Diversion Event definition

Diversion Event means any event that will prevent the arrival and discharge of a nominated coal vessel in sufficient time to permit AES Hawaii to be continuously dispatched according to the terms of this Fuel Supply Protocol without interruption until a subsequent or replacement AES Hawaii coal vessel is expected to be loaded and arrive for discharge at Kalaeloa ▇▇▇▇▇▇’▇ Point Harbor.
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Diversion Event means any instance of Diversion that occurs on or after January 1, 2025 at a specific retail location in a specific city (or in the event that any such retail location is not inside the boundaries of a city, such smaller regional definition, such as a village, town or township) in a specific month; provided, that any instance of Diversion of the same Licensed Product at a specific retailer (which could include multiple retail locations of such retailer) in a specific city in a specific month shall be considered one (1) Diversion Event; provided, further that any instance of Diversion by a specific retailer online or via e-commerce channels shall be deemed an instance of Diversion at a specific retail location in a specific city. For illustration purposes, the sale or offer for sale of five (5) different Licensed Products on or after January 1, 2025 at a specific retailer in a specific city that is outside a Permitted Field in a specific month shall be considered five (5) Diversion Events, whereas an instance of a single Licensed Product being sold or offered for sale on or after January 1, 2025 at five (5) retail locations of the same retailer in the same city in the same month shall be considered one (1) Diversion Event. Similarly, the sale or offer for sale of five (5) different Licensed Products on or after January 1, 2025 by a specific retailer solely online or via e-commerce channels that is outside a Permitted Field in a specific month shall be considered five (5) Diversion Events, whereas an instance of a single Licensed Product being sold or offered for sale on or after January 1, 2025 by the same retailer solely online or via e-commerce channels in the same month shall be considered one (1) Diversion Event. Notwithstanding the foregoing, in no event shall the sale or offer for sale of any Licensed Product by or on behalf of (a) Kellanova or any member of its Group in the applicable geographic boundaries specified in Schedule 6 or (b) WKKC or any member of its Group in the applicable geographic areas specified in Schedule 6, in each case, constitute a Diversion Event.
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Diversion Event means an event where any Product is diverted to any country (or sub-jurisdictional unit specifically identified in any Agreement) outside of the applicable prescribed Territory in any manner by any Person (whether Licensee, any Affiliate of Licensee, any trading partner or Customer of the Product or other third party).
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Examples of Diversion Event in a sentence

  • The liquidated damages set out in this Section 10.2 shall be the sole and exclusive monetary remedy of a Harmed Party in respect of a Diversion Event by a Diversion Party that is otherwise compliant with Section 10.1.

  • All costs of a diversion audit in connection with a known or suspected Diversion Event shall be paid by Licensee.

  • The obligation of Licensee to pay damages described in this section is (i) absolute and indefeasible adosend (ii) not contingent on any showing of willfulness on the part of any party (including Licensee) in connection with any Diversion Event.

  • By: /s/ Jon Northrop Date: November 13, 1997 ------------------------ --------------------- Authorized Officer (signature) Jon Northrop --------------- print name of off▇▇▇▇ Void after 3:30 p.m., Denver Time, on JUNE 30, 1998 Warrant to Purchase _______ Shares of Common Stock CLASS B WARRANT TO PURCHASE COMMON STOCK OF BION ENVIRONMENTAL TECHNOLOGIES, INC.

  • The obligation of Licensee to pay damages described in this section (i) is absolute and indefeasible and (ii) is not contingent on any showing of willfulness on the part of any party (including Licensee) in connection with any Diversion Event.

  • A Diversion Party shall promptly notify the Party affected by the Diversion Event (“Harmed Party”) of the Diversion Event and, upon request from the Harmed Party, the Diversion Party shall provide reasonable documentation of such Party’s investigation into the root cause, duration and scope of any such Diversion Event.

  • With respect to each Project, (i) no event, condition or circumstance that has had, or could reasonably be expected to have, a Material Adverse Effect has occurred and is continuing and (ii) no Cash Diversion Event has occurred and is continuing and there are no facts, events or circumstances on the Closing Date that could reasonably be expected to give rise to a Cash Diversion Event.

  • No Cash Diversion Event has occurred and is continuing and there are no facts, events or circumstances on the date this representation is made or deemed repeated that could reasonably be expected to give rise to a Cash Diversion Event.

  • Any Excess Losses attributable to any Mortgage Loan shall be allocated among all the Certificates (other than the Class XS Certificates) on a PRO RATA basis including in the event of a Cross- Collateralization Event, to the extent of the Class A-2 Cross-Collateralization Entitlement Amount and Class PO Cross-Collateralization Entitlement Amount and in the event of any Prepayment Diversion Event, to the extent of the Class B-6 Certificates' entitlement to principal in Sub-Pool 2.

  • In addition to the regular audits described above, in the event of a known or suspected Diversion Event, Gilead shall be entitled to conduct an audit of Licensee’s orders, books, records, facilities, and other information (including but not limited to interviews with employees of Licensee) to the extent relating to the Diversion Event at issue.


More Definitions of Diversion Event

Diversion Event means any instance of Diversion at a specific retail location in a specific city (or in the event that any such retail location is not inside the boundaries of a city, such smaller regional definition, such as a village, town or township) in a specific month; provided, that any instance of Diversion of the same Licensed Product at a specific retailer (which could include multiple retail locations of such retailer) in a specific city in a specific month shall be considered one (1) Diversion Event. For illustration purposes, the sale or offer for sale of five (5) different Licensed Products at a specific retailer in a specific city that is outside a Permitted Field in a specific month shall be considered five (5) Diversion Events, whereas an instance of a single Licensed Product being sold or offered for sale at five (5) retail locations of the same retailer in the same city in the same month shall be considered one (1) Diversion Event. Notwithstanding the foregoing, in no event shall the sale or offer for sale of any Licensed Product by or on behalf of (a) Kellanova or any member of its Group in the applicable geographic boundaries specified in Schedule 6 or (b) WKKC or any member of its Group in the applicable geographic areas specified in Schedule 6, in each case, constitute a Diversion Event.
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Diversion Event shall have the meaning specified in Section 5.2.1.
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Related to Diversion Event

  • Exclusion Event means an event or related events resulting in the exclusion of the Borrower or any Subsidiary from participation in any Medical Reimbursement Programs.

  • Conversion Event means the cessation of use of (i) a Foreign Currency (other than the ECU or other currency unit) both by the government of the country which issued such currency and for the settlement of transactions by a central bank or other public institutions of or within the international banking community, (ii) the ECU both within the European Monetary System and for the settlement of transactions by public institutions of or within the European Communities or (iii) any currency unit (or composite currency) other than the ECU for the purposes for which it was established.

  • Realization Event means (i) the consummation of a Sale of the Company; or (ii) any transaction or series of related transactions in which the Investor sells at least 50% of the Shares directly or indirectly acquired by it (from the Company or otherwise) and at least 50% of the aggregate of all Investor Investments.

  • Suspension Event shall have the meaning given in Section 3.4 of this Agreement.

  • Disposition Event means any merger, consolidation or other business combination of the Corporation, whether effectuated through one transaction or series of related transactions (including a tender offer followed by a merger in which holders of Class A Common Stock receive the same consideration per share paid in the tender offer), unless, following such transaction, all or substantially all of the holders of the voting power of all outstanding classes of Common Stock and series of Preferred Stock that are generally entitled to vote in the election of Directors prior to such transaction or series of transactions, continue to hold a majority of the voting power of the surviving entity (or its parent) resulting from such transaction or series of transactions in substantially the same proportions as immediately prior to such transaction or series of transactions.