Adjustments to Power Price; ITC Eligibility Adjustment; Distribution Utility Upgrades Sample Clauses

Adjustments to Power Price; ITC Eligibility Adjustment; Distribution Utility Upgrades. The Parties acknowledge that the Power Price set forth in Exhibit B is based on certain assumptions by Provider, and that the Power Price may, if (and only if) either of the two assumptions provided in this Section 4(B) are inaccurate, require an adjustment to the Power Price following the Effective Date as follows: (1) Provider assumed that certain Civil Work required for the Project would be eighty percent (80%) eligible for the ITC. No later than the Notice to Proceed (as defined below), Provider shall provide to District a third-party assessment of the eligibility for the Civil Work. If the percentage of the Civil Work eligible for the ITC is less than sixty percent (60%), then District shall have the right to terminate this Agreement, without fault or liability to either Party, by providing notice thereof to Provider within ten (10) days following delivery by Provider of such assessment of ITC eligibility. If the Civil Work eligible for the ITC is less than eighty percent (80%), then Provider shall be entitled to a proportionate increase of the Power Price in an amount of $0.00073 /kWh for each additional $100,000 decrease in the Civil Work eligibility for the ITC. If the Civil Work eligible for the ITC is greater than eighty percent (80%), then District shall be entitled to a proportionate decrease of the Power Price in an amount of $0.00073 /kWh for each additional $100,000 increase in Civil Work eligibility for the ITC. (2) Provider assumed that the total amount of upgrades to be required by Distribution Utility in connection with the Project would not exceed $344,602. If the actual cost reasonably incurred by Provider for Distribution Utility Upgrades exceeds $344,602, then Provider shall be entitled to a proportionate increase of the Power Price in an amount of $0.00230/kWh for each additional $100,000 increase in cost. If the actual cost reasonably incurred by Provider for Distribution Utility Upgrades is less than $344,602, District shall be entitled to a proportionate decrease of the PPA rates in an amount of $0.00230/kWh per $100,000 decrease in cost.
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Related to Adjustments to Power Price; ITC Eligibility Adjustment; Distribution Utility Upgrades

  • Utility Adjustments Developer is responsible for causing, in accordance with the Project Schedule, all Utility Adjustment Work necessary to accommodate the design and construction of the Project. All Utility Adjustment Work performed by Developer shall comply with the Contract Documents. Developer shall coordinate, monitor, and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work timely, in coordination with the Work, and in compliance with the standards of design and construction and other applicable requirements specified in the Contract Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Section 13, Developer shall continue to be the responsible party to TxDOT for timely performance of all Utility Adjustment Work so that upon completion of the Work, all Utilities that might impact the Project or be impacted by it (whether located within or outside the Project ROW) are compatible with the Project. Developer agrees that: (a) the Price (as it may be modified hereunder) covers all of the Utility Adjustment Work to be furnished, performed or paid for by Developer, (b) it is feasible to obtain and/or perform all necessary Utility Adjustments within the time deadlines of the Contract Documents (as they may be modified pursuant to Section 13), and (c) the Price includes contingencies deemed adequate by Developer to account for the potential risks of additional costs and delays relating to Utility Adjustments, except to the extent that an adjustment to the Price is permitted under this Section 6.8 and in accordance with Section 13.

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

  • Section 754 Adjustments To the extent an adjustment to the adjusted tax basis of any Company asset, pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Regulations Section 1.704-1(b)(2)(iv)(m)(2) or 1.704-1(b)(2)(iv)(m)(4), to be taken into account in determining Capital Accounts as the result of a distribution to a Unit Holder in complete liquidation of such Unit Holder’s interest in the Company, the amount of such adjustment to Capital Accounts shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss shall be specially allocated to the Unit Holders in accordance with their interests in the Company in the event Regulations Section 1.704-1(b)(2)(iv)(m)(2) applies, or to the Unit Holder to whom such distribution was made in the event Regulations Section 1.704-1(b)(2)(iv)(m)(4) applies.

  • Payment and Year-End Adjustment Amounts accrued pursuant to this Agreement shall be payable to the Adviser as of the last day of each month. If necessary, on or before the last day of the first month of each fiscal year, an adjustment payment shall be made by the appropriate party in order that the actual Fund Operating Expenses of a Fund for the prior fiscal year (including any reimbursement payments hereunder with respect to such fiscal year) do not exceed the Maximum Annual Operating Expense Limit.

  • True-Up Adjustments From time to time, until the Retirement of the Recovery Bonds, the Servicer shall identify the need for True-Up Adjustments and shall take all reasonable action to obtain and implement such True-Up Adjustments, all in accordance with the following: