Water Levels Sample Clauses

Water Levels. LESSEE hereby waives any and all claims on the part of the LESSEE, which may arise or be incident to regulation of water levels associated with the Premises by the LESSOR and/or the U.S. Army Corps of Engineers, so long as such regulation is in accordance with the rules and regulations applicable thereto.
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Water Levels. Water levels along the Rat and Burntwood Rivers for the existing conditions from the Notigi Control Structure to the City of Xxxxxxxx are shown in Schedule 4.7. The estimated open water levels for the proposed developed condition for the same route are also shown in Schedule 4.7.
Sample 1
Water Levels. LESSEE hereby acknowledges that the level of the Green River may fluctuate either naturally or due to management activities of the State of Utah, and LESSEE covenants that its use of the permitted land will not limit or interfere with the state's activities or programs to control, influence or manage the bed of the Green River, including but not limited to the control or management of the level of the same.
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Water Levels. LESSEE hereby acknowledges that the level of the Jordan River may fluctuate either naturally or due to management activities of the State of Utah, and LESSEE covenants that its use of the permitted land will not limit or interfere with the state's activities or programs to control, influence or manage the bed of the Jordan River, including but not limited to the control or management of the level of the same. In connection with the DIVISION’s activities to control, influence or manage the bed of the Jordan River as described herein, the DIVISION agrees to coordinate and cooperate with LESSEE, including providing reasonable notice prior to any activity by the DIVISION that may impact LESSEE’s ability to use and divert its water rights for the reliable operation of the Xxxxxx Power Plant. The DIVISION agrees to conduct such activities in a manner that do not unreasonably interfere with LESSEE’s use of the water diversion structure and diversion of water to the Xxxxxx Power Plant, or to LESSEE’s water right number 59-704.
Sample 1
Water Levels. It is critical that monitoring systems are properly designed. When establishing monitoring xxxxx it is important to review the distribution of the xxxxx with respect to the extent of the groundwater basin and the aquifer zones present in each main area. A proper distribution of xxxxx provides groundwater level data that represents natural static water levels that are not influenced by transient conditions. When establishing xxxxx for a water resources planning, it is important to consider the following: • Xxxxx included in a groundwater measuring program should be located evenly in a groundwater basin, both horizontally and vertically. • Selected xxxxx should not pump frequently. • Program xxxxx should not be within 1,000 feet of a high producing well. • Xxxxx should not be within 1,000 feet of other xxxxx that tap the same aquifer. • Two xxxxx that tap different aquifers may be located in close proximity to each other without producing redundant monitoring data. • There should be separate program xxxxx for basins that tap different aquifers. Monitoring well distribution should be based on population density and projected population growth, and on current and projected land use because of the greater well pumping impacts in these areas. Groundwater elevation contour maps are widely used in hydrogeologic studies and are used to determine groundwater flow direction and volumes of groundwater in storage. These maps require a minimum of three xxxxx (completed within the same aquifer). For smaller ground groundwater basins it may be unreasonable to have three xxxxx and just one well may suffice. Basins and areas within basins previously identified as having declining or rising water levels due to changes in land use should have xxxxx evenly located horizontally and vertically in a basin in order to map the changes of groundwater in storage in those areas. Water levels in each aquifer should be measured, particularly for aquifers that are used for water supplies. One, centrally located, well is acceptable for small groundwater basins if resources are limited, more might be appropriate for larger basins.
Sample 1
Water Levels. Water levels are shown on the Contract Drawings for the general information and convenience of Tenderers and are based on published reports. Notwithstanding, the Tenderer's attention is drawn to the fact that water level oscillations of various durations and amplitudes are common on Lake Huron due to different natural causes. The Tenderer will obtain all the information on the water levels they deem necessary for their proper assessment of the effect the water levels may have on the work and its progress and completion. No claims or changes in the plans, arising out of variations in the water level during construction or out of the variation between the actual water levels and those shown on the drawings, will be allowed.
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Water Levels. Declarant shall have the right to raise and lower the water levels of bodies of water contained within, or abutting, the Property; subject, however, to orders of the Board of Water Commissioners of the City of St. Xxxx, which has certain rights regarding said water levels which are recognized as superior to those of Declarant or other private corporations. All or portions of the Property may be subject to rights of the City of St. Xxxx and the Board of Water Commissioners of the City of St. Xxxx relative to flowage and water levels, and to easements for conduits and other works, and access for construction and maintenance of structures and clearance of weeds and obstructions, and for other purposes as provided in the following instrument: Deed and Agreement dated July 12, 1951, recorded in Book 1411 of Deeds, page 46.
Sample 1
Water Levels. Measuring Water Levels in Streams Measuring Water Levels in Streams Measuring Water Levels in Lakes and Reservoirs
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Related to Water Levels

  • Staffing Levels To the extent legislative appropriations and PIN authorizations allow, safe staffing levels will be maintained in all institutions where employees have patient, client, inmate or student care responsibilities. In July of each year, the Secretary or Deputy Secretary of each agency will, upon request, meet with the Union, to hear the employees’ views regarding staffing levels. In August of each year, the Secretary or Deputy Secretary of Budget and Management will, upon request, meet with the Union to hear the employees’ views regarding the Governor’s budget request.

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  • Mileage Measurement Where required, the mileage measurement for LIS rate elements is determined in the same manner as the mileage measurement for V&H methodology as outlined in NECA Tariff No. 4.

  • Number Resources, Rate Center Areas and Routing Points 8.1 Nothing in this Agreement shall be construed to limit or otherwise adversely affect in any manner either Party’s right to employ or to request and be assigned any Central Office Codes (“NXX”) pursuant to the Central Office Code Assignment Guidelines and any relevant FCC or Commission orders, as may be amended from time to time, or to establish, by Tariff or otherwise, Rate Center Areas and Routing Points corresponding to such NXX codes. 8.2 It shall be the responsibility of each Party to program and update its own switches and network systems pursuant to information provided in the LERG in order to recognize and route traffic to the other Party’s assigned NXX codes. Except as expressly set forth in this Agreement, neither Party shall impose any fees or charges whatsoever on the other Party for such activities. 8.3 Unless otherwise required by Commission order, the Rate Center Areas will be the same for each Party. During the term of this Agreement, Onvoy shall adopt the Rate Center Area and Rate Center Points that the Commission has approved for Frontier within the LATA and Tandem serving area. Onvoy shall assign whole NPA-NXX codes to each Rate Center Area unless otherwise ordered by the FCC, the Commission or another governmental entity of appropriate jurisdiction, or the LEC industry adopts alternative methods of utilizing NXXs. 8.4 Onvoy will also designate a Routing Point for each assigned NXX code. Onvoy shall designate one location for each Rate Center Area in which the Onvoy has established NXX code(s) as the Routing Point for the NPA-NXXs associated with that Rate Center Area, and such Routing Point shall be within the same LATA as the Rate Center Area but not necessarily within the Rate Center Area itself. Unless specified otherwise, calls to subsequent NXXs of Onvoy will be routed in the same manner as calls to Xxxxx’s initial NXXs. 8.5 Notwithstanding anything to the contrary contained herein, nothing in this Agreement is intended, and nothing in this Agreement shall be construed, to in any way constrain Onvoy’s choices regarding the size of the local calling area(s) that Onvoy may establish for its Customers, which local calling areas may be larger than, smaller than, or identical to Frontier’s local calling areas.

  • Performance Levels (a) The Performance Levels which apply to the performance by the respective Parties of their obligations under this Agreement are set out in Part 1 of Schedule 5. A failure by either Party to achieve the relevant Performance Level will not constitute a breach of this Agreement and the only consequences of such failure as between the Parties shall be the consequences set out in this Clause 6.6. (b) If the Operator does not comply with the Operator Performance Level then the Operator must pay to Aurizon Network the amount determined in accordance with Schedule 5 as part of the invoice issued by Aurizon Network for charges for the Billing Period immediately following Aurizon Network becoming entitled to that amount. Where there is no next Billing Period, the Operator must pay such amount to Aurizon Network within fourteen (14) days after receipt of a Tax Invoice from Aurizon Network. (c) If Aurizon Network does not comply with the Aurizon Network Performance Level then Aurizon Network will credit to the Operator the amount determined in accordance with Schedule 5 by way of a deduction from the invoice issued by Aurizon Network for Access Charges and other charges for the Billing Period immediately following the Operator becoming entitled to that amount. Where there is no next Billing Period, Aurizon Network must pay such amount to the Operator within fourteen (14) days after receipt of a Tax Invoice from the Operator. (d) The Parties must, if requested by either Party, meet to review the Performance Levels subject to such review not occurring within six (6) Months after the Commitment Date or any previous review of the Performance Levels. If either Party notifies the other that it considers that the Performance Levels are no longer appropriate, the Parties may, but only with the written consent of the relevant End User, agree on varied Performance Levels and any associated variations to the Agreement including [the Base Access Charges and]

  • Performance Expectations The Charter School’s performance in relation to the indicators, measures, metrics and targets set forth in the CPF shall provide the basis upon which the SCSC will decide whether to renew the Charter School’s Charter Contract at the end of the charter term. This section shall not preclude the SCSC from considering other relevant factors in making renewal decisions.

  • Baseline For purposes of measuring a reduction in net tax revenue, the interim final rule measures actual changes in tax revenue relative to a revenue baseline (baseline). The baseline will be calculated as fiscal year 2019 (FY 2019) tax revenue indexed for inflation in each year of the covered period, with inflation calculated using the Bureau of Economic Analysis’s Implicit Price Deflator.163 FY 2019 was chosen as the starting year for the baseline because it is the last full fiscal year prior to the COVID– 162 See, e.g., Tax Policy Center, How do state earned income tax credits work?, https:// xxx.xxxxxxxxxxxxxxx.xxx/xxxxxxxx-xxxx/xxx-xx- state-earned-income-tax-credits-work/ (last visited May 9, 2021).

  • SYSTEM PERFORMANCE REQUIREMENTS Certain functions of the Platform are subject to the service level agreement described in the Agreement. The following additional terms apply to Electronic Communication Services (as defined below). Such terms control in the event of a conflict with the terms of the Agreement. 1. These terms apply only to NCR Voyix’s provision of electronic communication services, such as NCR Voyix Pulse Real Time Text Paging, certain NCR Voyix online ordering functionalities and NCR Voyix Consumer Marketing (collectively, “Communication Services”). The Communication Services may enable you to send communications to your patrons, end-users or other recipients (collectively, “Recipients”), including e-mails, text messages or other electronic messages (collectively, “Communications”). Communications may be routed through wireless or mobile carriers, internet service providers or other communication service providers (each, a “CSP”). 2. You are entirely responsible for your use of the Communication Services, including, but not limited to: (a) proper account setup and configuration settings; (b) obtaining consents or opt-ins from Recipients to receive Communications; (c) compliance with requests to opt-out or unsubscribe from Communications; (d) providing all required disclosures; and (e) use of valid phone numbers, e-mail addresses or other communications identifiers as appropriate for the particular type of Communication. You are responsible for compliance with (i) all laws, rules, regulations and ordinances (including, without limitation, the Telephone Consumer Protection Act, the Federal Trade Commission Act, and the CAN-SPAM Act) and (ii) all industry standards and CSP requirements and policies (including, without limitation, all “S.H.A.F.T” rules and similar standards), in each case, as applicable to your use of the Communication Services or the conduct of your business (collectively, “Applicable Legal Requirements”). You will not use the Communication Services in violation of Applicable Legal Requirements or to engage in any illegal or unethical activity. You are solely responsible for the content and accuracy of your Communications and any products or services offered for sale therein. You will not send any misleading, inaccurate, threatening, libelous, obscene, harassing, or offensive Communication. If NCR Voyix provides images or other materials as part of the Communication Services, you may only use them for your permitted use of the Communication Services. Further, you may not use any third-party or purchased e-mail list(s) in connection with the Communication Services. NCR Voyix may immediately suspend or terminate your use of the Communication Services if you breach any obligation under this Section. You agree to immediately report any violation of this Section to NCR Voyix and provide cooperation, as requested by NCR Voyix, to investigate and/or remedy that violation. You are responsible for any and all charges (including, but not limited to, fees associated with text or email messaging) imposed by your CSP. Message and data rates may apply. Such charges include those from your mobile carrier or other CSP. 3. Communications may not be encrypted, so you should use appropriate care when determining the content of any Communications. Delivery and receipt of Communications may be delayed or impacted by technical or other issues with CSPs or other third parties or due to other reasons outside of NCR Voyix’s control. NCR Voyix will not be liable for any losses or damages arising from the disclosure of any Communication to any third party or the non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, any Communication sent via the Communication Services. 4. You will indemnify, defend and hold harmless NCR Voyix and its affiliates, suppliers, agents and representatives against any and all claims, losses, costs, fines, fees, liabilities or obligations arising from: (a) your use of the Communication Services or the conduct of your business; or (b) your violation of Applicable Legal Requirements. The indemnified parties hereunder are intended third-party beneficiaries of this Section.

  • Level Three Director of Elementary or Secondary Education or the Administrator responsible under the superintendent’s level or his/her designee. In the event a grievance has not been satisfactorily resolved at the second level, the aggrieved employee shall file, within five (5) working days of the principal’s or immediate supervisor’s written decision at the second level, a copy of the grievance with the Director of Elementary or Secondary Education or the Administrator responsible under the superintendent’s level or his/her designee. Within ten (10) working days after such written grievance is filed the aggrieved and the Director of Elementary or Secondary Education or the Administrator responsible under the superintendent’s level or his/her designee shall meet to resolve the grievance. The Director of Elementary or Secondary Education or the Administrator responsible under the Administrator responsible under the superintendent’s level or his/her designee shall file an answer within ten (10) working days of the third level grievance and communicate it in writing to the employee and the principal or immediate supervisor.

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit G), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

Most Referenced Clauses

Most Referenced Definitions