XXX Xxxxxx Water Sample Clauses

XXX Xxxxxx Water. The YAN and the United States acting as trustee for the YAN shall have the right to delivery of XXX Xxxxxx Water from the X.X. Xxxxxx Dam and Reservoir through the Cragin-Verde Pipeline Project or the SRP-Cragin Pumping System pursuant to the severance and transfer described in Subparagraphs 8.3.1 and 8.3.2, for Use on the Reservation, YAN Trust Land, or YAN After-Acquired Trust Land, the sum of twenty-six and forty-five hundredths percent (26.45%) of water stored in the Allocation Capacity on May 1, plus twenty-six and forty-five hundredths percent (26.45%) of the amount of water Diverted from X.X. Xxxxxx Dam and Reservoir during the period from January 1 through April 30 of that year by SRP for its own Use, with a Maximum Diversion Amount not to exceed an average of 2910.26 AFY, up to a maximum of 3394.06 acre-feet in any given Year, and a Maximum Annual Depletion Amount not to exceed an average of 2910.26 AFY, up to a maximum of 3394.06 in any given Year. The average quantities described in the preceding sentence shall be calculated over the period of historical operation of X.X. Xxxxxx Dam and Reservoir, beginning in 1967. The Allocation Capacity used in computing the average quantities is subject to periodic adjustment for sedimentation as provided in the YAN-SRP Water Delivery and Use Agreement.
Sample 1
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XXX Xxxxxx Water. All XXX Xxxxxx Water delivered to the East Verde Delivery Point and all XXX Xxxxxx Water delivered to the YAN Delivery Point in any Year shall be counted as a Diversion and Depletion by XXX in such Year. Notwithstanding the foregoing, and in accordance with Subparagraph 12.5.1, the recovery and Use of credits recovered from the storage of XXX Xxxxxx Water and delivered to the YAN Delivery Point by Exchange pursuant to the YAN SRP Exchange Agreement shall not count as a Diversion or Depletion.
Sample 1

Related to XXX Xxxxxx Water

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

  • General All payments to be made by the Borrower shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than 2:00 p.m. on the date specified herein. The Administrative Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent after 2:00 p.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by the Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

  • Definitions For purposes of this Agreement:

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

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