Allocated Contracts definition

Allocated Contracts means the long-term power purchase agreements operationally allocated to Utility under the Contract Allocation Order, without legal and financial assignment of such agreements to Utility, as provided in Schedule 1 attached hereto.

Allocated Contracts means (i) the Contracts to which Seller or an Affiliate of Seller (other than the Acquired Companies) is a party that are used or held for use exclusively in connection with the Business or that are listed on Section 1.1(b) of the Seller Disclosure Schedule; (ii) any renewals or replacement of those Contracts referred to in the preceding clause (i) that are entered into prior to the Closing in accordance with this Agreement; (iii) any vendor Contracts to which Seller or an Affiliate of Seller (other than the Acquired Companies) is a party, to the extent they relate exclusively to the Business and are entered into between the date hereof and the Closing in accordance with this Agreement; (iv) each Company Benefit Plan and (v) the Allocated IP Contracts and any renewals or replacements of any Allocated IP Contracts entered into prior to Closing in accordance with this Agreement.

Allocated Contracts means (i) the Contracts to which Seller or an Affiliate of Seller (including the Acquired Companies) is a party that are used exclusively in connection with the Business (other than any Excluded Assets) or that are listed on Schedule 1.1(b) ; (ii) any renewals or replacement of those Contracts referred to in the preceding clause (i) that are entered into prior to the Closing in accordance with this Agreement; (iii) any vendor Contracts to which Seller or an Affiliate of Seller (including the Acquired Companies) is a party, to the extent they relate primarily or exclusively to the Business and are entered into between the date hereof and the Closing in accordance with this Agreement (in each case other than any Contract that is a replacement or renewal of a Specified Contract (other than any Contract that is entered into at the request of or with the consent of Buyer Parent and pursuant to which such third party will provide goods or services to any Acquired Company following the Closing)); (iv) each Company Benefit Plan; and (v) the Allocated IP Contracts.

Examples of Allocated Contracts in a sentence

• It is the intent of DWR and Utility that the provisions of this Order shall not constitute an “assignment” of the Allocated Contracts as such term is used, and as provided, therein.

• Utility shall maintain accurate records and accounts relating to the Contracts in sufficient detail to permit DWR to audit and monitor the functions related to the Allocated Contracts to be performed by Utility, as contemplated under this Order.

• Utility agrees to perform the functions specified in this Order relating to the Allocated Contracts and Interim Contracts in a reasonable manner, exercising Good Utility Practice.

• On behalf of DWR Utility will perform certain day-to-day scheduling and dispatch functions, making surplus energy sales, billing and settlement and certain other tasks with respect to the Allocated Contracts, as more fully set forth in this Order.

• DWR is responsible for notifying the counter-party to each of the Allocated Contracts that scheduling under the Allocated Contracts will be performed by Utility before the first day that schedules are due to be submitted by Utility.

• DWR is responsible for notifying Utility of any changes to the Allocated Contracts that it has negotiated, including changes to the scheduling terms.

• Utility shall use good faith efforts to dispatch Allocated Contracts and, prior to novation, Interim Contracts, based on the principle of “least cost dispatch” to retail customers, consistent with the Contract Allocation Order and other Applicable Commission Orders.

• Such plan shall address sales of from the combined portfolio of URG resources and Allocated Contracts, which will be administered by Utility on its own behalf and acting as DWR’s limited agent.

• EXHIBIT C SETTLEMENT PRINCIPLES FOR REMITTANCES AND SURPLUS REVENUES DWR Surplus Energy Percentage shall be equal to the ratio of DWR Supply to the sum of Utility Supply and DWR Supply, expressed as follows: DWR Surplus Energy Percentage = DWR Supply / (Utility Supply + DWR Supply) Where: DWR Supply is total energy dispatched from DWR Allocated Contracts with adjustments for transmission losses.

• On behalf of DWR, as its limited agent, Utility will perform certain day-to-day scheduling and dispatch functions, billing and settlements and surplus energy sales and certain other tasks with respect to the Allocated Contracts and each Interim Contract, as more fully set forth in this Agreement.

More Definitions of Allocated Contracts

Allocated Contracts means (i) the Contracts to which Seller or an Affiliate of Seller (including the Acquired Companies) is a party that are used exclusively in connection with the Business (other than any Excluded Assets) or that are listed on Schedule 1.1(b); (ii) any renewals or replacement of those Contracts referred to in the preceding clause (i) that are entered into prior to the Closing in accordance with this Agreement; (iii) any vendor Contracts to which Seller or an Affiliate of Seller (including the Acquired Companies) is a party, to the extent they relate primarily or exclusively to the Business and are entered into between the date hereof and the Closing in accordance with this Agreement (in each case other than any Contract that is a replacement or renewal of a Specified Contract (other than any Contract that is entered into at the request of or with the consent of Buyer Parent and pursuant to which such third party will provide goods or services to any Acquired Company following the Closing)); (iv) each Company Benefit Plan; and (v) the Allocated IP Contracts.