Upstream FM definition

Upstream FM as defined in Section ‎14.3.1;
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Upstream FM means any act, event or circumstance that is not reasonably within the control of and does not result from the fault or negligence of Seller, its Affiliates, or the operator of the affected Upstream Assets, that would not have been avoided or overcome by a Reasonable and Prudent Operator operating the affected Upstream Assets, and that, for at least seven (7) consecutive Days, results in the total daily quantity of Gas deliveries from the Upstream Assets prior to or at Liquid Trading Points being reduced from a quantity that was sufficient to meet or exceed the Threshold Quantity; where “Threshold Quantity” means a quantity equal to (a) the total daily quantity of feed Gas required at the Gas metering station of the Driftwood LNG Terminal to produce LNG for the Foundation Customers, multiplied by (b) one hundred five percent (105%). The non-availability or lack of economically obtainable gas reserves shall not constitute Upstream FM.
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Upstream FM means any act, event or circumstance that is not reasonably within the control of and does not result from the fault or negligence of Seller, its Affiliates, or the operator of the affected Upstream Assets, that would not have been avoided or overcome by a Reasonable and Prudent Operator operating the affected Upstream Assets, and that, for at least seven (7) consecutive Days, results in the total daily quantity of Gas deliveries from the Upstream Assets prior to or at Liquid Trading Points being reduced below a quantity equal to (a) the total daily quantity of feed Gas required at the Gas metering station of the Driftwood LNG Terminal to produce LNG for the Foundation Customers, multiplied by (b) one hundred five percent (105%). The non-availability or lack of economically obtainable gas reserves shall not constitute Upstream FM.
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Examples of Upstream FM in a sentence

  • Prior to resumption of normal performance, the Parties shall continue to perform their obligations under this Agreement to the extent not excused by such event of Force Majeure or event of Upstream FM.

  • The Term shall not be extended as a result of or by the duration of an event of Force Majeure or event of Upstream FM.

  • The operator of the affected Upstream Assets shall not have any obligation to purchase any Gas in order to overcome or mitigate the effects of an event of Upstream FM.

  • For clarity, neither Party shall be obligated to claim Force Majeure or Upstream FM (as applicable) in respect of any particular event or circumstance, and neither Party shall be restricted from ending its claim of Force Majeure or Upstream FM (as applicable) regardless of any particular event or circumstance.

  • For clarity, and without prejudice to Section ‎14.3.7, neither Party shall be obligated to claim Force Majeure or Upstream FM (as applicable) in respect of any particular event or circumstance, and neither Party shall be restricted from ending its claim of Force Majeure or Upstream FM (as applicable) regardless of any particular event or circumstance.

  • For clarity, and without prejudice to Section 14.3.7, neither Party shall be obligated to claim Force Majeure or Upstream FM (as applicable) in respect of any particular event or circumstance, and neither Party shall be restricted from ending its claim of Force Majeure or Upstream FM (as applicable) regardless of any particular event or circumstance.

  • Buyer’s election pursuant to this Section 14.3.4 in respect of a given Upstream FM Cargo shall be irrevocable.

  • The non-availability or lack of economically obtainable gas reserves shall not constitute Upstream FM.

  • If Buyer fails to notify Seller of Buyer’s election by the deadline specified in this Section 14.3.4 in respect of a given Upstream FM Cargo, then Buyer shall be deemed to have elected not to take the Upstream FM Cargo on a Henry Hub basis and shall not be entitled to take the Upstream FM Cargo.

  • Such notices shall thereafter be updated at least monthly during the period of such claimed Force Majeure or Upstream FM specifying the actions being taken to remedy the circumstances causing such Force Majeure.

Related to Upstream FM

  • Upstream means carrying a transmission to the Headend from remote points on the Cable System or from Interconnection points on the Cable System.

  • Downstream Affiliate means an entity whose outstanding Voting Shares were, at the date of issuance of the Qualifying Guarantee, more than 50 per cent. owned, directly or indirectly, by the Reference Entity.

  • Upstream Payment a Distribution by a Subsidiary of a Borrower to such Borrower.

  • Beam axis means a line from the source through the centers of the x-ray fields.

  • Downstream means carrying a transmission from the Headend to remote points on the Cable System or to Interconnection points on the Cable System.

  • Marijuana producer means a person who produces marijuana in this state.

  • Tetrahydrocannabinol means the same as that term is defined in § 3.2-4112.

  • Medical marijuana concentrate means a specific subset of Medical Marijuana that was produced by extracting cannabinoids from Medical Marijuana. Categories of Medical Marijuana Concentrate include Water-Based Medical Marijuana Concentrate, Food-Based Medical Marijuana Concentrate and Solvent-Based Medical Marijuana Concentrate.

  • Gathering System means that portion of Gatherer’s pipeline system, including all appurtenances thereto, related to the provision of gathering and transportation services provided by Gatherer pursuant to this tariff.

  • Marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.

  • Licensee Parties has the meaning ascribed to such term in Section 5.1.

  • Marijuana concentrate means any type of marijuana product consisting wholly or in part of

  • MPC means the Main Press Centre.

  • Digital Cross Connect System or "DCS" is a function which provides automated Cross Connection of Digital Signal Level 0 (DS0) or higher transmission bit rate digital channels within physical interface facilities. Types of DCS include but are not limited to DCS 1/0s, DCS 3/1s, and DCS 3/3s, where the nomenclature 1/0 denotes interfaces typically at the DS1 rate or greater with Cross Connection typically at the DS0 rate. This same nomenclature, at the appropriate rate substitution, extends to the other types of DCS specifically cited as 3/1 and 3/3. Types of DCS that cross connect Synchronous Transport Signal level 1 (STS-1 s) or other Synchronous Optical Network (SONET) signals (e.g., STS-3) are also DCS, although not denoted by this same type of nomenclature. DCS may provide the functionality of more than one of the aforementioned DCS types (e.g., DCS 3/3/1 which combines functionality of DCS 3/3 and DCS 3/1). For such DCS, the requirements will be, at least, the aggregation of requirements on the "component" DCS. In locations where automated Cross Connection capability does not exist, DCS will be defined as the combination of the functionality provided by a Digital Signal Cross Connect (DSX) or Light Guide Cross Connect (LGX) patch panels and D4 channel banks or other DS0 and above multiplexing equipment used to provide the function of a manual Cross Connection. Interconnection is between a DSX or LGX to a Switch, another Cross Connection, or other service platform device.

  • AMI means Area Median Income as defined by HUD.

  • Marijuana product means marijuana as defined in 50-32-101 and marijuana-infused products

  • Micro wireless facility means a small cell facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longer than 11 inches.

  • APC means the Ambulatory Payment Classification system under 42 CFR 419.31 used by Medicare for grouping clinically and resource-similar procedures and services.

  • Total tetrahydrocannabinol means the same as that term is defined in § 3.2-4112.

  • Unlicensed person means any person who is not a licensed dealer under this chapter.

  • Marijuana-infused products means products that contain marijuana or marijuana extracts and are intended for human use. The term "marijuana-infused products" does not include useable marijuana.

  • SDS means safety data sheets;

  • SRC means the Securities Regulation Code of the Philippines.

  • Natural channel design concepts means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.

  • In-stream Waste Concentration or "(IWC)" means the concentration of a discharge in the receiving water after mixing has occurred in the allocated zone of influence.

  • Power production activities means any business operation that involves a project commissioned by the government of Iran whose purpose is to facilitate power generation and delivery, including, but not limited to, establishing power-generating plants or hydroelectric dams, selling or installing components for the project, providing service contracts related to the installation or maintenance of the project, as well as facilitating such activities, including by providing supplies or services in support of such activities.