Restrictions on Shading Sample Clauses

Restrictions on Shading. Parties agree that the Judicial Council shall make good faith efforts to avoid activities which result in overshadowing or shading of the PV System in a manner that would prevent Contractor from meeting its obligations under this SPPA. In the event the Judicial Council activities result in the PV System being overshadowed in a manner which prevents Contractor from meeting its EEP on an annualized basis, the Judicial Council will make all reasonable efforts to resolve the shading issue. If that is not possible, the Parties will proceed as described in Section 12.3 Demand Reduction of this Exhibit B. Contractor shall provide and justify data verifying the actual loss of generation that occurred due to shading. At the Judicial Council’s request, Parties may agree to make reasonable efforts to relocate the PV System at the Judicial Council’s cost to a mutually agreeable location. If the Parties cannot agree on an alternative location for the PV System, then the Parties agree that at the Judicial Council’s option, the Judicial Council may terminate this SPPA, in which case Contractor shall remove the PV System pursuant to Section 11.1 of the SLA, and subsequent to such removal and restoration of the Licensed Area the Judicial Council shall pay any actual damages that may be required pursuant to Section 14 of the SLA.
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Restrictions on Shading. Customer shall not cause, and shall use all reasonable efforts to prevent other parties from causing, any construction, landscaping or other activities to overshadow or shade the System in a manner that would reduce the amount of electricity the System generates per year by 0.5% or more.
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Restrictions on Shading. Parties agree that HOST shall make good faith efforts to avoid activities which result in overshadowing or shading of the System in a manner that would prevent CONTRACTOR from meeting its obligations under this SPPA. In the event that HOST activities result in the System being overshadowed in a manner which prevents CONTRACTOR from meeting its EEP on an annualized basis, HOST agrees to resolve the shortage as described in Section 9.5. CONTRACTOR shall provide and justify data verifying the actual loss of generation that occurred due to shading. At HOST’s request, Parties may agree to make reasonable efforts to relocate the System at HOST’s cost to a mutually agreeable location. If the Parties cannot agree on an alternative location for the System, then the Parties agree that at HOST’s option, HOST may terminate this SPPA, in which case CONTRACTOR shall remove the System pursuant to Section 11.1 of the SLA, and subsequent to such removal and restoration of the Licensed Area HOST shall pay any actual damages that may be due in accordance with Section 14.1.2 of the SLA.‌
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Restrictions on Shading. UNIVERSITY will make all good faith efforts to avoid activities which result in overshadowing or shading of the System in a manner that would prevent LICENSEE from meeting the Expected Electricity Output as described in Exhibit 2, Attachment 16. In the event that UNIVERSITY’s activities result in the System being overshadowed in manner that causes the System to produce less than 95 percent of the Expected Production Output on a kWh basis over any twelve (12) month period, UNIVERSITY agrees to pay “in- lieu” fees up to the Expected Performance Output as described in Section 11.1.1 above for the duration of the period for which the shadowing occurs. LICENSEE shall provide and justify data verifying the actual loss of generation that occurred due to shading. UNIVERSITY shall not be required to pay such in-lieu fees unless LICENSEE demonstrates to UNIVERSITY’s satisfaction that the loss in generation is due to shading attributable to the UNIVERSITY’s actions. Notwithstanding any other provision of this SPPA, the Parties agree that if UNIVERSITY’s actions result in shadowing of the System such that the System produces less than 80 percent of the Expected Performance Output, the Parties shall make every effort to relocate the System to a mutually agreeable location. If the Parties cannot agree on an alternative location for the System, then LICENSEE will be entitled to a Termination Fee pursuant to Section 12, “Permanent Shutdown of the System at the Facility” and Exhibit 2 Attachment 16. The Parties agree that shading resulting from actions outside of the control of UNIVERSITY shall not give rise to the remedies provided for in this Section.
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Related to Restrictions on Shading

  • Restrictions on Resale The Awardee agrees not to sell any Shares at a time when Applicable Laws, Company policies, or an agreement between the Company and its underwriters prohibit a sale. This restriction shall apply as long as the Awardee is a Service Provider and for such period after the Awardee's Termination of Service as the Administrator may specify.

  • Restrictions on Use Licensee is not permitted to make any use of the Licensed Marks in connection with products or services other than the Sprint PCS Products and Services, and as specifically authorized in Sections 1.1(b) above with respect to Related Equipment and Premium and Promotional Items, nor to make any use of the Licensed Marks directed outside of the Service Area.

  • Restrictions on Testing If the Engineer will perform commercial laboratory testing under this contract, on any project the Engineer may not perform more than one of the following types of testing:

  • Restrictions on Transfers (a) Except as provided in Section 4.8(e), notwithstanding the other provisions of this Article IV, no transfer of any Partnership Interests shall be made if such transfer would (i) violate the then applicable federal or state securities laws or rules and regulations of the Commission, any state securities commission or any other governmental authority with jurisdiction over such transfer, (ii) terminate the existence or qualification of the Partnership under the laws of the jurisdiction of its formation, or (iii) cause the Partnership to be treated as an association taxable as a corporation or otherwise to be taxed as an entity for federal income tax purposes (to the extent not already so treated or taxed). The Partnership may issue stop transfer instructions to any Transfer Agent in order to implement any restriction on transfer contemplated by this Agreement.

  • Restrictions on Trading I understand that You may, in Your discretion, prohibit or restrict the trading of securities, or the substitution of securities, in any of My accounts. I understand that You may execute all orders by Me on any exchange or market, unless I specifically instruct You to the contrary.

  • Restrictions on Copying You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.

  • Restrictions on Lobbying The subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government.

  • Restrictions on Holders Each Holder agrees by acquisition of a Transfer Restricted Security that, upon receipt of the notice referred to in Section 6(c)(iii)(C) or any notice from the Company of the existence of any fact of the kind described in Section 6(c)(iii)(D) hereof (in each case, a "SUSPENSION NOTICE"), such Holder will forthwith discontinue disposition of Transfer Restricted Securities pursuant to the applicable Registration Statement until (i) such Holder has received copies of the supplemented or amended Prospectus contemplated by Section 6(c)(iv) hereof, or (ii) such Holder is advised in writing by the Company that the use of the Prospectus may be resumed, and has received copies of any additional or supplemental filings that are incorporated by reference in the Prospectus (in each case, the "RECOMMENCEMENT DATE"). Each Holder receiving a Suspension Notice hereby agrees that it will either (i) destroy any Prospectuses, other than permanent file copies, then in such Holder's possession which have been replaced by the Company with more recently dated Prospectuses or (ii) deliver to the Company (at the Company's expense) all copies, other than permanent file copies, then in such Holder's possession of the Prospectus covering such Transfer Restricted Securities that was current at the time of receipt of the Suspension Notice. The time period regarding the effectiveness of such Registration Statement set forth in Section 3 or 4 hereof, as applicable, shall be extended by a number of days equal to the number of days in the period from and including the date of delivery of the Suspension Notice to the date of delivery of the Recommencement Date.

  • Restrictions on Transfer (a) The Preferred Stock and the Registrable Securities shall not be sold, pledged, or otherwise transferred, and the Company shall not recognize and shall issue stop-transfer instructions to its transfer agent with respect to any such sale, pledge, or transfer, except upon the conditions specified in this Agreement, which conditions are intended to ensure compliance with the provisions of the Securities Act. A transferring Holder will cause any proposed purchaser, pledgee, or transferee of the Preferred Stock and the Registrable Securities held by such Holder to agree to take and hold such securities subject to the provisions and upon the conditions specified in this Agreement.

  • Restrictions on Land transfer 6A Recognising that they are or will be receiving publicly funded land at nil consideration (which for the purposes of this transaction shall include leases granted at a peppercorn rent) the Company:

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