Capacity not available Sample Clauses

The 'Capacity not available' clause defines the procedures and consequences when a party is unable to provide the agreed-upon capacity or service level under a contract. Typically, this clause outlines the steps the affected party must take to notify the other party, any remedies or alternatives that may be offered, and the allocation of responsibility for any resulting shortfall. For example, if a supplier cannot deliver the full volume of goods or services due to unforeseen circumstances, this clause may specify whether the buyer can seek alternative sources or receive compensation. Its core function is to manage expectations and provide a clear process for addressing situations where contractual capacity commitments cannot be met, thereby reducing uncertainty and potential disputes.
Capacity not available. If the CDD notifies ▇▇▇▇▇ that Wastewater Service Capacity in the amount specified in the Capacity Request Notice is not currently available: (i) ▇▇▇▇▇ may amend its request (A) to specify a capacity amount that is in increments not less than 435,000 GPD, or a multiple thereof, without the express written consent of the CDD, (B) to specify a proposed capacity delivery date that is not less than 24 full calendar months after the date of delivery of such notice, and (C) to estimate the anticipated increase in the maximum wastewater flow rate in GPM. (ii) Upon receipt of the amended Capacity Request Notice, the CDD shall have 120 days to verify in writing whether a plant expansion to accommodate the requested increase in treatment capacity, the proposed delivery date, and the maximum wastewater flow rate are technically and economically feasible, including determining whether any adjustment to the CDD’s then-prevailing capacity rate per ERU is adequate to cover all design and construction costs of the proposed expansion. The written verification from the CDD to ▇▇▇▇▇ shall advise whether the requested increase in treatment capacity is technically and economically feasible, and if feasible, shall further advise the estimated date by which the requested capacity should be available and the total capacity payment that will be due for the expansion. (iii) If the CDD’s verification advises that the requested increase in treatment capacity is technically and economically feasible, ▇▇▇▇▇ shall have 60 days to confirm its request by tendering the capacity payment to the CDD. Upon receipt of the capacity payment in the amount specified in the CDD’s verification to ▇▇▇▇▇, the CDD shall commence design and construction of an amount of Wastewater Service Capacity, in MGD, as also specified in such verification.
View SourceView Similar (6)

Related to Capacity not available

  • FREQUENCY AND CAPACITY LEVELS No restriction on frequency, capacity or aircraft types

  • Local Circuit Switching Capability, including Tandem Switching Capability 4.2.1 Local circuit switching capability is defined as all line-side and trunk-side facilities, plus the features, functions, and capabilities of the switch. The features, functions, and capabilities of the switch shall include the basic switching function of connecting lines to lines, lines to trunks, trunks to lines, and trunks to trunks. Local circuit switching includes all vertical features that the switch is capable of providing, including custom calling, custom local area signalling service features, and Centrex, as well as any technically feasible customized routing functions. 4.2.2 Notwithstanding BellSouth’s general duty to unbundle local circuit switching, BellSouth shall not be required to unbundle local circuit switching for ▇▇▇▇ when ▇▇▇▇: (1) serves an End User with four (4) or more voice-grade (DS0) equivalents or lines served by BellSouth in Zone 1 of one of the following MSAs: Atlanta, GA;

  • Capacity as Lender The Person serving as the Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and such Person and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if it were not the Administrative Agent hereunder.

  • FLEXIBILITY TERM 19.1 Qube and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed. (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of ▇▇▇▇ and an Employee in relation to 1 or more of the matters mentioned in paragraph 19.1(a); and (c) the arrangement is genuinely agreed to by ▇▇▇▇ and Employee. 19.2 Qube must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 19.3 Qube must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Qube and Employee; and (c) is signed by ▇▇▇▇ and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of: (i) the terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 19.4 Qube must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 19.5 Qube or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if Qube and Employee agree in writing – at any time.

  • OPERATIONAL CAPABILITY Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor has the operational and financial capability to perform the Contract.