SALE OF POWER Sample Clauses

SALE OF POWER. A. Seller agrees to sell and deliver and Company agrees to purchase and accept, subject to the terms and conditions of this Agreement and Schedule SFS-1 such Energy, Capacity and Environmental Attributes as Seller makes available from the Facility at any given time, up to the nameplate rating of the Facility as stated in Article II(B). B. Seller’s kilowatt (“kW”) Facility located at C. The Company’s obligation to purchase and accept such Energy is contingent upon the Seller demonstrating that it meets all applicable requirements of Schedule SFS-1. D. Company shall not be required to take or pay for Energy it is permitted to refuse under the terms of this Agreement, Schedule SFS-1 or any other applicable regulatory requirement.
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SALE OF POWER. Member shall not sell at wholesale any of the electric power and energy delivered to it hereunder by the Agency to any customer of Member or any other entity for resale by that customer or entity, unless it has first given the Agency 60 days written notice of its intent to sell such power and energy. The Agency, after receipt of such notice, shall have 30 days in which to impose limits on the amount of power and energy to be sold or to veto such sale if the sale will jeopardize the Agency’s availability of resources to serve its Participating Members or increase the cost of power and energy to the Agency.
Sample 1
SALE OF POWER. CPSEs enter into Power Purchase Agreement (PPA)/Bulk Power Supply Agreement (BPSA) with each beneficiary for supply of power. As per provisions of BPSA, the payment of bills for supply of power from power stations shall be made by the bulk power customers through a confirmed, revolving, irrevocable Letter of Credit (LC) to be established in favour of CPSEs for an amount equivalent to 105 per cent of their average monthly billing of preceding 12 months. The LC shall be kept valid at all the times during the validity of the agreement and the amount of LC shall be reviewed once in three/six months. Audit reviewed the PPAs/BPSAs, LCs opened by beneficiaries and monthly energy sale bills raised and rebate allowed by CPSEs during the period 2009 to 2014 in respect of all 21 beneficiaries purchasing power from selected power stations and observed as under: 5.1.1 Non-signing/renewal of PPA/BPSA with beneficiaries 5.1.2 Implementation of rebate policy and payment security mechanism
Sample 1
SALE OF POWER. Subject to the provisions of the second paragraph of Article IX, Seller agrees to sell and Buyer agrees to purchase the entire output of Firm Energy, less energy used for generator auxiliaries, from Seller's Facility. Subject to the provisions of the second paragraph of Article IX, Seller shall at all times during the term of this Agreement use its best effort to generate and sell Firm Energy up to 150,000,000 kWh per year at its Facility consistent with satisfying proper maintenance of the Facility, and Prudent Electrical Practice. Both parties agree that they will make all determinations called for herein and carry out all obligations herein, in good faith and in a reasonable manner. Buyer shall pay for deliveries of Firm Energy for the Calendar Year of generation at the Total Rate set forth in Attachment II, except as otherwise provided in this Agreement. However, the number of kilowatt-hours subject to Attachment II rates shall not exceed 150,000,000 in any Calendar Year. Once Seller has delivered in any Calendar Year 150,000,000 kWh which Buyer is obligated to purchase at the Attachment II rates, deliveries to Buyer during any On-Peak Hour shall be purchased at STEON and deliveries to Buyer during any Off-Peak Hour shall be purchased at STEOFF. Any deliveries of Firm Energy during Scheduled STEOFF Hours shall be purchased by Buyer at the STEOFF rate. The 150,000,000 kWh per Calendar Year figure shall be prorated on a daily basis during any partial years. If under Article XI hereof Buyer elects a Special Work Period or an Allowable Work Time that occurs outside of scheduled maintenance hours (collectively a "Work Period Curtailment"), Seller will be deemed to have delivered 410,000 kWh of Firm Energy per day for the duration of the Work Period Curtailment, except for those days during the Work Period Curtailment on which Seller actually delivers more than 410,000 kWh of Firm Energy, in which case Seller will be credited for that day with its actual deliveries for purposes of meeting its minimum delivery requirements under this Article XIII. Any Firm Energy deemed to be delivered under this paragraph will not be paid for by Buyer, or be included in the number of kilowatt hours subject to Attachment II rates, but will qualify toward meeting Seller's minimum delivery requirement under Article XIII. If Buyer is obligated, pursuant to the terms of Article XI, to pay Seller for Firm Energy not actually delivered as a result of a curtailment, interruption or ...
Sample 1
SALE OF POWER o Long term PPA for 650 MW signed with MSEDCL on 24.04. 2012. Another PPA for 300 MW has been finalized with BEST, Mumbai and is expected to be signed shortly. o Construction Power of 4.5 MVA at 33 KV is available from MSEDCL and back-up power of 1.5 MVA is available through DG sets. o Construction water of 500m3/day is available at site from Sinnar Taluka Industrial Cooperative Estate (XXXXX).
Sample 1
SALE OF POWER. A. Seller agrees to sell and deliver and Company agrees to purchase and accept, subject to the terms and conditions of this Agreement and Schedule SFS-1 such Energy, Capacity and Environmental Attributes as Seller makes available from the Facility at any given time, up to the nameplate rating of the Facility as stated in Article II(B). B. Seller’s kilowatt (“kW”) Facility located at C. The Company’s obligation to purchase and accept such Energy is contingent upon the Seller demonstrating that it meets all applicable requirements of Schedule SFS-1. D. Company shall not be required to take or pay for Energy it is permitted to refuse under the terms of this Agreement, Schedule SFS-1 or any other applicable regulatory requirement. E. Company shall be responsible for any and all third-party costs incurred by either Company or Seller related to the certification and transfer of Environmental Attributes from Seller to Buyer. Company will not pay Seller for any internal administrative costs of Seller incurred in satisfying Seller’s obligations related to certification and transfer of Environmental Attributes.
Sample 1
SALE OF POWER. 3.1 District will sell initially a substantial amount of power to Company hereunder, and it is contemplated by the parties that they will from time to time arrange for other sales of power from one to the other in such amounts and for such periods as will be consistent with orderly development of their respective systems and assurance of adequate power supply to the territories served. It is contemplated that arrangements for such inter-system power sales will be incorporated in service schedules which, upon their execution by authorized representatives of the parties, shall be parts of this agreement for the periods which they respectively cover. 3.2 The following service schedules providing for sale and purchase of power are hereby made a part of this agreement: Service Schedule A -- Long-term Sale of Power by District to Company. Service Schedule B -- Sale of 12,000 Kilowatts by District to Com- 4 pany (continuing until June 1, 1961). Service Schedule C -- Sale of 40,000 Kilowatts by District to Company (continuing from early 1958 to early 1960).
Sample 1
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Related to SALE OF POWER

  • Exercise of power 16.5.1 The failure, delay, relaxation or indulgence by a party in exercising a power or right under this agreement is not a waiver of that power or right. 16.5.2 An exercise of a power or right under this agreement does not preclude a further exercise of it or the exercise of another right or power.

  • Purchase and Sale of Property Seller hereby agrees to sell, and Buyer hereby agrees to acquire, upon the terms and conditions herein stated, that certain portfolio of Properties listed on Schedule 1 attached hereto and more particularly described in Exhibits A-1 to A-16 attached hereto (individually and collectively, the “Real Property”), together with: (a) All buildings, improvements and other structures presently located on the Real Property (the “Improvements”), provided, however, that “Improvements” shall not include any fixtures or other improvements owned by “Tenants” (as hereinafter defined); (b) All personal property (excluding cash and software) owned by Seller, if any, located in or on, and used exclusively in connection with the operation of, the Real Property or the Improvements (the “Personal Property”); (c) Any and all of Seller’s right, title and interest in and to the leases, licenses and occupancy agreements covering all or any portion of the Real Property or Improvements (the “Leases”), including any guaranties thereof and any security deposits thereunder in Seller’s possession at “Closing” (as hereinafter defined); and (d) Any and all of Seller’s right, title and interest in and to any of the following existing at the Closing (the “Intangibles”): (i) subject to Paragraph 3(a)(v), all assignable contracts and agreements and utility contracts (the “Operating Agreements”) relating to the leasing, operation, maintenance or repair of the Real Property, Improvements or Personal Property; (ii) all assignable warranties and guaranties issued to Seller in connection with the Improvements or the Personal Property; (iii) all assignable permits, licenses, approvals and authorizations issued by any governmental authority in connection with the Real Property; (iv) all assignable drawings, plans, building permits, surveys and certificates of occupancy relating to the Real Property or the Personal Property, if any; and (v) all assignable trademarks, trade names and websites relating to the Real Property, if any. The Real Property, Improvements, Personal Property, Leases and Intangibles are collectively referred to hereinafter for a specific property as a “Property” and collectively as the “Properties”.

  • SALE OF PROPERTY If the Premises is sold, the Tenant is to be notified of the new Owner, and if there is a new Manager, their contact details for repairs and maintenance shall be forwarded. If the Premises is conveyed to another party, the new owner: (check one)

  • Sale of Properties The Borrower will not, and will not permit any of the Guarantors to, sell, assign, farm-out, convey or otherwise transfer any Property except for: (a) the sale of Hydrocarbons in the ordinary course of business; (b) farmouts of undeveloped acreage and assignments in connection with such farmouts; (c) the sale or transfer of equipment that is no longer necessary for the business of the Borrower or such Subsidiary or is replaced by equipment of at least comparable value and use; (d) sales or other dispositions (excluding Casualty Events) of Oil and Gas Properties or any interest therein or Subsidiaries owning Oil and Gas Properties; provided that (i) 100% of the consideration received in respect of such sale or other disposition shall be cash and/or publicly traded securities, (ii) the consideration received in respect of such sale or other disposition shall be equal to or greater than the fair market value of the Oil and Gas Property, interest therein or Subsidiary subject of such sale or other disposition (as reasonably determined by the board of directors of the Borrower and, if requested by the Administrative Agent, the Borrower shall deliver a certificate of a Responsible Officer of the Borrower certifying to that effect), (iii) if such sale or other disposition of Oil and Gas Property or Subsidiary owning Oil and Gas Properties included in the most recently delivered Reserve Report during any period between two successive Scheduled Redetermination Dates has a fair market value (as determined by the Administrative Agent), individually or in the aggregate, in excess of $5,000,000, the Borrowing Base shall be reduced, effective immediately upon such sale or disposition, by an amount equal to the value, if any, assigned such Property as determined by the Required Lenders assigned such Property in the most recently delivered Reserve Report and (iv) if any such sale or other disposition is of a Subsidiary owning Oil and Gas Properties, such sale or other disposition shall include all the Equity Interests of such Subsidiary; and (e) sales and other dispositions of Properties not regulated by Section 9.12(a) to (d) having a fair market value not to exceed $250,000 during any 12-month period.

  • Sale of Trust Business The Purchasers shall be permitted to assign this Agreement to any person acquiring all or substantially all of the corporate trust business of the Purchasers (or all or substantially all of the assets thereof or any entities owning such business or assets), whether structured as an asset sale, merger, change of control or otherwise, subject to the prior consent of the Sellers; provided, that such consent shall not be unreasonably withheld, conditioned or delayed if the Sellers have reasonable assurance that such person acquiring all or substantially all of the corporate trust business (a) will have (either by itself or through its Affiliates) credit ratings, capitalization and creditworthiness no less than those of Purchasers (taking into account the guaranty provided by Guarantor pursuant to Section 9.5), (b) will provide a level of service quality no less than the service quality provided by the Purchasers, (c) will pose no greater regulatory or reputational risks than the Purchasers and (d) will agree to use reasonable best efforts to obtain the Authorizations required to Transfer the Serviced Appointments to such person on terms and conditions that are no less favorable to the Sellers than the obligations of the Purchasers set forth in the Purchase Agreement with respect to such Transfers.

  • Exercise of Powers All of the powers, remedies and rights of the Collateral Agent as set forth in this Agreement may be exercised by the Collateral Agent in respect of any Security Document as though set forth in full therein and all of the powers, remedies and rights of the Collateral Agent as set forth in any Security Document may be exercised from time to time as herein and therein provided.

  • Purchase and Sale of Products (a) Pursuant to Purchase Orders issued by MLNA/MLMX, Supplier shall sell and deliver to MLNA/MLMX, and MLNA/MLMX shall purchase from Supplier, Products specified in Purchase Orders. Such purchases and sales shall be for Products and Prices set forth on Schedule A. Any Affiliate of MLNA/MLMX shall also be entitled to issue Purchase Orders and purchase Products from Supplier under the terms of this Agreement. Only the specific MLNA/MLMX Party issuing a Purchase Order will be liable to Supplier for obligations in connection with a Purchase Order. Neither MLNA or MLMX or any Affiliate of either of them will be liable to Supplier for any obligations of any other MLNA/MLMX Party or Affiliate. (b) During the term hereof, MLNA/MLMX may, but shall not be required to, provide Supplier with estimates or forecasts of MLNA/MLMX´s requirements for Products from Supplier. Any forecasts or estimates are for information purposes only and may be modified by MLNA/MLMX at any time and in its sole discretion. Any product quantities cited in or pursuant to this Agreement, except for quantities cited in a Purchase Order as firm, are preliminary and non-binding only. MLNA/MLMX makes no representation, warranty or agreement as to the quantity of products that it will purchase from Supplier, if any, or that MLNA/MLMX will buy Products exclusively from Supplier. (c) MLNA/MLMX shall issue Purchase Orders to Supplier and Supplier shall confirm to MLNA/MLMX the receipt of each Purchase Order issued hereunder (each, a "Confirmation") within [NUMBER] Business Days following Supplier's receipt thereof. Each Confirmation must reference MLNA/MLMX's Purchase Order number and confirm acceptance of the Purchase Order unless Supplier timely advises MLNA/MLMX that Supplier is unwilling to accept any terms or conditions in the applicable Purchase Order that conflict with the terms and conditions of this Agreement. If Supplier fails to issue a Confirmation within the time set forth above or otherwise commences performance under such Purchase Order, Supplier will be deemed to have accepted the Purchase Order. MLNA/MLMX may withdraw any Purchase Order prior to Supplier's acceptance (or deemed acceptance) thereof. (d) MLNA/MLMX may, in its sole discretion, on notice to Supplier, without liability or penalty, terminate all or any part of a Purchase Order with or without cause effective immediately or otherwise as specified in such notice. Upon any such termination, Supplier shall immediately cease work and purchasing materials relating to fulfilling the Purchase Order, and deliver to MLNA/MLMX on request all or any portion of Products under the relevant Purchase Order at the Prices. (e) MLNA/MLMX may, on notice to Supplier, request changes to a Purchase Order. On or before the second Business Day after receiving the request, Supplier shall submit to MLNA/MLMX its good faith description of the impact of such changes on the Basic Purchase Order Terms. MLNA/MLMX may then submit an amended Purchase Order reflecting all MLNA/MLMX-accepted changes.

  • Purchase and Sale of Acquired Assets On the Closing Date but effective as of the Effective Date, each Seller shall sell, transfer, deliver, convey and assign to Purchaser, and Purchaser shall purchase, acquire, and accept from such Seller, upon the terms and conditions stated herein, all of such Seller’s right, title and interest in and to the following: (a) All hardware, third-party software licenses, documentation, third-party trademark licenses, fixtures, furniture, equipment and other assets of such Seller, in each case, which is necessary to satisfy such Seller’s obligations under the Assumed Contracts, as identified on Schedule 1.1 attached hereto (the “Transferred Resources”), to the fullest extent transferable by such Seller to Purchaser (or if not at all transferable, a mutually acceptable arrangement shall be structured as provided in Section 8.4); (b) All right, title, and interest of such Seller in and to the source code, object code, schematics, design tools, and all associated documentation for all of such Seller’s past or present software products (including but not limited to Connect CCB, Connect IXC, Access IM, Connect RTR, IPC, WPM, Marketing Dashboard, Revenue Assurance Suite, Communications Resources Manager (CRM), and EBP&P), and all of such Seller’s software tools, subroutines, and other components, whether completed or under development, all prior or unreleased versions thereof, and all tangible embodiments (and all copies, extracts, or analyses thereof) in any medium whatsoever, and all right, title, and interest of such Seller in and to its copyrights, patents, trademarks, service marks, trade dress, and any applications therefor (including U.S. patent application number 12055933), and any related Intellectual Property Rights (as defined in Section 2.2) of such Seller, and all rights under any and all contracts for the acquisition or development of any of the foregoing, including without limitation assignments to such Seller, covenants to assign inventions to such Seller (including without limitation those assignments contained in subcontractor agreements), covenants to cooperate with such Seller’s obtaining protections of intellectual property, other provisions for ownership by such Seller of a work-for-hire, any and all confidentiality and non-disclosure agreements in favor of a Seller and all agreements similar to the foregoing, in each case to the fullest extent transferable by such Seller to Purchaser (or if not at all transferable, a mutually acceptable arrangement shall be structured as provided in Section 8.4) (collectively, the “Intellectual Property”); (c) All right, title, and interest (including rights to payment for customer services which services were rendered on or following the Effective Date or for Software (as hereinafter defined) for periods on or following the Effective Date) of such Seller in and under the Assumed Contracts (as hereinafter defined) on and after the Effective Date, including any successor agreements to the Assumed Contracts which are entered into by such Seller with respect to the Business prior to the Closing Date (the “Contract Rights”); (d) Cash in an amount, when all such payments made by Sellers are aggregated, equal to Ninety Seven Thousand Three Hundred Seventy-Four Dollars and 52/100 ($97,374.52) (“Prepaid Customer Funds” and, together with the Transferred Resources, Intellectual Property, and Contract Rights, the “Acquired Assets”), which amount represents prepaid but undelivered maintenance obligations under the Assumed Contracts with Bresnan (in an amount equal to $7,760); Xxxxxxxxxx (in an amount equal to $40,000); Westel (in an amount equal to $6,533); and Page One (in an amount equal to $43,081.52); (e) All receivables and rights to payment arising with respect to customer services provided on or after the Effective Date or Software for periods on or following the Effective Date relating to any Acquired Assets; (f) Copies of those books and records of such Seller directly related to the Acquired Assets, including invoices, purchase orders, and vendor and customer correspondence; and (g) All goodwill and other intangible assets associated with the foregoing; in each case wherever located, but specifically excluding those assets described in Section 1.2.

  • Vesting of Powers in Successor Whenever the conditions of Section 11.1 hereof have been duly observed and performed, the Trustee, if required by Section 11.1 hereof, the Parent Successor and the Purchaser shall execute and deliver the supplemental Agreement provided for in Article 12 and thereupon the Parent Successor shall possess and from time to time may exercise each and every right and power of the Parent under this Agreement in the name of the Parent or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the board of directors of Parent or any officers of the Parent may be done and performed with like force and effect by the directors or officers of such the Parent Successor.

  • Purchases of Portfolio Shares for Sale to Customers (a) In offering and selling Portfolio shares to your customers, you agree to act as dealer for your own account; you are not authorized to act as agent for us or for any Portfolio.

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