production of the goods (into which the applicable Parts are incorporated) ceases. Supplier shall continue to supply such Parts past the twenty (20) year period if Buyer orders at least twenty (20) Parts per year during such twenty-year period. The prices for any Parts purchased in the first two (2) years of the twenty-year period shall not exceed those prices in effect at the time production of the goods ceases, and no set up charges shall be permitted by Supplier or paid by Xxxxx during this two-year period. Thereafter, the prices for Parts shall be negotiated based on Supplier’s actual cost of production of such Parts plus any special packaging costs. No minimum order requirements shall apply unless the parties mutually agree in advance. After the end of the twenty-year period, Supplier shall continue to maintain in good working condition all Supplier-owned tooling required to produce the Parts and shall not dispose of such tooling without offering Buyer the right of first refusal to purchase such tooling.

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