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Short-Fall Sample Clauses

Short-Fall. RECs (a) In the event that at the conclusion of any Delivery Year the Seller has delivered less than 90% of the Annual Contract Quantity of RECs for that Delivery Year (after taking into account any shortfalls or carryovers from the prior Delivery Year), the Seller will have 90 days to deliver RECs, without the associated energy, to the Buyer so that Seller’s total deliveries are not less than 90% of the Annual Contract Quantity of RECs for that Delivery Year (“Replacement RECs”). No payment will be made by the Buyer for these Replacement RECs. Replacement RECs must be of the same type of Renewable Energy Resource (e.g. wind, solar, landfill gas) and location (i.e. Illinois or Adjacent State or Other State) as the RECs contained in the Product and must have been generated in the same Delivery Year in which the shortfall occurred or within 90 days of the end of that Delivery Year. The failure to deliver the requisite amount of Replacement RECs within 90 days of the end of the Delivery Year in which the RECs were to have been delivered is an Event of Default. In such case, in addition to the rights and remedies provided in Paragraphs 6 and 8 of the Credit Support Annex and without further notice to the Seller or without any need to designate an Early Termination Date, Buyer shall have the right to liquidate any Posted Collateral supporting the RECs and use the proceeds to procure the Replacement RECs. (b) In the event that the Seller delivers at least 90%, but less than 100% of the Annual Contract Quantity of RECs (including Replacement RECs for any shortfall below 90%) for any Delivery Year other than the final contract Delivery Year, the Seller is required to cure that deficiency in the (c) Within 40 days following the final Delivery Year of the Transaction, the Seller shall deliver sufficient Replacement RECs (of the same type and location as the Product) to meet any remaining contract shortfall with respect to the delivery of RECs. No payment will be made by the Buyer for these Replacement RECs.

Related to Short-Fall

  • Abuse of Sick Leave Misuse of leave, violation of orders, directives, or contractual requirements concerning the use of sick leave and other forms of leave used in lieu of sick leave are cause for disciplinary action.

  • Accumulation 1. Originating goods or materials from the territory of a Party, incorporated into a good in the territory of the other Party, shall be considered to be originating in the territory of the other Party. 2. Production carried out by a producer in the territory of a Party may be accumulated with the production of one or more producers in the territory of that Party or the other Party, in such way that the production of the materials incorporated into the good shall be considered as carried out by that producer, provided that the good satisfies the requirements established in Article 3.1 and all other applicable requirements in this Chapter.

  • Explosives Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.

  • GETTING MORE INFORMATION Are there more details about the Settlement?

  • Delivery Date the date (or period) for delivery of the Goods or Services as specified and agreed in the Contract.

  • Inclement Weather 16.1 The parties are committed to working together to minimize the impact of inclement weather. The employer will ensure reasonable allowance is included in contracts taking into account historic weather conditions and forecast rainfall. 16.2 Inclement weather means the existence of rain or abnormal climatic conditions (whether hail, extreme cold, high wind, severe dust storm, extreme heat (as defined in clause 14), poor air quality (as defined in clause 15), or the like or any combination of these conditions) where it is not reasonable or it is unsafe for employees to continue working in those conditions. 16.3 The employer or its representative, when requested by the employees or their representative, must confer within a reasonable time (which does not exceed 60 minutes) for the purpose of determining whether or not the conditions referred to in clause 16.2 apply. 16.4 The time work stops due to inclement weather and the resumption of work after a period of inclement weather has ended will be recorded by the employer. 16.5 When inclement weather conditions exist, an affected employee is not required to start or continue to work where it is unreasonable or unsafe to do so. In cases where emergency work is required or it is necessary to complete a concrete pour already commenced to a practical stage, work may occur or continue provided that such work does not give rise to a reasonable concern on the part of an employee undertaking the work of an imminent risk to their health or safety. 16.6 Where emergency work or a concrete pour is completed in accordance with clause 16.5, work will be paid at the rate of 200% of the ordinary hourly rate calculated to the next hour, and in the case of wet weather, the employee will be provided with adequate wet weather gear. If an employee’s clothes become wet as a result of working in the rain the employee will be allowed to go home for the remainder of the day without loss of pay. 16.7 Where an employee is not able to perform any work at any location because of inclement weather, the employee will receive payment at the ordinary hourly rate for ordinary hours. Payment for time lost due to inclement weather is subject to a maximum of 32 hours pay in any 4-week period for each employee. Payment is subject to adherence to the terms of clause 16. 16.8 An employee working on a Job Share arrangement pursuant to clause 30—Job Share, that is affected by inclement weather, will be entitled to payment from the 32-hour inclement weather bank on a pro rata basis. 16.9 Employees accumulated inclement weather bank shall not be deducted whilst they remain on site. 16.10 Inclement weather occurring during overtime will not be taken into account for the purposes of clause 16 and employees will not be entitled to any payment for stoppages because of inclement weather that occurs outside of ordinary hours. 16.11 Employees on a portion of a site not affected by inclement weather must continue to work even though employees working on other areas of the site may have stopped work because of inclement weather. 16.12 Subject to the availability of alternative work in an employee’s classification, an employer may require employees to transfer: (a) from a location on a site where it is unreasonable and/or unsafe to work because of inclement weather, to another area on the same site, where it is reasonable and safe to work; and/or (b) from a site where it is unreasonable and/or unsafe to work because of inclement weather, to another site, where it is reasonable and safe to work, and where the employer, where necessary, provides transport. 16.13 Remaining on site where, because of inclement weather, the employees are prevented from working: (a) for more than an accumulated total of 4 hours of ordinary time in any one day; or (b) after the main meal break, for more than half of the ordinary work time; or (c) during the final 2 hours of the normal workday for more than an accumulated total of one hour; the employer will not be entitled to require the employees to remain on site beyond the expiration of any of the above circumstances. However, where genuine training has been agreed in writing between the parties, then the course maybe completed in extraordinary circumstances. 16.14 Where the employees are in the sheds, because they have been rained off, or because it is at starting time, morning tea, or lunch time, and it is raining, they will not be required to go to work in a dry area or to be transferred to another site unless: (a) the rain stops; or (b) a covered walkway has been provided; or (c) the sheds are under cover and the employees can get to the dry area without going through the rain; or (d) adequate protection is provided. 16.15 Protection must, where necessary, be provided for the employees’ tools.

  • Use of Sick Leave Sick leave is available the first day of the pay period following the pay period in which it was earned, and is taken in units of one-tenth (1/10) of one hour. Use of sick leave is subject to the approval of the appointing authority. Upon request of an employee, the appointing authority may allow the substitution of three (3) or more days of sick leave for paid vacation, provided the employee furnishes a doctor's statement or other satisfactory evidence that the employee was ill or injured for three (3) or more consecutive days.

  • No General Solicitation Neither the Company nor any person acting on behalf of the Company has offered or sold any of the Securities by any form of general solicitation or general advertising. The Company has offered the Securities for sale only to the Purchasers and certain other “accredited investors” within the meaning of Rule 501 under the Securities Act.

  • Noise Abatement Contractor shall operate, conduct, or construct without violating the City’s Noise Abatement Ordinance codified in the SDMC.

  • Accumulation of Sick Leave The unused portion of an Employee's sick leave shall accrue for her future benefit, up to a maximum of one hundred and thirty (130) days.