Release of Capacity Sample Clauses

Release of Capacity. 3.2.1. Storage Capacity shall be deemed to be earmarked and reserved for exclusive utilization by the Authority, and the Concessionaire shall be entitled to receive payment of Fixed Storage Charges for Availability thereof in accordance with the provision of this Agreement 3.2.2. In the event that any part of the Storage Capacity is released or de-reserved with mutual consent, the same shall be deemed to be unutilized capacity (“the Unutilized Capacity”); The Concessionaire may, subject to the provisions of this Agreement, let out the Unutilized Capacity for storage of Food Grains belonging to third parties; provided that the revenues from use of Unutilized Capacity hereunder shall be subject to payment of Revenue Share under and in accordance with the provisions of Clause 3.2.4 and 3.2.5
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Release of Capacity. 12 4.6 Permitted By-Pass of the Chaco Plant...............................................................12 Article 5 QUALITY................................................................................................13 5.1 Committed Gas......................................................................................13 5.2 Residue Gas and Product............................................................................13
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Release of Capacity. (a) The parties and EQT acknowledge and agree that nothing in this Agreement or in the Precedent Agreement is intended to restrict EQT’s or its Affiliates’ ability to release some or all of its firm capacity on the Pipeline on a temporary basis under the capacity release provisions set forth in the Company’s FERC Gas Tariff, and the Buyer hereby confirms that it will not restrict EQT’s or its Affiliates’ ability to implement such releases of capacity provided that each such release is consistent with the Company’s FERC Gas Tariff at the time of the release. (b) The parties and EQT acknowledge and agree that a FERC-regulated interstate pipeline company is only required to allow a permanent release of firm capacity on its pipeline system when the pipeline company will be financially indifferent to the release (see Transcontinental Gas Pipeline Corp., 126 FERC ¶ 61,086, at P 7 (2009); Texas Eastern Transmission Corp., 82 FERC ¶ 61,118 order on reh’g, 83 FERC ¶ 61,092 (1998)), and if the Company chooses to make a filing with FERC to modify the Company’s FERC Gas Tariff to include the following provision with respect to requests for permanent releases of firm capacity on the Pipeline, EQT agrees that it will not oppose (and that it will cause each of its Affiliates to not oppose) such filing: “Big ▇▇▇▇▇ may refuse to allow a permanent capacity release if it has a reasonable basis to conclude that it will not be financially indifferent to the release.”
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Release of Capacity. Notwithstanding Section 4.1 or any other provision of this Agreement, to the extent all of the Chaco Plant or all of the Gathering System is permanently shut down or abandoned, the dedication of all Committed Gas and the dedication of capacity rights at the Chaco Plant shall be permanently released from the terms of this Agreement with no further obligation hereunder with respect to such capacity and this Agreement shall be terminated.
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Related to Release of Capacity

  • Assessment of capacity For the purpose of establishing the percentage of the rate to be paid to an employee under this Agreement, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either: (a) the employer and the union in consultation with the employee or, if desired by any of these; or (b) the employer and an accredited Assessor from a panel agreed by the parties to the Agreement and the employee.

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

  • Legal Capacity All parties to the Mortgage Note and the Mortgage had legal capacity to enter into the Mortgage Loan and to execute and deliver the Mortgage Note and the Mortgage, and the Mortgage Note and the Mortgage have been duly and properly executed by such parties. The Mortgagor is a natural person;

  • Stockholder Capacity No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding herein in his or her capacity as such director or officer. Stockholder signs solely in his, her or its capacity as the beneficial owner of the Subject Shares and nothing herein shall limit or prohibit Stockholder or any of its Representatives, in his or her capacity as an officer or director of the Company, from taking any action or failing to take any action in such 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.