Unused Capacity Clause Samples

Unused Capacity. The Carrier shall be entitled, at its own discretion, and without compensation but with no surcharge to the Charterer, to use any unused capacity of a flight, and any part of the flight schedule, unused by the Charterer.

Unused Capacity. Subject to contractual rights with respect to the Northern Transmission System, IPA may schedule the unused capacity of such System for transmission service for other utilities pursuant to procedures prescribed by the Operating Agent.

Unused Capacity. KAL reserves the absolute and sole rights to sell any unchartered space in the Chartered Aircraft to any other agency, person or entity. Any space in the Chartered Aircraft not utilized by the Charterer or passengers may be used by KAL, in its sole discretion, for the carriage of mail, cargo, KAL’s personnel and property, or for any other use, without diminution of the Charter Price agreed to as specified in Schedule 5, and any other charges and expenses.

Unused Capacity. Licensee and the City will annually review the use of the City Channels and, upon mutual agreement between Licensee and the City and an amendment to this License approved by the City Council, the City may relinquish one or more of the City Channels, the Education Channel or the Public Safety Channel to Licensee for any purpose as Licensee sees fit. In the event a City Channel, the Education Channel or the Public Safety Channel are unused for a period of 365 consecutive days, Licensee my request that the City relinquish the unused channel. Upon receipt of a request to relinquish a channel, the City Council may, in its sole discretion, (A) agree to relinquish the channel, or (B) agree to share use of the channel with Licensee under terms and conditions agreed to at that time.

Unused Capacity. If SVG does not order an amount of Products equal to one hundred percent (100%) of the Capacity from the SVG Exclusive Furnaces, SML may, subject to Section 3.5 and as limited by this Section 3.4, sell any unused Capacity to third parties for any purpose (such sales, "Third Party Sales"). Notwithstanding the foregoing, any unused Capacity in the SVG Exclusive Furnaces shall not, without the express written consent of SVG, be used for the production of cubes with a size [*] for sale to a third party for use in semiconductor lithography equipment. Any breach of the foregoing shall be cause for immediate termination of this Agreement.

Unused Capacity. Notwithstanding the foregoing, in the event Borrower elects not to pay the Standby Fee in connection with any Unused Capacity, the Commitment shall be permanently terminated with respect to such Unused Capacity.

Unused Capacity. In the event that a Contract User City makes application to lease Unused Capacity from other Contract Userscities, then the Review Committee shall review the existing flow rates for all CitiesContract Users. If at that time the Review Committee finds that the average flow for any City Contract User during any period of six consecutive months, exclusive of WWP periods, is less than 90% of that City’s Contract User’s allocated capacity, then the Review Committee may declare a portion of that Contract UserCity’s allocated capacity to be Unused Capacity The maximum amount of a City’s allocated capacity that may be declared to be Unused Capacity shall be determined by multiplying a City’s total allocated capacity by ninety percent (90%) and then subtracting that City’s average monthly flow during the preceding six consecutive month period exclusive of WWP periods, and then rounding to the nearest whole number of PCU’s to the nearest hundredth. Unused Capacity will be removed from the City’s allocated capacity until additional plant capacity is made available by expansion or other means and shall be assigned to the Unused Capacity Pool as described below. Unused capacity will be returned to a City when additional plant capacity is made available to all lease holders. A City may opt not to allow the reassignment of any portion of its allocated capacity to the Unused Capacity Pool, however, in this event, that City shall agree to work proactively with the other Contract Users Project Partners in good faith to expand the capacity of the WWTF.

Unused Capacity. Licensee may utilize unused capacity on the Licensor channels for any purpose under rules and procedures established by Licensor. Licensee and Licensor will annually review the use of the Licensor channels and, upon mutual agreement between Licensee and Licensor, Licensor may relinquish one or more of Licensor channels to Licensee for use as Licensee sees fit.

Unused Capacity. Shipper agrees, to the extent Shipper does not nominate or tender up to Shipper’s Maximum Daily Quantity on the Gathering System in any Month, Gatherer shall be free to utilize such unused capacity on the Gathering System for the provision of gathering and transportation services to other shippers, but only to the extent and duration of Shipper’s under-utilization of its capacity, without impacting the payment obligations of Shipper or any other obligations of Shipper, including, but not limited to Shipper’s obligations pursuant to Article III or otherwise crediting or paying Shipper in any manner. Nothing in this Section 7.2 shall operate to reduce or otherwise alter Shipper’s Maximum Daily Quantity.