Uneconomic Operation of an Individual System Sample Clauses

Uneconomic Operation of an Individual System. (i) If, after the tenth anniversary of the Execution Date, an Individual System is “uneconomic” (as hereafter defined) for any three consecutive Months, Gatherer shall have the right to upon written notice to Shipper (which notice must include reasonable supporting documentation) to initiate the procedures described below in this Section 2.5(d). All information provided in and/or with such written notice shall be subject to Section 16.12 of this Agreement. During the pendency of such procedures, Gatherer shall continue to provide the Gathering Services hereunder on such Individual System. In the event Shipper disputes Gatherer’s assertion that an Individual System is uneconomic (a “Gatherer Uneconomic Condition”), determination of whether or not such Gatherer Uneconomic Condition exists will be exclusively and finally resolved pursuant to the procedure set forth in Section 2.5(d)(iii) below, upon written request by Shipper delivered to Gatherer within 15 Days following Shipper’s receipt of Gatherer’s uneconomic notice (which notice must include Gatherer’s reasonable supporting documentation). In the event Shipper does not dispute such assertion of Gatherer within such 15-Day period, Shipper shall be deemed to have waived the right to dispute that a Gatherer Uneconomic Condition with respect to the applicable Individual System exists, and Shipper and Gatherer shall promptly negotiate in good faith regarding such notice in an effort to mutually agree on increases to the Fees to be charged for Gathering Services on such Individual System so that such Individual System is no longer uneconomic (an “Economic Fee Adjustment”). If the Parties mutually agree on an Economic Fee Adjustment for the provision of Gathering Services hereunder on such Individual System, they shall promptly amend this Agreement to reflect such Economic Fee Adjustment, with such Economic Fee Adjustment to be effective as of the first Day of the first Month after Shipper’s receipt of Gatherer’s uneconomic notice. However, if within 30 Days after the later of (y) Shipper’s receipt of Gatherer’s uneconomic notice or (z) the Expert’s determination under Section 2.5(d)(iii) below that the Gatherer Uneconomic Condition exists (if Shipper disputes the existence of such Gatherer Uneconomic Condition as provided herein), the Parties have not mutually agreed on an Economic Fee Adjustment, determination of the Economic Fee Adjustment will be exclusively and finally resolved pursuant to the procedure s...
Sample 1
AutoNDA by SimpleDocs

Related to Uneconomic Operation of an Individual System

  • CONTINUOUS IMPROVEMENT 3.1 The Supplier shall adopt a policy of continuous improvement in relation to the Services pursuant to which it will regularly review with the Authority the Services and the manner in which it is providing the Services with a view to reducing the Authority's costs (including the Framework Prices), the costs of Contracting Bodies and/or improving the quality and efficiency of the Services. The Supplier and the Authority will provide to each other any information which may be relevant to assisting the objectives of continuous improvement and in particular reducing costs.

  • Performance Improvement Plan timely and accurate completion of key actions due within the reporting period 100 percent The Supplier will design and develop an improvement plan and agree milestones and deliverables with the Authority 3.2 The Authority may from time to time make changes to the KPIs measured as set out in paragraph 3.1 above and shall issue a replacement version to the Supplier. The Authority shall give notice In Writing of any such change to the KPIs measured and shall specify the date from which the replacement KPIs must be used for future reports. Such date shall be at least thirty (30) calendar days following the date of the notice to the Supplier.

  • Condominiums/Planned Unit Developments If the Mortgaged Property is a condominium unit or a planned unit development (other than a de minimis planned unit development) such condominium or planned unit development project such Mortgage Loan was originated in accordance with, and the Mortgaged Property meets the guidelines set forth in the Originator's Underwriting Guidelines;

  • School Improvement The parties do hereby mutually agree that the school improvement process currently in effect will continue. Any plan developed by the committees shall not be in conflict with the master agreement or board policy.

  • Needs Improvement the Educator’s performance on a standard or overall is below the requirements of a standard or overall, but is not considered to be unsatisfactory at this time. Improvement is necessary and expected.

  • Abuse, Neglect, Exploitation Grantee will; a. take all steps necessary, to protect the health, safety and welfare of its clients and participants. b. develop and implement written policies and procedures for abuse, neglect and exploitation. c. notify appropriate authorities of any allegations of abuse, neglect, or exploitation as required by 25 TAC § 448.703.

  • Special Maternity Allowance for Totally Disabled Employees (a) An employee who: (i) fails to satisfy the eligibility requirement specified in subparagraph 17.02(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance or Québec Parental Insurance Plan maternity benefits, and (ii) has satisfied all of the other eligibility criteria specified in paragraph 17.02(a), other than those specified in sections (A) and (B) of subparagraph 17.02(a)(iii), shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act. (b) An employee shall be paid an allowance under this clause and under clause 17.02 for a combined period of no more than the number of weeks during which she would have been eligible for maternity benefits under the Employment Insurance or Québec Parental Insurance Plan had she not been disqualified from Employment Insurance or Québec Parental Insurance maternity benefits for the reasons described in subparagraph (a)(i).

  • DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS REQUIREMENTS/ STATEMENTS OF WORK

  • Pilot Project – One Employer Two Homes Employment Opportunities Where the local parties enter into these agreements, the agreement shall include the following principles:

  • Career Development The City and the Union agree that employee career growth can be beneficial to both the City and the affected employee. As such, consistent with training needs identified by the City and the financial resources appropriated therefore by the City, the City shall provide educational and training opportunities for employee career growth. Each employee shall be responsible for utilizing those training and educational opportunities made available by the City or other institutions for the self- development effort needed to achieve personal career goals.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!