INCUMBENT EXCESS CAPACITY Sample Clauses

INCUMBENT EXCESS CAPACITY. At any time and from time to time, Incumbent shall have the right to request in writing that PathNet serve as Incumbent's exclusive representative for the marketing and sale of all or any portion of the capacity allocated to Incumbent in accordance with the Channel Plan (the "INCUMBENT EXCESS CAPACITY"). Such written notice shall set forth, (i) that portion of the Incumbent Excess Capacity to be marketed and sold by PathNet, (ii) the length of time that such portion of the Incumbent Excess Capacity will be available to be marketed and sold, and (iii) that Incumbent acknowledges that such Incumbent Excess Capacity shall not be available for Incumbent's use during the time specified in such written notice. Upon receipt of such written notice PathNet shall serve as Incumbent's exclusive representative for the marketing and sale of such Incumbent Excess Capacity; PROVIDED, HOWEVER, that PathNet shall have the right, as determined by PathNet in its sole discretion, to sell the PathNet Excess Capacity on any path or Segment before selling the Incumbent Excess Capacity on such path or Segment.
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INCUMBENT EXCESS CAPACITY. At any time and from time to time, Incumbent shall have the right to request in writing that PathNet serve as Incumbent's exclusive representative for the marketing and sale of all or any portion of the capacity allocated to Incumbent in accordance with the Channel Plan (the "INCUMBENT EXCESS CAPACITY"). In the event PathNet sells any Incumbent Excess Capacity, PathNet shall receive a marketing fee [***] of the revenue generated from the sale of such Incumbent Excess Capacity actually collected, less any applicable deduction set forth in SECTION 9.12.1 and SECTION 9.12.2 [***] Incumbent Excess Capacity shall be marketed on a pro rata basis with PathNet Excess Capacity.
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Related to INCUMBENT EXCESS CAPACITY

  • 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.

  • Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.

  • 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.

  • Independent Capacity of Contractor The Contractor and Contractor Parties shall act in an independent capacity and not as officers or employees of the state of Connecticut or of the Agency.

  • How Do I Correct an Excess Contribution? If you make a contribution in excess of your allowable maximum, you may correct the excess contribution and avoid the 6% penalty tax under Section 4973 of the Internal Revenue Code for that year by withdrawing the excess contribution and its earnings on or before the due date, including extensions, of the tax return for the tax year for which the contribution was made (generally October 15th). Any earnings on the withdrawn excess contribution may be subject to a 10% early distribution penalty tax if you are under age 59½. In addition, in certain cases an excess contribution may be withdrawn after the time for filing your tax return. Finally, excess contributions for one year may be carried forward and applied against the contribution limitation in succeeding years.