Modification of Special Conditions Sample Clauses

Modification of Special Conditions. (i) If the Contract Capacity set forth in Section 1.01(h) is greater than the Demonstrated Contract Capacity, (1) The Contract Capacity will be reduced to an amount equal to the Demonstrated Contract Capacity; (2) The Expected Annual Net Energy Production will be recalculated using the Installed DC Rating pursuant to the procedures in Exhibit K; and (3) The Performance Assurance Amount for the Performance Assurance required to be posted and maintained pursuant to Section 8.02 will be recalculated using such adjusted Contract Capacity, and any amount of Performance Assurance in excess of that required for the adjusted Contract Capacity will be returned to Seller. (ii) Neither Party will have any liability for failure to purchase or deliver Product associated with or attributable to capacity in excess of the Demonstrated Contract Capacity (“Unincluded Capacity”), subject to Section 3.06(h).
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Modification of Special Conditions. As of the Firm Operation Date: (i) If the Contract Capacity is greater than the Demonstrated Contract Capacity, (1) The Contract Capacity will be reduced to an amount equal to the Demonstrated Contract Capacity; (2) The Expected Annual Net Energy Production will be recalculated using the Installed DC Rating pursuant to the procedures in EXHIBIT K; and (3) Performance Assurance Amount for the Performance Assurance required to be posted and maintained pursuant to Section 8.02 will be recalculated using such adjusted Contract Capacity, and any amount of Performance Assurance in excess of that required for the adjusted Contract Capacity will be returned to Seller; and (ii) Neither Party will have any liability for failure to purchase or deliver Product associated with or attributable to capacity at the Site in excess of the Demonstrated Contract Capacity (“Unincluded Capacity”), subject to Section 3.06(h). For the avoidance of doubt a separate generating facility utilizing a separate CAISO Approved Meter on a separate site, adjacent to the Site does not count as Unincluded Capacity.
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Modification of Special Conditions. (a) If the Contract Capacity or a DER Contract Capacity, each as set forth in Section 1.01(h) is greater than the Demonstrated Contract Capacity or the applicable DER Demonstrated Contract Capacity, respectively, then:‌ (i) The Contract Capacity or DER Contract Capacity, as applicable, will be reduced to an amount equal to the Demonstrated Contract Capacity or the applicable DER Demonstrated Contract Capacity; (ii) The Expected Annual Net Energy Production will be recalculated using such adjusted Contract Capacity; and (iii) The Performance Assurance Amount for the Performance Assurance required to be posted and maintained pursuant to Section 8.03 will be recalculated using such adjusted Contract Capacity, and any amount of Performance Assurance in excess of that required for the adjusted Contract Capacity will be returned to Seller. (b) If the Installed DC Rating or the DER Installed DC Rating, each as set forth in Section 1.01(i) is greater than the Demonstrated Installed DC Rating or the DER Demonstrated Installed DC Rating, respectively, (i) The Installed DC Rating or the DER Installed DC Rating, as applicable, will be reduced to an amount equal to the Demonstrated Installed DC Rating or the DER Demonstrated Installed DC Rating, as applicable; (ii) The Expected Annual Net Energy Production will be recalculated using such adjusted Installed DC Rating; and (iii) The Performance Assurance Amount for the Performance Assurance required to be posted and maintained pursuant to Section 8.03 will be recalculated using such adjusted Installed DC Rating, and any amount of Performance Assurance in excess of that required for the adjusted Installed DC Rating will be returned to Seller. (c) Neither Party will have any liability for failure to purchase or deliver Product associated with or attributable to capacity in excess of the Demonstrated Installed DC Rating, the DER Demonstrated Installed DC Rating, the Demonstrated Contract Capacity, or the DER Demonstrated Contract Capacity (“Unincluded Capacity”), subject to Section 3.06(d).”. 20. Section 3.06(g) is deleted and replaced with the following: “Subject to Section 8.02(c)(i) and the Commercial Operation Date occurring on or before the Commercial Operation Deadline or any extended Commercial Operation Deadline as provided in this Agreement, if Seller demonstrates the full [Installed DC Rating specified in Section 1.01(i) and the full DER Installed DC Rating for each Distributed Energy Resource specified in Section ...
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Modification of Special Conditions. As of the Firm Operation Date: If the Contract Capacity is greater than the Demonstrated Contract Capacity, The Contract Capacity will be reduced to an amount equal to the Demonstrated Contract Capacity; The Expected Annual Net Energy Production will be recalculated using the Installed DC Rating pursuant to the procedures in EXHIBIT K; and Performance Assurance Amount for the Performance Assurance required to be posted and maintained pursuant to Section Ten.2 will be recalculated using such adjusted Contract Capacity, and any amount of Performance Assurance in excess of that required for the adjusted Contract Capacity will be returned to Seller; and Neither Party will have any liability for failure to purchase or deliver Product associated with or attributable to capacity in excess of the Demonstrated Contract Capacity (“Unincluded Capacity”), subject to Section Five.6(h).
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Modification of Special Conditions. As of the Firm Operation Date: (i) If the Contract Capacity is greater than the Demonstrated Contract Capacity, (1) The Contract Capacity will be reduced to an amount equal to the Demonstrated Contract Capacity; and (2) The Expected Annual Net Energy Production will be recalculated using such adjusted Contract Capacity. (ii) Within thirty (30) days after the Demonstration Hour, SCE shall provide Notice to Seller setting forth the adjusted Contract Capacity and Expected Annual Net Energy Production. (iii) Neither Party will have any liability for failure to purchase or deliver the Product associated with or attributable to generating capacity in excess of the Demonstrated Contract Capacity (“Unincluded Capacity”), subject to Section (e).
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Related to Modification of Special Conditions

  • – OTHER SPECIAL CONDITIONS ARTICLE I.9.1 INAPPLICABILITY OF THE NO-PROFIT PRINCIPLE

  • SPECIAL CONDITIONS In addition to the DFPS Grant Uniform Terms and Conditions, the Grantee agrees to comply with the following DFPS Grant Special Conditions.

  • Supplemental Conditions 1. All individuals involved, and all others who might possibly contribute to the acceptable adjustment of a grievance, are authorized and urged to testify with full assurance that no reprisal will follow by reason of such participation. 2. Upon the final determination of the grievance, the documents, communication and records, excepting a record of the grievance and the final adjustment thereof, and excepting records required by law to be kept and maintained, shall be destroyed. 3. At each step of the procedure, the grievant shall be entitled to be accompanied by legal counsel or any other parties the grievant may designate. 4. All grievance hearings shall be confidential. 5. All discussions and hearings shall be conducted at times other than when classes are in session during the school day. 6. It is the responsibility of the grievant to utilize the procedure for adjusting grievances as soon as he is aware of grievance. 7. Excluded from the grievance procedure shall be matters for which law mandates another method of review. 8. The filing of a formal grievance at all levels shall be in writing and shall be reasonably specific as to the nature of the complaint. The grievance should, to the extent possible, describe the alleged event or act giving rise to the grievance including the time, date, and place of the event or act and the names and addresses of any witnesses thereto. The grievant must file Grievance Report Form, Appendix "A". 9. Nothing in this grievance procedure shall be construed as prohibiting a grievant from seeking a judgment or ruling in a court of law. 10. The number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement. 11. In the event a grievance is filed at such time that it cannot be processed through all the steps in this grievance procedure by the end of the school year and if left unresolved until the beginning of the following school year could result in irreparable harm to the grievant, the time limit set forth herein shall be reduced so that the grievance procedure may be exhausted prior to the end of the school year or within a maximum of thirty (30) days thereafter. 12. If the Board or any of its administrative staff do not present a written decision within the time allotted after the grievance hearing, such failure to act shall be an admission that the grievance was justified and the grievant shall receive the remedy he is seeking.

  • Special Condition With respect to Liability to the Fund or its shareholders, and subject to applicable state and federal law, the Board Member shall be indemnified pursuant to this Section 1 against any Liability unless such Liability arises by reason of the Board Member’s willful misfeasance, bad faith, gross negligence, or reckless disregard of the duties involved in the conduct of his or her office as defined in such Section 17(h) of the Investment Company Act of 1940, as amended (“Disabling Conduct”).

  • ADDITION, DELETION OR MODIFICATION OF FUNDS The Parties hereto may agree, from time to time, to add other Funds to provide additional funding media for the Contracts, or to delete, combine, or modify existing Funds, by amending Schedule A hereto. Upon such amendment to Schedule A, any applicable reference to a Fund, AVIF, or its Shares herein shall include a reference to any such additional Fund. Schedule A, as amended from time to time, is incorporated herein by reference and is a part hereof.