Incremental Capacity Reductions Clause Samples

Incremental Capacity Reductions. In order to comply with the terms of CPUC D. ▇▇-▇▇-▇▇▇, all Product procured by Buyer under this Agreement must be incremental to the CPUC Baseline List of Resources. During the Term, if a Governmental Authority determines that any portion of either the nameplate capacity of the Project as described in Appendix II, or the delivered Product is not incremental to the CPUC Baseline List of Resources (an “Incremental Capacity Reduction”), then Seller shall pay to Buyer liquidated damages in the amount of eighty dollars per kilowatt ($80/kW) of nameplate capacity (stated in kilowatts) that is determined to not be incremental (“Incremental Capacity Reduction Damages”). If there is an Incremental Capacity Reduction, Buyer will Notify Seller of the Incremental Capacity Reduction Damages, and Seller shall remit such sum to Buyer within ten (10) Business Days of its receipt of such Notice. Each Party agrees that the damages that ▇▇▇▇▇ would incur due to an Incremental Capacity Reduction would be difficult or impossible to predict with certainty, and the Incremental Capacity Reduction Damages are an appropriate approximation of such damages.
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Related to Incremental Capacity Reductions

  • Maximum Capacity The Sick Leave Bank shall accumulate unused Bank days from year to year to a maximum capacity which shall not exceed double the number of eligible employees as defined in the above Section C, Eligibility for Membership.

  • 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;

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

  • Individual Capacity The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Affiliates as though the Administrative Agent were not an Agent. With respect to the Loans made by it and all obligations owing to it, the Administrative Agent shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though it were not an Agent, and the terms “Required Lenders”, “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.