Unit Modifications Sample Clauses

Unit Modifications. Absent the written consent of Buyer, Seller shall not, and shall not permit any other Person to: (a) undertake any construction at or modification of the Unit(s) or the Project; or (b) modify the Capability of the Project (as compared to its Design Capability); or (c) take any other action that would, or may reasonably be expected to, impair, alter, expand or limit the ability of the Project to supply Energy Storage Services or the ability of Seller to provide the Energy Storage Services to Buyer in accordance with the terms of this Agreement and the Operational Limitations set forth in Appendix II. (d) Nothing in this Section 2.4 shall be deemed to limit or impair the ability of the Seller to perform or cause to be performed routine maintenance in the ordinary course of business, including those that may result in restoring applicable Design Capability, or Guaranteed Efficiency lost through degradation, subject to the provisions of Section 9.2. [Buyer note: subject to degradation rates, as applicable.]

Unit Modifications. Absent consent of the Buyer, which may be withheld or delayed until such time as the conditions specified in this Section 3.1(e) are satisfied, Seller shall not, nor permit any other Person to undertake any construction at, or modification of, a Unit or the Facility or increase, modify or decrease the Capacity [or modify or decrease the Heat Rate] of the Units that are committed to Buyer (as compared to its Design Capacity [and Guaranteed Heat Rate]); nor take any other action that would, or may reasonably be expected to, impair or limit the ability of a Unit to supply Products to the Buyer, the ability of the Buyer to purchase or receive Products from such Unit, the rights of the Buyer to full and exclusive rights to all of the Capacity of the Units, [the ability of the Buyer to deliver all Gas required for Scheduled Operations] or the ability of Seller to deliver any and all Products that the Unit is capable of producing, as set forth in Appendix II, as measured at the Electrical Delivery Point, including the full amount of the Monthly Contract Capacity. Buyer’s consent pursuant to this paragraph must be in writing and, in its sole discretion, Buyer may delay its consent until it determines whether, or withhold its consent if it determines that, the proposed change would impair or limit the ability of the Seller to supply and deliver Products from the Unit to the Buyer, the ability of the Buyer to purchase or receive Products from such Unit, or the Buyer’s full and exclusive rights to all of the Capacity of the Units or otherwise affect Buyer’s interests in the Unit. Nothing in this Section 3.1(e) shall be deemed to limit or impair the ability of the Seller, or require Buyer’s consent, to perform or cause to be performed routine maintenance or Major Maintenance overhauls in the ordinary course of business, including those that may result in restoring Design Capacity [or Heat Rate] lost through degradation. [For renewable facilities, omit the bracketed language. For agreements that are not tolling agreement, include the first two bracketed phrases and the last, but omit the third.]

Unit Modifications. Unit modifications are subject to the following procedures. 2.3.1 For the term of this Agreement, the District and Association agree that the unit defined in Section 2.2 is appropriate and that neither party will seek clarification or amendment of this unit. 2.3.2 Unit modifications can occur under the following conditions: 2.3.2.1 The District agrees that if it creates any new classifications during the term of this Agreement, the District shall notify the Association of its action, describing the class (es) created, number of positions and indicate whether the new class (es) is to be included in the bargaining unit or excluded from it. 2.3.2.2 Should there exist a dispute between the District and the Association as to the appropriateness of the newly created positions being included or excluded from the unit; the parties agree to submit the dispute to the Public Employment Relations Board for resolution.

Unit Modifications. Absent the written consent of Buyer, which may be withheld or delayed at Buyer’s sole discretion until such time as the terms of this Section 3.1(e) are satisfied, Seller shall not, and shall not permit any other Person to: (i) undertake any construction at or modification of the Unit(s) or the Facility; or (ii) modify the Capacity or the Heat Rate of the Units that are committed to Buyer (as compared to its Design Capacity and Guaranteed Heat Rate); or (iii) take any other action that would, or may reasonably be expected to, impair or limit the ability of a Unit to supply Products to the Buyer, the ability of the Buyer to make Gas available at the Gas Delivery Point, or the ability of Seller to deliver any and all Products that the Unit is capable of producing, as set forth in Appendix II, as measured at the Electrical Delivery Point, including the Maximum Contract Capacity. Nothing in this Section 3.1(e) shall be deemed to limit or impair the ability of the Seller to perform or cause to be performed routine maintenance in the ordinary course of business, including those that may result in restoring Design Capacity or Heat Rate lost through degradation, subject to the provisions of Section 3.8.

Unit Modifications. Upon the request of either party, modifications involving the movement of classifications from a SLOCEA represented unit to another SLOCEA represented unit shall be processed in accordance with the timeline and other provisions of the Employee Relations Policy, and may also be proposed and discussed as part of negotiations for a successor agreement.

Unit Modifications. Clarifications of and amendments to the bargaining unit as defined above shall be by mutual consent of the Board and the Union or, in case of a dispute, solely by determination of the Florida Public Employees Relations Commission. This shall in no way restrict the right of the College to create, abolish, reclassify and/or modify job duties, job descriptions or positions. However, the College shall notify the Union as soon as practical, of any such change and the Union shall have the right, if provided by law, to bargain the impact of such change. Consistent with sound management practice, the College may implement the proposed changes while impact bargaining is pending.

Unit Modifications. An owner must request approval for work to be done within a unit and is required to complete an Architectural Review form. No work may begin prior to appropriate approval. The form is available from Management or EHA website and must be submitted at least 30 days before work is contracted. Some approvals may require engineering or architectural evaluation and/or inspection at owner expense. Unauthorized renovations, alterations, installations and/or replacements will be at the risk of the owner or resident making them, not only for the cost, but also for future maintenance or restoring to the prior condition. Approval of the Architectural Review form does not waive the Association's easement of access for maintenance or repair of the Common Elements. Approvals are subject to obtaining required city permits and using licensed contractors. Owners must provide the Association with a copy of the vendor’s/contractor’s Certificates of Insurance before any work may be performed. Work must be carried out in a professional way and not obstruct maintenance or damage the common elements. Elevator Vestibule Modifications As alterations to Common Elements are subject to architectural review, modifications such as painting, wallpapering and ceiling/floor changes require Board approval. Owners may renovate and decorate their shared elevator vestibule, but owners of both units (not tenants) must agree, and the vestibule, fire doors and fire equipment must not be obstructed. A brief summary must be signed by both unit owners and be given to Management for approval before changes are undertaken. Owners/residents are bound by what has been agreed and are responsible for maintaining the vestibule. Board Approval