Secondary Term Contract Level Modification Sample Clauses

Secondary Term Contract Level Modification. During the Secondary Term, a 24-hour performance test may be performed at TU Electric's election, as often as once each calendar quarter, and the cost of all such performance tests will be borne entirely by Cogenron. Unless the Parties mutually agree in writing otherwise, each 24-hour performance test will be temperature-adjusted (pursuant to manufacturer's specifications) to 91 degree F at site conditions and adjusted for any capacity reduction due to line losses. Unless the Parties mutually agree in writing otherwise, the results of each test will be performed in accordance with Sections 6 and 22 of the American Society of Mechanical Engineers Power Test Codes, latest edition, or International Standards Organization Standard 2314, and instrumentation error allowable during testing will be in accordance with ANSI B 133.6. Cogenron will allow TU Electric representatives to be present for each such test. If the results of any such performance test indicate that the Plant is not capable of delivering capacity and energy to the Point of Interconnection at the Contract Level then in effect, the Contract Level will be reduced accordingly, effective as of the first day of the month in which the test was performed; provided that, if any such performance test indicates that a reduction in the Contract Level should be effected, then Cogenron may request and conduct, at Cogenron's sole expense, within ten days of the prior test an additional 24-hour performance test(s), as may be necessary, which will be conducted
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Related to Secondary Term Contract Level Modification

  • Service Level Agreement Subject to the terms and conditions of this Agreement, Bank agrees to perform the custody services provided for under this Agreement in a manner that meets or exceeds any service levels as may be agreed upon by the parties from time to time in a written document that is executed by both parties on or after the date of this Agreement, unless that written document specifically states that it is not contractually binding. For the avoidance of doubt, Bank’s Service Directory shall not be deemed to be such a written document.

  • Integration; Modification This Agreement constitutes the entire understanding and agreement between the Company and the Executive regarding its subject matter and supersedes all prior negotiations and agreements, whether oral or written, between them with respect to its subject matter. This Agreement may not be modified except by a written agreement signed by the Executive and a duly authorized officer of the Company.

  • SERVICE LEVEL DESCRIPTION The Fund Accounting Agreement is hereby amended by deleting the Service Level Description attached thereto and replacing it in its entirety with the Service Level Description attached hereto.

  • Compliance; Modification The Asset Representations Reviewer will cooperate with and provide information to the Issuer regarding the Asset Representations Reviewer’s compliance with this Section 4.10. The Asset Representations Reviewer and the Issuer agree to modify this Section 4.10 as necessary from time to time for either party to comply with applicable law.

  • Modification, etc No modification, amendment or waiver of any provision of this Article, nor the consent to any departure by a Guarantor therefrom, shall in any event be effective unless the same shall be in writing and signed by the Trustee, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on a Guarantor in any case shall entitle such Guarantor or any other guarantor to any other or further notice or demand in the same, similar or other circumstances.

  • Waiver, Modification, Etc No provision or term of this Amendment may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

  • Statement of Work Independently and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government as needed to perform the Statement of Work, SECTION J, ATTACHMENT 1, April 30, 2004, attached hereto and made a part of this contract.

  • Term, Termination and Modification This Agreement is effective for the time period indicated on Appendix A, unless sooner terminated as provided below in this Paragraph. This Agreement may be terminated by mutual agreement of the parties at any time or by the Registrant on behalf of any one or more of the Funds upon thirty (30) days’ written notice to the Adviser. In addition, this Agreement shall terminate with respect to a Fund upon termination of the Advisory Agreement with respect to such Fund.

  • Account Modifications Neither the Financial Institution nor the Grantor will change the name or account number of any Collateral Account without the prior written consent of the Secured Party.

  • Procedure for Termination, Amendment, Extension or Waiver A termination of this Agreement pursuant to Section 7.01, an amendment of this Agreement pursuant to Section 7.03 or an extension or waiver of this Agreement pursuant to Section 7.04 shall, in order to be effective, require in the case of Parent, Sub or the Company, action by its Board of Directors.

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