Unit Modifications Sample Clauses

Unit Modifications. Absent consent of the Buyer, which may be withheld or delayed until such time as the conditions specified in this Section 3.1(e) are satisfied, Seller shall not, nor permit any other Person to undertake any construction at, or modification of, a Unit or the Facility or increase, modify or decrease the Capacity [or modify or decrease the Heat Rate] of the Units that are committed to Buyer (as compared to its Design Capacity [and Guaranteed Heat Rate]); nor take any other action that would, or may reasonably be expected to, impair or limit the ability of a Unit to supply Products to the Buyer, the ability of the Buyer to purchase or receive Products from such Unit, the rights of the Buyer to full and exclusive rights to all of the Capacity of the Units, [the ability of the Buyer to deliver all Gas required for Scheduled Operations] or the ability of Seller to deliver any and all Products that the Unit is capable of producing, as set forth in Appendix II, as measured at the Electrical Delivery Point, including the full amount of the Monthly Contract Capacity. Buyer’s consent pursuant to this paragraph must be in writing and, in its sole discretion, Buyer may delay its consent until it determines whether, or withhold its consent if it determines that, the proposed change would impair or limit the ability of the Seller to supply and deliver Products from the Unit to the Buyer, the ability of the Buyer to purchase or receive Products from such Unit, or the Buyer’s full and exclusive rights to all of the Capacity of the Units or otherwise affect Buyer’s interests in the Unit. Nothing in this Section 3.1(e) shall be deemed to limit or impair the ability of the Seller, or require Buyer’s consent, to perform or cause to be performed routine maintenance or Major Maintenance overhauls in the ordinary course of business, including those that may result in restoring Design Capacity [or Heat Rate] lost through degradation. [For renewable facilities, omit the bracketed language. For agreements that are not tolling agreement, include the first two bracketed phrases and the last, but omit the third.]
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Unit Modifications. Unit modifications are subject to the following procedures. 2.3.1 For the term of this Agreement, the District and Association agree that the unit defined in Section 2.2 is appropriate and that neither party will seek clarification or amendment of this unit. 2.3.2 Unit modifications can occur under the following conditions: 2.3.2.1 The District agrees that if it creates any new classifications during the term of this Agreement, the District shall notify the Association of its action, describing the class (es) created, number of positions and indicate whether the new class (es) is to be included in the bargaining unit or excluded from it. 2.3.2.2 Should there exist a dispute between the District and the Association as to the appropriateness of the newly created positions being included or excluded from the unit; the parties agree to submit the dispute to the Public Employment Relations Board for resolution.
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Unit Modifications. Upon the request of either party, modifications involving the movement of classifications from a SLOCEA represented unit to another SLOCEA represented unit shall be processed in accordance with the timeline and other provisions of the Employee Relations Policy, and may also be proposed and discussed as part of negotiations for a successor agreement.
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Unit Modifications. Absent the written consent of Buyer, which may be withheld or delayed at Buyer’s sole discretion until such time as the terms of this Section 3.1(e) are satisfied, Seller shall not, and shall not permit any other Person to: (i) undertake any construction at or modification of the Unit(s) or the Facility; or (ii) modify the Capacity or the Heat Rate of the Units that are committed to Buyer (as compared to its Design Capacity and Guaranteed Heat Rate); or (iii) take any other action that would, or may reasonably be expected to, impair or limit the ability of a Unit to supply Products to the Buyer, the ability of the Buyer to make Gas available at the Gas Delivery Point, or the ability of Seller to deliver any and all Products that the Unit is capable of producing, as set forth in Appendix II, as measured at the Electrical Delivery Point, including the Maximum Contract Capacity. Nothing in this Section 3.1(e) shall be deemed to limit or impair the ability of the Seller to perform or cause to be performed routine maintenance in the ordinary course of business, including those that may result in restoring Design Capacity or Heat Rate lost through degradation, subject to the provisions of Section 3.8.
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Unit Modifications. Clarifications of and amendments to the bargaining unit as defined above shall be by mutual consent of the Board and the Union or, in case of a dispute, solely by determination of the Florida Public Employees Relations Commission. This shall in no way restrict the right of the College to create, abolish, reclassify and/or modify job duties, job descriptions or positions. However, the College shall notify the Union as soon as practical, but no later than the Board is notified of any such change and the Union shall have the right, if provided by law, to bargain the impact of such change. Consistent with sound management practice, the College may implement the proposed changes while impact bargaining is pending.
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Unit Modifications. Absent the written consent of Buyer, Seller shall not, and shall not permit any other Person to: (a) undertake any construction at or modification of the Unit(s) or the Project; or (b) modify the Capability of the Project (as compared to its Design Capability); or (c) take any other action that would, or may reasonably be expected to, impair, alter, expand or limit the ability of the Project to supply Energy Storage Services or the ability of Seller to provide the Energy Storage Services to Buyer in accordance with the terms of this Agreement and the Operational Limitations set forth in Appendix II. (d) Nothing in this Section 2.4 shall be deemed to limit or impair the ability of the Seller to perform or cause to be performed routine maintenance in the ordinary course of business, including those that may result in restoring applicable Design Capability, or Guaranteed Efficiency lost through degradation, subject to the provisions of Section 9.2. [Buyer note: subject to degradation rates, as applicable.]
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Unit Modifications. No modification to the proposed units of service identified in this Agreement shall be made without the written permission of Heritage. Modification requests shall be limited to twice annually.
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Unit Modifications. An owner must request approval for work to be done within a unit and is required to complete an Architectural Review form. No work may begin prior to appropriate approval. The form is available from Management or EHA website and must be submitted at least 30 days before work is contracted. Some approvals may require engineering or architectural evaluation and/or inspection at owner expense. Unauthorized renovations, alterations, installations and/or replacements will be at the risk of the owner or resident making them, not only for the cost, but also for future maintenance or restoring to the prior condition. Approval of the Architectural Review form does not waive the Association's easement of access for maintenance or repair of the Common Elements. Approvals are subject to obtaining required city permits and using licensed contractors. Owners must provide the Association with a copy of the vendor’s/contractor’s Certificates of Insurance before any work may be performed. Work must be carried out in a professional way and not obstruct maintenance or damage the common elements. Elevator Vestibule Modifications As alterations to Common Elements are subject to architectural review, modifications such as painting, wallpapering and ceiling/floor changes require Board approval. Owners may renovate and decorate their shared elevator vestibule, but owners of both units (not tenants) must agree, and the vestibule, fire doors and fire equipment must not be obstructed. A brief summary must be signed by both unit owners and be given to Management for approval before changes are undertaken. Owners/residents are bound by what has been agreed and are responsible for maintaining the vestibule. Board Approval
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Related to Unit Modifications

  • Cost Modifications The parties may agree to a reduction in the cost of the Contract at any time during which the Contract is in effect. Without intending to impose a limitation on the nature of the reduction, the reduction may be to hourly, staffing or unit costs, the total cost of the Contract or the reduction may take such other form as the State deems to be necessary or appropriate.

  • Agreement Modifications No waiver, alteration or modification of any of the provisions of this Construction Services Agreement shall be binding upon either District or Contractor unless the same shall be in writing and signed by both District and Contractor.

  • Amendments; Modifications This Agreement may not be modified, altered or amended except by an agreement in writing executed by all of the parties hereto.

  • Contract Modifications It is understood that changes are inherent in operations of the type covered by this contract. The number of changes, the scope of those changes, and the impact they have on the progress of the original operations cannot be defined at this time. The PURCHASER is notified that changes are anticipated and that there will be no compensation made to the PURCHASER directly related to the number of changes made. Each change will be evaluated for extension of contract time and increase or decrease in compensation based on its own merit. STATE reserves the right to make, at any time during the contract, such modifications as are necessary or desirable; provided such modifications shall not change the character of the operations to be done nor increase the cost, unless such operations or cost increase is approved in writing by PURCHASER. Any modifications so made shall not invalidate this contract nor release PURCHASER of obligations under the performance bond. PURCHASER agrees to do the modified operations as if it had been a part of the original contract. If any change under this section causes an increase or decrease in the PURCHASER's cost of, or the time required for the performance of any part of the operations, the PURCHASER must submit a written statement setting forth the nature and specific extent of the claim. Such claim shall include all time and cost impacts against the contract and be submitted as soon as possible, but no later than 30 days after receipt of any written notice of modification of the contract. If the PURCHASER discovers site conditions which differ materially from what was represented in the contract or from conditions that would normally be expected to exist and be inherent to the activities defined in the contract, the PURCHASER shall notify the STATE's Authorized Representative immediately and before the area has been disturbed. The STATE's Authorized Representative will investigate the area and make a determination as to whether or not the conditions differ materially from either the conditions stated in the contract or those which could reasonably be expected in execution of this particular contract. If it is determined that a differing site condition exists, any compensation or credit will be determined based on an analysis by STATE's Authorized Representative. If the PURCHASER does not concur with the decision of the STATE's Authorized Representative and/or believes that it is entitled to additional compensation, the PURCHASER may proceed to file a claim. All claims shall be submitted in writing and shall include a detailed, factual statement of the basis of the claim, pertinent dates, contract provisions which support or allow the claim, reference to or copies of any documents which support the claim, the exact dollar value of the claim, and specific time extension requested for the claim. If the claim involves operations to be completed by subcontractors, the PURCHASER will analyze and evaluate the merits of the subcontractor's claim. PURCHASER shall forward the subcontractor's claim and PURCHASER's evaluation of such claim to STATE's Authorized Representative. The STATE's Authorized Representative will not consider direct claims from subcontractors, suppliers, manufacturers, or others not a party to this contract. The decision of the STATE shall be final and binding unless the PURCHASER requests mediation.

  • Amendments, Modifications, etc This Agreement may not be amended or modified except by an agreement in writing executed by Exchangeco, Patch and the Trustee and approved by the Shareholders in accordance with section 11.2 of the Exchangeable Share Provisions.

  • Waiver; Modification Failure to insist upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of, or failure to insist upon strict compliance with, any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. This Agreement shall not be modified in any respect except by a writing executed by each party hereto.

  • Waivers; Modifications Except as set forth in a written instrument included in the related Mortgage File, the (A) material terms of the related Mortgage Note, the related Mortgage(s) and any related loan agreement and/or lock-box agreement have not been waived, modified, altered, satisfied, impaired, canceled, subordinated or rescinded by the mortgagee in any manner, and (B) no portion of a related Mortgaged Property has been released from the lien of the related Mortgage, in the case of (A) and/or (B), to an extent or in a manner that in any such event materially interferes with the security intended to be provided by such document or instrument. Schedule III (xxviii) identifies each Mortgage Loan (if any) as to which, since the latest date any related due diligence materials were delivered to Anthracite Capital, Inc. (or its designee), there has been (in writing) given, made or consented to a material alteration, material modification or assumption of the terms of the related Mortgage Note, Mortgage(s) or any related loan agreement and/or lock-box agreement and/or as to which, since such date, there has been (in writing) a waiver other than as related to routine operational matters or minor covenants.

  • Merger & Modification This Contract constitutes the entire agreement between the parties. No understandings, agreements, or representations, oral or written, not specified within this Contract will be valid provisions of this Contract. This Contract may not be modified, supplemented, or amended, except by written agreement signed by all necessary parties.

  • Other Modifications With respect to the Securities of this series, the Indenture shall be modified as follows: (a) The eighth paragraph of Section 305 of the Indenture shall be modified by inserting ", and a successor Depositary is not appointed by the Company within 90 days" at the end of clause (i) in such paragraph; and (b) Section 401 of the Indenture shall be modified by adding to the end of such Section the following paragraph: "For the purpose of this Section 401, trust funds may consist of (A) money in an amount, or (B) U.S. Government Obligations (as defined in Section 1304) which through the scheduled payment of principal and interest in respect thereof in accordance with their terms will provide, not later than one day before the due date of any payment, money in an amount, or (C) a combination thereof, sufficient, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, to pay and discharge, the principal of, premium, if any, and each installment of interest on the Securities of this series on the Stated Maturity of such principal or installment of interest on the day on which such payments are due and payable in accordance with the terms of this Indenture and of such Securities of this series."

  • Amendment; Modification No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

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