Unused Capacity. The Carrier shall be entitled, at its own discretion, and without compensation but with no surcharge to the Charterer, to use any unused capacity of a flight, and any part of the flight schedule, unused by the Charterer.
Unused Capacity. Subject to contractual rights with respect to the Northern Transmission System, IPA may schedule the unused capacity of such System for transmission service for other utilities pursuant to procedures prescribed by the Operating Agent.
Unused Capacity. Customer agrees that in the event nominations by TDA Customers are less than the Total Minimum Volume Commitments, Transporter shall be entitled to use the unused capacity to transport volumes nominated by other TDA Customers, without any reduction in the Deficiency Payments payable by Customer under Section 6.3.
Unused Capacity. 8 Section 3.5. Right of First Refusal.....................................................8 Section 3.6.
Unused Capacity. If SVG does not order an amount of Products equal to one hundred percent (100%) of the Capacity from the SVG Exclusive Furnaces, SML may, subject to Section 3.5 and as limited by this Section 3.4, sell any unused Capacity to third parties for any purpose (such sales, "Third Party Sales"). Notwithstanding the foregoing, any unused Capacity in the SVG Exclusive Furnaces shall not, without the express written consent of SVG, be used for the production of cubes with a size [*] for sale to a third party for use in semiconductor lithography equipment. Any breach of the foregoing shall be cause for immediate termination of this Agreement.
Unused Capacity. (a) To the extent CREH and its Affiliates do not take receipt of all of the Contract Power Capacity, the Company shall schedule and sell to CAISO an amount of Electricity equal to the positive difference between (i) Contract Power Capacity and (ii) the Actual Utilized Power (the “Excess Capacity”). CREH shall be entitled to receive the revenue of any sale of such Excess Capacity actually realized by the Company. For the avoidance of doubt, in the event the Company is unable to produce the Contract Power Capacity, CREH and its Affiliates shall have the right to receive all Electricity produced by the Company (up to the Contract Power Capacity), subject to any arrangements for sale of Electricity between the Company and any third party entered into on or prior to the Effective Date.
(b) To the extent the Power Plant produces Electricity in excess of the Contract Power Capacity, subject to the Company’s contractual obligations to third parties under contracts entered into by the Company after having complied with this Section 6.2(b), CREH and its Affiliates (other than the Company) shall have the option to purchase such additional Electricity in accordance with the payment obligations set forth in Article XI. Notwithstanding the foregoing, with the prior written consent of CREH (not to be unreasonably withheld, conditioned or delayed), the Company is not restricted from securing additional contractual obligations with third parties for capacity in excess of the Contract Power Capacity to the extent CREH and its Affiliates do not exercise the option to purchase such additional Electricity.
Unused Capacity. In the event that a Contract User City makes application to lease Unused Capacity from other Contract Userscities, then the Review Committee shall review the existing flow rates for all CitiesContract Users. If at that time the Review Committee finds that the average flow for any City Contract User during any period of six consecutive months, exclusive of WWP periods, is less than 90% of that City’s Contract User’s allocated capacity, then the Review Committee may declare a portion of that Contract UserCity’s allocated capacity to be Unused Capacity The maximum amount of a City’s allocated capacity that may be declared to be Unused Capacity shall be determined by multiplying a City’s total allocated capacity by ninety percent (90%) and then subtracting that City’s average monthly flow during the preceding six consecutive month period exclusive of WWP periods, and then rounding to the nearest whole number of PCU’s to the nearest hundredth. Unused Capacity will be removed from the City’s allocated capacity until additional plant capacity is made available by expansion or other means and shall be assigned to the Unused Capacity Pool as described below. Unused capacity will be returned to a City when additional plant capacity is made available to all lease holders. A City may opt not to allow the reassignment of any portion of its allocated capacity to the Unused Capacity Pool, however, in this event, that City shall agree to work proactively with the other Contract Users Project Partners in good faith to expand the capacity of the WWTF.
Unused Capacity. Licensee and the City will annually review the use of the City Channels and, upon mutual agreement between Licensee and the City and an amendment to this License approved by the City Council, the City may relinquish one or more of the City Channels, the Education Channel or the Public Safety Channel to Licensee for any purpose as Licensee sees fit. In the event a City Channel, the Education Channel or the Public Safety Channel are unused for a period of 365 consecutive days, Licensee my request that the City relinquish the unused channel. Upon receipt of a request to relinquish a channel, the City Council may, in its sole discretion, (A) agree to relinquish the channel, or (B) agree to share use of the channel with Licensee under terms and conditions agreed to at that time.
Unused Capacity. Notwithstanding the foregoing, in the event Borrower elects not to pay the Standby Fee in connection with any Unused Capacity, the Commitment shall be permanently terminated with respect to such Unused Capacity.
Unused Capacity. Shipper agrees, to the extent Shipper does not Nominate or tender up to Shipper’s Deemed Volume Commitment on a Pipeline Segment in any Month, Carrier shall be free to utilize such unused capacity on such Pipeline Segment for the provision of transportation services to other shippers in such Month, without impacting the payment obligations of Shipper, including Shipper’s obligations pursuant to this Article IV or otherwise crediting or paying Shipper in any manner, provided that other shippers using such capacity shall not build history or otherwise acquire or accrue entitlements for future use of such capacity and any such use by Carrier or other shippers of unused capacity shall in no way limit or degrade Shipper’s rights to capacity under this Agreement.
