Storage Allocation and Option to Purchase Sample Clauses

Storage Allocation and Option to Purchase. The Parties shall have perpetual and independent ownership and control over their respective storage capacities within the Terminal Storage Reservoir as follows: (a) Tri-State’s Reservoir Capacity shall be the first 100 acre-feet of Active Storage; and (b) the City Enterprise’s Reservoir Capacity shall be the remaining Active Storage Capacity of the Terminal Storage Reservoir, subject however, to (c) the limitation that Tri-State’s Reservoir Capacity may only be conveyed together with assignment of this Agreement as permitted by Section 21 (Assignability) below, and (d) if the Xxxxxx Station is scheduled to be de-commissioned and will no longer have a water demand and Tri-State or its subsidiaries do not have another use for Tri-State’s Reservoir Capacity or lease or contract to provide water to another entity, then Tri-State shall provide notice of such circumstances to the City Enterprise. Upon such notice the City Enterprise shall have the option to purchase Tri- State’s Reservoir Capacity for cost, escalated annually starting January 2020, at the rate of the most recently published Consumer Price Index for All Urban Consumers (CPI-U), Mountain West region, for all items less food and energy. Provided however, if the City Enterprise does not exercise its option to purchase Tri-State’s Reservoir Capacity within 18 months of the date of the notice, or such longer time period as provided by Tri-State in the notice, Tri-State shall have the right to use or lease its reservoir capacity at its sole discretion, or convey its reservoir capacity to a third-party along with an assignment of this Amended and Restated Agreement to a third-party that can reasonably meet the financial obligations for reservoir operation and maintenance set forth in this Amended and Restated Agreement. The word “cost” as it is used in this Section shall be Tri-State’s Allocated Costs for design and construction of the Terminal Storage Reservoir as set forth in Section 1.5 (inclusive of subsections) above.
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Related to Storage Allocation and Option to Purchase

  • Option to Purchase Subject to Section 3.5, the Receiver hereby grants to the Assuming Institution an exclusive option for the period of ninety (90) days commencing the day after Bank Closing to purchase any or all owned Bank Premises, including all Furniture, Fixtures and Equipment located on the Bank Premises. The Assuming Institution shall give written notice to the Receiver within the option period of its election to purchase or not to purchase any of the owned Bank Premises. Any purchase of such premises shall be effective as of the date of Bank Closing and such purchase shall be consummated as soon as practicable thereafter, and in no event later than the Settlement Date. If the Assuming Institution gives notice of its election not to purchase one or more of the owned Bank Premises within seven (7) days of Bank Closing, then, not withstanding any other provision of this Agreement to the contrary, the Assuming Institution shall not be liable for any of the costs or fees associated with appraisals for such Bank Premises and associated Fixtures, Furniture and Equipment.

  • TERMINATION FOR IMPROPER CONSIDERATION 8.44.1 The County may, by written notice to the Contractor, immediately terminate the right of the Contractor to proceed under this Contract if it is found that consideration, in any form, was offered or given by the Contractor, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Contract or securing favorable treatment with respect to the award, amendment, or extension of this Contract or the making of any determinations with respect to the Contractor’s performance pursuant to this Contract. In the event of such termination, the County shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of default by the Contractor.

  • Option to Build If the dates designated by Developer are not acceptable to Connecting Transmission Owner, the Connecting Transmission Owner shall so notify the Developer and NYISO within thirty (30) Calendar Days, and unless the Developer and Connecting Transmission Owner agree otherwise, Developer shall have the option to assume responsibility for the design, procurement and construction of Connecting Transmission Owner’s Attachment Facilities and Stand Alone System Upgrade Facilities on the dates specified in Article 5.1.2; provided that if an Attachment Facility or Stand Alone System Upgrade Facility is needed for more than one Developer’s project, Developer’s option to build such Facility shall be contingent on the agreement of all other affected Developers. NYISO, Connecting Transmission Owner and Developer must agree as to what constitutes Stand Alone System Upgrade Facilities and identify such Stand Alone System Upgrade Facilities in Appendix A hereto. Except for Stand Alone System Upgrade Facilities, Developer shall have no right to construct System Upgrade Facilities under this option.

  • F1 Transfer and Sub-Contracting F1.1 Except where F1.4 and F1.5 applies, the Contractor shall not assign, sub- contract or in any other way dispose of the Contract or any part of it without prior Approval. Sub-contracting any part of the Contract shall not relieve the Contractor of any of its obligations or duties under the Contract.

  • OPTION TO PURCHASE CONTROLLING In the event a conflict arises between the terms and conditions of the Lease Agreement and the Option to Purchase Agreement, the Option to Purchase Agreement shall control.

  • F4 Transfer and Sub-Contracting F4.1 Except where clauses F4.5 and F4.6 both apply, the Contractor shall not transfer, charge, assign, sub-contract or in any other way dispose of the Contract or any part of it without prior Approval. All such documents shall be evidenced in writing and shown to the Authority on request. Sub-contracting any part of the Contract shall not relieve the Contractor of any of its obligations or duties under the Contract.

  • Data for Option W1 W1.1 The Adjudicator the person selected from the ICE-SA Division (or its successor body) of the South African Institution of Civil Engineering Panel of Adjudicators by the Party intending to refer a dispute to him. (see xxx.

  • Purchase of Retail Power Illinois Power Marketing Company d/b/a Homefield Energy (Homefield Energy) agrees to sell, and you, as a participant in the City of Bloomington Opt-Out Aggregation Program, agree to buy, all your residential power and energy service (Retail Power) at the price and on the terms and conditions specified in this Agreement. Homefield Energy is an independent seller of power and energy service certified by the Illinois Commerce Commission (ICC Docket No. 14-0015). Homefield Energy has been selected by City of Bloomington as the supplier for its June 2020-June 2022 Opt-Out Government Aggregation Program. The Terms and Conditions contained in this Agreement have been the subject of negotiations between Homefield Energy and City of Bloomington. Your Delivery Service Provider (DSP)—Ameren Illinois— retains responsibility for the delivery of electricity to your home. Homefield Energy’s obligations under this Agreement are conditioned upon you providing complete and accurate information to Homefield Energy throughout the Term.

  • General Conditions Applicable to Option to Build If the Interconnection Customer assumes responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades,

  • Adjustments to Purchase Price The Purchase Price shall be adjusted as follows:

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