UPSTREAM CAPACITY Sample Clauses

UPSTREAM CAPACITY. 1. Under any Transaction Agreement providing for service in which EMW has elected to receive the Full Management Services or Imbalance Management Services, EESI may elect, as EMW's limited, non-exclusive agent, to contract for voluntarily released Pipeline capacity and/or storage and/or to elect an assignment of firm transportation and storage capacity upstream of EMW's Delivery Points (the "UPSTREAM CAPACITY"). Upon such election, EESI may utilize such Upstream Capacity so assigned and/or released to serve parties other than EMW or its customers, including, but not limited to other parties in EESI's aggregation pool, if any, and to re-release such Upstream Capacity and to retain all proceeds therefrom for EESI's own account, subject to recall only in the event of an EESI Deficiency Default or an EESI Purchase Default, EMW's customer's election to return to their utility sales service program or termination of this Agreement; provided, however, EESI will be responsible for and pay all transportation, unutilized capacity charges and other charges associated with the Upstream Capacity. 2. Under any Transaction Agreement providing for service in which EMW has not elected to receive the Full Management Services or Imbalance Management Services, EMW may elect to contract for Xxxxxxxx Xxxxxxxx and to re-release such Upstream Capacity and to retain all proceeds therefrom for EMW's own account; provided, however, EMW will be responsible for and pay all transportation, unutilized capacity charges and other charges associated with the Upstream Capacity. 3. In the event EMW is obligated to take Upstream Capacity pursuant to a mandatory release program from any utility subsequent to entering into a Transaction Agreement, then EMW may request that EESI amend such Transaction Agreement to provide for a new Delivery Point at the "receipt point" for the Upstream Capacity, in which event EMW will reimburse EESI for any and all "net unwind" costs associated with the change of such Delivery Point, and a new Contract Price will be established pursuant to the provisions of Article 5.2 of this Agreement; provided, however, EMW will be responsible for and pay all transportation, unutilized capacity charges and other charges associated with the Upstream Capacity.
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UPSTREAM CAPACITY. The term “
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Related to UPSTREAM CAPACITY

  • Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.

  • Power and Capacity The Shareholder has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes the Shareholder’s valid, legal and binding obligation and is enforceable against the Shareholder in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights;

  • Shareholder Capacity No Person executing this Agreement who, during the term hereof, is or becomes a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a director or officer of the Company. Each Principal Shareholder signs solely in his, her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder Shares.

  • Stockholder Capacity No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding herein in his or her capacity as such director or officer. Stockholder signs solely in his, her or its capacity as the beneficial owner of the Subject Shares and nothing herein shall limit or prohibit Stockholder or any of its Representatives, in his or her capacity as an officer or director of the Company, from taking any action or failing to take any action in such capacity.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

  • Maximum Capacity The Sick Leave Bank shall accumulate unused Bank days from year to year to a maximum capacity which shall not exceed double the number of eligible employees as defined in the above Section C, Eligibility for Membership.

  • Corporate Capacity The Acquirer has the corporate power, capacity and authority to enter into and complete this Agreement;

  • Individual Capacity The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Affiliates as though the Administrative Agent were not an Agent. With respect to the Loans made by it and all obligations owing to it, the Administrative Agent shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though it were not an Agent, and the terms “Required Lenders”, “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

  • Legal Capacity All parties to the Mortgage Note and the Mortgage had legal capacity to enter into the Mortgage Loan and to execute and deliver the Mortgage Note and the Mortgage, and the Mortgage Note and the Mortgage have been duly and properly executed by such parties. The Mortgagor is a natural person;

  • Independent Capacity of Contractor The Contractor and Contractor Parties shall act in an independent capacity and not as officers or employees of the state of Connecticut or of the Agency.

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