Use of Visible Market Sample Clauses

Use of Visible Market. For each calendar year in the Calculation Period for which Published Values for each month of such calendar year exist, the NYMEX Xxxxx Hub Gas Price in respect of that calendar year shall be the arithmetic average of the Published Values for that calendar year ; (ii) For each calendar year in the Calculation Period for which Published Values are not available for each month of such calendar year, the Parties shall negotiate in good faith to agree upon stipulated values for the NYMEX Xxxxx Hub Gas Price for such calendar year. If the Parties cannot so agree within five (5) Business Days, then ProGas shall obtain, as promptly as commercially practicable and to the extent reasonably available, at least two Broker Quotes for each NYMEX Xxxxx Hub Gas Price for those years during the Calculation Period for which Published Values are not available for each month of the calendar year and shall provide to NJEA copies of all data, quotes and other information provided by the OTC Brokers in connection with such Broker Quotes. All Broker Quotes obtained pursuant to this section shall be averaged, and Broker Quotes for any given NYMEX Xxxxx Hub Gas Price for any given year that are no greater than 105%, and no less than 95%, of the average of the Broker Quotes obtained for such NYMEX Xxxxx Hub Gas Price for such year or partial year shall be "Eligible Broker Quotes" and all other Broker Quotes shall be disregarded for the purposes of this section. The arithmetic average of the Eligible Broker Quotes obtained for each NYMEX Xxxxx Hub Gas Price for each year shall be the NYMEX Xxxxx Hub Gas Price for such year for purposes of calculating the NYMEX Final Price.
Sample 1
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Related to Use of Visible Market

  • Shares Listed on Trading Market The Shares shall have been listed and admitted and authorized for trading on the Trading Market, and satisfactory evidence of such actions shall have been provided to the Manager.

  • Use of Bulletin Boards Space shall be made available to OCEA on agency/departmental bulletin boards within the Representation Unit provided such use does not interfere with the needs of the agency/department and material posted is not derogatory to the County, County employees or other employee organizations. Notice shall be dated and signed by the authorized representatives of OCEA responsible for its issuance.

  • No Public Market The Purchaser understands that no public market now exists for the Shares, and that the Company has made no assurances that a public market will ever exist for the Shares.

  • Use of Site 4.13.1 The Contractor shall confine operations at the site to areas permitted by law, including areas designated for operations or prohibited from operations by any applicable permit and or regulation, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment.

  • Use of Software Any software that is available on the Services ("Software") is the copyrighted work of Red Hat and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. You may not download any Software until you have read and accepted the terms of the accompanying software license. WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, RED HAT, ITS PARENT, SUBSIDIARY, AND AFFILIATE COMPANIES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  • Trading Market The Common Stock is registered pursuant to Section 12(b) of the Exchange Act and is approved for listing on The Nasdaq Capital Market (“Nasdaq”). As of the Closing Date, the Shares, the Warrant Shares and the Pre-Funded Warrant Shares will have been duly authorized for listing on Nasdaq.

  • Use of Attachment Facilities by Third Parties Purpose of Attachment Facilities.‌‌ Except as may be required by Applicable Laws and Regulations, or as otherwise agreed to among the Parties, the Attachment Facilities shall be constructed for the sole purpose of interconnecting the Large Generating Facility to the New York State Transmission System and shall be used for no other purpose.

  • USE OF TBS ACCESS CODE (a) An Account Holder may operate the TBS in relation to his Account by using his TBS Access Code. (b) Any Service Instructions identified by the Account Holder’s TBS Access Code shall be deemed to be given by the Account Holder and shall be conclusive and binding on the Account Holder and the Account Holder hereby authorises the Bank to act on any such Service Instructions identified by the Account Holder’s TBS Access Code. (c) All acts on the part of the Bank pursuant to such Service Instructions identified by the Account Holder’s TBS Access Code shall be conclusive and binding on the Account Holder (notwithstanding that such Service Instructions may not have been given by the Account Holder or with his consent or authority). (d) Notwithstanding and without prejudice to the other terms and conditions herein, the Bank shall be entitled (but not obliged), in its reasonable discretion, to permit the Account Holder to operate the TBS without the use of his T-PIN upon verifying the identity of the Account Holder in accordance with the Bank’s prevailing prescribed procedure at the time. (e) Notwithstanding and without prejudice to the other terms and conditions herein, the Bank shall be entitled, in its reasonable discretion, to refuse to act on all or any Service Instructions; and the Bank shall be entitled in its reasonable discretion to require written confirmation of the Account Holder’s Service Instructions (even where identified by the Account Holder’s TBS Access Code), and to refuse to act on any such Service Instructions unless and until such written confirmation is received by the Bank. (f) The use of any TBS and the TBS Access Code is also subject to the Bank’s terms and conditions governing the type of Account or facility of which the TBS may be operated in connection therewith and nothing in these terms and conditions shall be construed as amending or varying those terms and conditions. (g) The Bank shall at its reasonable discretion, be entitled to change, de- activate or revoke the use of the TBS Access Code at any time without giving any reason but with reasonable notice to the Account Holder.

  • Use of Data by User Registry Operator will permit user to use the zone file for lawful purposes; provided that (a) user takes all reasonable steps to protect against unauthorized access to and use and disclosure of the data and (b) under no circumstances will Registry Operator be required or permitted to allow user to use the data to, (i) allow, enable, or otherwise support the transmission by email, telephone, or facsimile of mass unsolicited, commercial advertising or solicitations to entities other than user’s own existing customers, or (ii) enable high volume, automated, electronic processes that send queries or data to the systems of Registry Operator or any ICANN-­‐accredited registrar.

  • Use of the Software licensed hereunder may require third party software or hardware (including but limited to databases, operating systems and servers). Unless specifically licensed in the Master Agreement, this Agreement does not contain a license to use such additional materials.

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