Right to Control Production and Curtailment Sample Clauses

Right to Control Production and Curtailment. CUSA reserves the right, acting as a prudent operator, to limit, curtail or shut-in production (collectively referred to as "curtail or curtailment") of Committed Gas from any well or xxxxx if it determines that curtailment is warranted as a result of any mechanical, engineering, legal, title, or other field or well condition. CUSA also reserves the right to curtail production of Committed Gas from any well or xxxxx if it concludes such action is warranted due to prevailing market prices for natural gas. In the event CUSA desires to curtail production of Committed Gas, CUSA shall give NGC written notice of such action no later than the tenth Business Day before the first Day of the Month of delivery. CUSA's notice shall set forth the quantity of Committed Gas to be curtailed, the Source of Supply and Delivery Point(s) affected and the estimated duration of the curtailment. CUSA shall not curtail the production of Committed Gas if the Gas has been designated in CUSA's Availability Report as available for delivery to NGC unless such curtailment is the result of an event of force majeure as defined in Article IX below. Any curtailment of Committed Gas after such gas has been designated as available in the absence of an event of force majeure may subject CUSA to Deficiency Keep Whole Payments pursuant to Section 4.8 below. CUSA shall be entitled to reduce the period of curtailment by submitting a revised Availability Report in accordance with Section 2.2.1 above.
Sample 1
AutoNDA by SimpleDocs
Right to Control Production and Curtailment. Seller or Seller Affiliate reserves the right, acting as a prudent operator, at any time to limit, curtail or shut-in production of Committed Gas from any well or wellx (xxllectively referred to as "curtail or curtailment"), but not to sell such production to any party other than Purchaser, if Seller or its operator or Seller Affiliate or its operator determines that curtailment is warranted as a result of any mechanical, engineering, legal, title, or other field or well condition. Seller or Seller Affiliate also reserves the right to curtail production of Committed Gas from any well or wellx xx Seller or Seller Affiliate concludes such action is warranted based on prevailing market prices for natural gas or other commodities. Seller shall use its best efforts to give purchaser advance written notice of curtailment for economic reasons. If Seller or Seller Affiliate deems it prudent to curtail production of Committed Gas, Seller shall give Purchaser written notice in the FOM Availability Report or Operator Control Report. Seller's notice hereunder shall set forth the quantity of Committed Gas to be curtailed, the Delivery Point(s) affected and the estimated duration of the curtailment.
Sample 1
Right to Control Production and Curtailment. Producer reserves the right, acting as a prudent operator, to limit, curtail or shut-in production (collectively referred to as "curtail or curtailment") of Committed Gas from any well or xxxxx if it determines that curtailment is warranted as a result of any mechanical, engineering, legal, title, or other field or well condition. Producer also reserves the right to curtail production of Committed Gas from any well or xxxxx if it concludes such action is warranted due to prevailing market prices for natural gas. In the event Producer desires to curtail production of Committed Gas, Producer shall give Dynegy written notice in the Availability Report, of such action, no later than the tenth Business Day before the first day of the month of delivery. Producer's notice shall set forth the quantity of Committed Gas to be curtailed, the Source of Supply and Delivery Point(s) affected and the estimated duration of the curtailment. In the absence of mutual agreement to the contrary, Producer shall not for economic reasons curtail the production of Committed Gas from any Source of Supply if the gas has been designated in Producer's Initial Availability Report as available for delivery to Dynegy. Producer shall be entitled to reduce the period of curtailment by submitting a revised Availability Report in accordance with Section 2.2.1 above.
Sample 1

Related to Right to Control Production and Curtailment

  • Right to Conduct Activities The Company hereby agrees and acknowledges that ARCH, Flagship, Xxxxxxxxx and each Fidelity Investor (together with their respective Affiliates) each is a professional investment fund (each a “Fund”) and The Board of Regents, on behalf of UTMDACC, is an entity that has many opportunities to invest in entities, and as such invests in numerous portfolio companies, some of which may be deemed competitive with the Company’s business (as currently conducted or as currently propose to be conducted). The Company hereby agrees that, to the extent permitted under applicable law, neither any Fund nor The Board of Regents, on behalf of UTMDACC, shall be liable to the Company for any claim arising out of, or based upon, and shall not be restricted in any way from engaging in, directly or indirectly, (i) an investment by such Fund or The Board of Regents, on behalf of UTMDACC, in any entity competitive with the Company, or (ii) actions taken by any partner, officer or other representative or Affiliate of such Fund or The Board of Regents, on behalf of UTMDACC to assist any such competitive company, whether or not such action was taken as a member of the board of directors of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company; provided, however, subject to Section 6.15, that the foregoing shall not relieve (x) any of the Investors from liability associated with the unauthorized disclosure of the Company’s confidential information obtained pursuant to this Agreement, or (y) any director or officer of the Company from any liability associated with his or her fiduciary duties to the Company.

  • Quality of Services Subject to Section 1.3, Provider shall perform each of the Services (i) in a workmanlike and professional manner, (ii) with the same degree of care as it exercises in performing its own functions of a like or similar nature, (iii) utilizing individuals of suitable experience, training and skill, and (iv) in a timely manner in accordance with the provisions of this Services Agreement.

  • Parties to Contract Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.

  • Exclusivity of Services The Subadviser shall devote its best efforts and such time as it deems necessary to provide prompt and expert service to Client and the Fund. The services of Subadviser to be provided hereunder are not to be deemed exclusive and Subadviser shall be free to provide similar services for its own account and the accounts of other persons and to receive compensation for such services. Client acknowledges that Subadviser and its Affiliates and Subadviser's other clients may at any time, have, acquire, increase, decrease or dispose of positions in the same investments which are at the same time being held, acquired for or disposed of under this Agreement for the Fund. Subadviser shall have no obligation to acquire or dispose of a position in any investment pursuant to this Agreement simply because Subadviser, its directors, members, Affiliates or employees invest in such a position for its or their own accounts or for the account of another client.

  • Performance of Services in Accordance with Regulatory Requirements; Furnishing of Books and Records In performing the services set forth in this Agreement, the Manager:

  • Paper Notice to Contract Owners The Company shall be responsible for providing to its Contract Owners a paper Notice that meets the conditions of paragraphs (c) and (d) of Rule 30e-3.

  • Freedom to Contract The Executive represents that he is free to enter into this Agreement and carry out his obligations hereunder without any conflict with any prior agreements, and that he has not made and will not make any agreement in conflict with this Agreement.

  • Litigation and Regulatory Cooperation During and after the Executive’s employment, the Executive shall cooperate fully with the Company in the defense or prosecution of any claims or actions now in existence or which may be brought in the future against or on behalf of the Company which relate to events or occurrences that transpired while the Executive was employed by the Company. The Executive’s full cooperation in connection with such claims or actions shall include, but not be limited to, being available to meet with counsel to prepare for discovery or trial and to act as a witness on behalf of the Company at mutually convenient times. During and after the Executive’s employment, the Executive also shall cooperate fully with the Company in connection with any investigation or review of any federal, state or local regulatory authority as any such investigation or review relates to events or occurrences that transpired while the Executive was employed by the Company. The Company shall reimburse the Executive for any reasonable out-of-pocket expenses incurred in connection with the Executive’s performance of obligations pursuant to this Section 7(f).

  • Notice to Customers Pershing shall, upon the opening of an account pursuant to Paragraph 5 of this Agreement, mail to each customer a copy of the notice to customers required by NYSE Rule 382(c).

  • Agreement with Respect to Safekeeping Business The Receiver transfers, conveys and delivers to the Assuming Institution and the Assuming Institution accepts all securities and other items, if any, held by the Failed Bank in safekeeping for its customers as of Bank Closing. The Assuming Institution assumes and agrees to honor and discharge, from and after Bank Closing, the duties and obligations of the Failed Bank with respect to such securities and items held in safekeeping. The Assuming Institution shall be entitled to all rights and benefits heretofore accrued or hereafter accruing with respect thereto. The Assuming Institution shall provide to the Receiver written verification of all assets held by the Failed Bank for safekeeping within sixty (60) days after Bank Closing. The assets held for safekeeping by the Failed Bank shall be held and maintained by the Assuming Institution in the trade area of the Failed Bank for a minimum of one year from Bank Closing. At the option of the Assuming Institution, the safekeeping business may be provided at any or all of the Bank Premises, or at other premises within such trade area. The trade area shall be determined by the Receiver. Fees related to the safekeeping business earned prior to the Bank Closing Date shall be for the benefit of the Receiver and fees earned after the Bank Closing Date shall be for the benefit of the Assuming Institution.

Time is Money Join Law Insider Premium to draft better contracts faster.