Availability of Capacity Sample Clauses

The "Availability of Capacity" clause defines the obligation of a party, typically a service provider or utility, to ensure that a specified level of resources or service capacity is accessible to the other party. In practice, this clause may set minimum thresholds for service delivery, such as guaranteeing a certain bandwidth for internet services or a minimum volume of goods for supply contracts. Its core function is to provide assurance and predictability to the recipient, reducing the risk of shortages or service interruptions and clarifying expectations regarding resource availability.
Availability of Capacity. 11.1.1 The Transport of Goods will be provided to XXXX in terms of one or more Transnet Freight Rail’s rail categories, as selected by XXXX from time to time. It being recorded that as at the Signature Date the Transnet Freight Rail rail categories were: Mega Rail, Flexi Rail and Access Rail.
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Availability of Capacity. Capacity from the Authority’s Waterworks System shall be available to Authority Customers on a first-come, first-served basis. The Authority shall not reserve capacity for any Authority Customer.
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Availability of Capacity. Supplier undertakes to provide production facilities and production capacity for the manufacture and delivery of the Delivery Items in accordance with the specifications.
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Availability of Capacity. The parties acknowledge that sanitary sewerage is contemplated to be provided by the City for the North Geographic Sector and by Fox Metro Water Reclamation District for the South and West Geographic Sectors. The City shall provide the North Geographic Sector with sanitary sewer capacity of 1,990 P.E. or 199,000 gallons per day. In issuing new sanitary sewer permits, the following criteria shall be used to determine the presumed sanitary sewer usage for the proposed uses: Single Family Home 3.5 P.E./Unit or 350 gals/day/unit Age-Restricted SF 3.5 P.E./Unit or 350 gals/day/unit Condominium Unit 3.0 P.E./Unit or 300 gals/day/unit Efficiency or Studio Apartment 1.0 P.E./Unit or 100 gals/day/unit 1 Bedroom Apartment 1.5 P.E./Unit or 150 gals/day/unit 2 Bedroom Apartment 3.0 P.E./Unit or 300 gals/day/unit 3 Bedroom Apartment 3.0 P.E./Unit or 300 gals/day/unit Retail 0.06 gals/SF/day Restaurant 250 gals/seat/day Office 15 gals/person/shift
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Availability of Capacity. ‌ As a prudent, reasonable operator, GRTgaz will immediately inform the Shipper of a risk of delay in making the Allocated Capacity available. Under the Agreement, GRTgaz's global responsibility for any direct prejudice the Shipper can prove may in no event exceed the amount of five per cent (5%) of the Monthly Amount calculated on the basis of the first twelve (12) months of subscription (hereinafter the "Ceiling") and is exclusive of any other recourse, regardless of the nature, substance or terms of the action initiated against GRTgaz. Furthermore, GRTgaz may in no event be held liable for immaterial and indirect damage resulting from, caused by or related to this Agreement.
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Related to Availability of Capacity

  • Reservation and Availability of Capital Stock (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or other securities), the number of shares of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) that, as provided in this Agreement, including Section 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights. (b) So long as the shares of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) issuable and deliverable upon the exercise of the Rights may be listed on any national securities exchange, the Company shall use its best efforts to cause, from and after such time as the Rights become exercisable (but only to the extent that it is reasonably likely that the Rights will be exercised), all shares reserved for such issuance to be listed on such exchange upon official notice of issuance upon such exercise. (c) The Company shall use its best efforts to (i) file, as soon as practicable following the earliest date after the first occurrence of a Section 11(a)(ii) Event on which the consideration to be delivered by the Company upon exercise of the Rights has been determined in accordance with Section 11(a)(iii) hereof, a registration statement under the Securities Act, with respect to the securities purchasable upon exercise of the Rights on an appropriate form, (ii) cause such registration statement to become effective as soon as practicable after such filing, and (iii) cause such registration statement to remain effective (with a prospectus at all times meeting the requirements of the Securities Act) until the earlier of (A) the date as of which the Rights are no longer exercisable for such securities and (B) the Expiration Date. The Company will also take such action as may be appropriate under, or to ensure compliance with, the securities or “blue sky” laws of the various states in connection with the exercisability of the Rights. The Company may temporarily suspend, for a period of time not to exceed ninety (90) days after the date referenced in clause (i) of the first sentence of this Section 9(c), the exercisability of the Rights in order to prepare and file such registration statement and permit it to become effective. Upon any such suspension, the Company shall issue a public announcement stating that the exercisability of the Rights has been temporarily suspended, and the Company shall issue a public announcement at such time as the suspension has been rescinded. In addition, if the Company shall determine that a registration statement is required following the Distribution Date, the Company may temporarily suspend the exercisability of the Rights until such time as a registration statement has been declared effective. Notwithstanding any provision of this Agreement to the contrary, the Rights shall not be exercisable in any jurisdiction if the requisite qualification in such jurisdiction shall not have been obtained, the exercise thereof shall not be permitted under applicable law, or a registration statement shall not have been declared effective. (d) The Company covenants and agrees that it will take all such action as may be necessary to ensure that all one one-thousandths of a share of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) delivered upon exercise of Rights shall, at the time of delivery of such shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and non-assessable. (e) The Company covenants and agrees that it will pay when due and payable any and all federal and state transfer taxes and charges that may be payable in respect of the issuance or delivery of the Rights Certificates and of any certificates for a number of one one-thousandths of a share of Preferred Stock (or Common Stock and/or other securities, as the case may be) upon the exercise of Rights. The Company shall not, however, be required to pay any transfer tax that may be payable in respect of any transfer or delivery of Rights Certificates to a Person other than, or the issuance or delivery of a number of one one-thousandths of a share of Preferred Stock (or Common Stock and/or other securities, as the case may be) in respect of a name other than, that of the registered holder of the Rights Certificates evidencing Rights surrendered for exercise or to issue or deliver any certificates for a number of one one-thousandths of a share of Preferred Stock (or Common Stock and/or other securities, as the case may be) in a name other than that of the registered holder upon the exercise of any Rights until such tax shall have been paid (any such tax being payable by the holder of such Rights Certificates at the time of surrender) or until it has been established to the Company’s and the Rights Agent’s satisfaction that no such tax is due.

  • Availability of Services CBT agrees not to discontinue or refuse to provide any service provided or required hereunder other than in accordance with the terms of this Agreement, or unless required by the Commission.

  • Availability of Service We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet, cellular or other communications availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance of that fact. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.

  • Availability of Shares During the term of this Option, the Company shall reserve for issuance the number of shares of Common Stock required to satisfy this Option.

  • Availability of Information To make DHCS PI and PII available to the DHCS and/or 15 COUNTY for purposes of oversight, inspection, amendment, and response to requests for records, 16 injunctions, judgments, and orders for production of DHCS PI and PII. If CONTRACTOR receives 17 DHCS PII, upon request by COUNTY and/or DHCS, CONTRACTOR shall provide COUNTY and/or 18 DHCS with a list of all employees, contractors and agents who have access to DHCS PII, including 19 employees, contractors and agents of its subcontractors and agents.