Shortfall Quantities Sample Clauses

Shortfall Quantities. In respect of each Ship-or-Pay CT Agreement if on a Day, for reasons other than any failure of the Shipper to deliver Gas at the Delivery Point (while the Transporter is in compliance with the CT Agreement), or any failure of the Shipper to offtake Gas at the Redelivery Point (while Transporter is in compliance with the CT Agreement): (a) the Transporter fails to schedule the Firm Daily Nominated Quantities (FDNQ) such that the Scheduled Quantity at the Redelivery Point is less than the Firm Daily Nominated Quantity (FDNQ); or (b) the Transporter fails to provide the Gas Transmission Services for the Scheduled Quantity, or (c) the Shipper rejects Gas that Transporter delivers at the Redelivery Point that fails to conform to the Specifications (unless the failure to meet Specification at the Redelivery Point is due to Shipper’s delivery of Gas at the Delivery Point that did not meet Specification unless accepted by Transporter in accordance with the Operating Code), then the “Shortfall Quantity” in respect of any Month or for any period of CT Agreement in case the Period of CT Agreement is less than a Month (as the case may be) shall be determined as below: (i) 80% of the lower of: a. the aggregate FDNQ for the Redelivery Point as reduced by quantities not transported on account of Force Majeure or Planned Works or in circumstances where the Transporter is expressly excused pursuant to the Operating Code or as a result of Xxxxxxx’s breach of its obligations under the CT Agreement; or b. the aggregate of the CT Redelivery Point MDQ as reduced by quantities not transported as a consequence of reductions from the MDQ on account of Force Majeure or Planned Works or in circumstances where the Transporter is expressly excused pursuant to the Operating Code or as a result of Xxxxxxx’s breach of its obligations under the CT Agreement, for the relevant Month; minus (ii) aggregate of the Shipper’s Allocated Quantity at that Redelivery Point for the relevant Month.
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Shortfall Quantities. 6.1.1 In respect of each CT Agreement if on a Gas Day, for reasons other than failure of the Shipper to deliver Gas at the Entry Point (while the Transporter is in compliance with the GTA), or any failure of the Shipper to offtake Gas at the Exit Point (while Transporter is in compliance with the CT Agreement) which may occurs due to the following reasons (a) the Transporter fails to schedule the Daily Nominated Quantities (DNQ) such that the Scheduled Quantity at the Exit Point is less than the DNQ; or (b) the Transporter fails to provide the Transportation Services for the Scheduled Quantity, or (c) the Shipper rejects Gas that Transporter delivers at the Exit Point that fails to conform to the Specifications (unless the failure to meet Specifications at the Exit Point is due to Shipper’s delivery of Gas at the Entry Point that did not meet Specifications unless accepted by Transporter in accordance with the Operating Code, 6.1.2 In respect of any Day of CT Agreement the Shortfall Quantity shall be determined as below: (a) 90% of the lower of DNQ or MDQ at Exit Point for a Day as reduced by quantities not transported as a consequence of reductions from the MDQ on account of Force Majeure or Annual Planned Maintenance or in circumstances where the Transporter is expressly excused pursuant to the or as a result of Shipper’s breach of its obligations under GTA; minus (b) Shipper’s Allocated Quantity at that Exit Point for the relevant day.
Sample 1

Related to Shortfall Quantities

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • Quantities The estimated quantities provided by the City are not guaranteed. These quantities are listed for informational purposes only. Quantities vary depending on the demands of the City. Any variations from the estimated quantities shall not entitle the bidder to an adjustment in the unit price or any additional compensation.

  • ESTIMATED QUANTITIES 1.1 The quantities set forth in the line items and specification document are approximate and represent the estimated requirements for the contract period. 1.2 Items listed may or may not be an inclusive requirements for this category. 1.3 Category items not listed, but distributed by bidder are to be referred to as kindred items. Kindred items shall receive the same percentage of discount or pricing structure as items listed in the specification document. 1.4 The unit prices and the extended total prices shall be used as a basis for the evaluation of bids. The actual quantity of materials necessary may be more or less than the estimates listed in the specification document, but the City/County shall be neither obligated nor limited to any specified amount. If possible, the Owners will restrict increases/decreases to 20% of the estimated quantities listed in the specification document.

  • Contract Year A twelve (12) month period during the term of the Agreement commencing on the Effective Date and each anniversary thereof.

  • ESTIMATED / SPECIFIC QUANTITY CONTRACTS Estimated quantity contracts, also referred to as indefinite delivery / indefinite quantity contracts, are expressly agreed and understood to be made for only the quantities, if any, actually ordered during the Contract term. No guarantee of any quantity is implied or given. With respect to any specific quantity stated in the contract, the Commissioner reserves the right after award to order up to 20% more or less (rounded to the next highest whole number) than the specific quantities called for in the Contract. Notwithstanding the foregoing, the Commissioner may purchase greater or lesser percentages of Contract quantities should the Commissioner and Contractor so agree. Such agreement may include an equitable price adjustment.

  • Delivery Points ‌ Project water made available to the Agency pursuant to Article 6 shall be delivered to the Agency by the State at the delivery structures established in accordance with Article 10.

  • Supply Price The Initial Term “Supply Price” for the “Monthly Fixed Price Volume” set forth on Exhibit A shall be $[______]/MWh for the first [***] years of the Initial Term, and thereafter shall be the then-current market price as mutually agreed by Customer and Supplier prior to the end of the [***] year. The Extension Term Supply Price, if any, will be the then-current market price as mutually agreed by Customer and Supplier prior to entering into the Extension Term. Supplier and Customer may agree to fix the Supply Price for one or more periods during the Term that individually and in total are shorter than the full Term. Exhibit A sets forth the hourly delivery volume for which the Energy Price will be fixed during each month of the Term to take into account the phase-in of the facility which is expected to progress at a rate of approximately [***]MW per month (the “Monthly Fixed Price Volume”). Supplier represents that Supplier has used commercially reasonable efforts to set such Supply Price at approximately [***]% discount to the forward price at which Supplier xxxxxx its delivery obligations under this Transaction Confirmation with respect to any financial or physical energy supply arrangement intended to cover the Monthly Fixed Price Volume, the settlement index (ERCOT North Load Zone), and this Transaction Confirmation term. The [***]% discount shall be revised to take into account any physical or software limitations originating from Customer and limiting Supplier’s ability to curtail 100% of the load at the Data Center. Exhibit A also sets forth the minimum load that Customer has designated as not subject to economic curtailment (“Non-Curtailable Load”), which represents, among other things, the Motor Control Center (MCC), and other essential server and administrative load. Customer and Supplier can, in the context of the immediately preceding sentence, agree on a lesser than [***]% discount with respect to the Supply Price to account for Supplier’s incremental cost of providing a fixed Supply Price for Non-Curtailable Load.

  • Delivery Point The delivery point is the point of delivery of the Power Product to the CAISO Controlled Grid (the “Delivery Point”). Seller shall provide and convey to Buyer the Power Product from the Generating Facility at the Delivery Point. Title to and risk of loss related to the Power Product transfer from Seller to Buyer at the Delivery Point.

  • MINIMUM ORDER QUANTITY The State makes no commitment to purchase any minimum or maximum quantity, or dollar volume of products from the selected suppliers. Utilization of this agreement will be on an as needed basis by State Agencies and/or Cooperative Participants, Cities, Counties, Schools K-12, Colleges and Universities. The State will award to multiple suppliers; however, the State reserves the right to purchase like and similar products from other suppliers as necessary to meet operational requirements.

  • QUANTITY BASIS OF CONTRACT – NO GUARANTEED QUANTITIES The contract established has no guarantee of any specific quantity and the State is obligated only to buy that quantity which is needed by its agencies.

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