Incorrectly Allocated definition
Examples of Incorrectly Allocated in a sentence
To avoid doubt, this Clause 13.3 does not apply if the Distributor has already provided Notice to the Retailer that the relevant Load Group is Incorrectly Allocated under Clause 13.6.
Retailer request for reallocation of a Price Category if it considers a Price Category has been Incorrectly Allocated: Under this clause and clause 6.3.8, a Price Category is "Incorrectly Allocated" to an ICP only if the ICP was ineligible for the Price Category allocated by the Distributor based on the relevant information available to the Distributor at the time it made the allocation.
If the Retailer reasonably considers that a Load Group was Incorrectly Allocated, the Retailer will notify the Distributor of the reasons why it considers that the Load Group was Incorrectly Allocated and identify a Load Group that the Retailer considers should have been allocated to the ICP, which must be a Load Group for which the ICP is eligible.
Counsel does not know of any facts that by the consummation of this Agreement will (i) give rise to or cause any default under any of the terms, conditions or provisions of any note, bond, mortgage, indenture, license agreement, or any other instrument or obligation to which Buyer is a party or by which it or any of its properties or the Transferred Assets may be bound, or (ii) violate any court order, writ, injunction, or decree applicable to Buyer or any of its properties or the Transferred Assets.
If the Distributor does not consider that the Price Category has been Incorrectly Allocated, it will provide the reasons for its decision to the Retailer.
If the Retailer reasonably considers that a Price Category was Incorrectly Allocated, the Retailer Incorrectly Allocated and identify a Price Category that the retailer considers should have been allocated to the ICP, which must be a Price Category for which the ICP is eligible.
To avoid doubt, this clause 10.7 does not apply if the Retailer has already provided notice to the Distributor under clause 10.4 that the relevant Price Category has been Incorrectly Allocated.
If the Retailer, through such notice, demonstrates to the Distributor’s reasonable satisfaction that the Price Category has been Incorrectly Allocated, then the Distributor will advise the Retailer within 10 Working Days after receipt of the Retailer's notice that it agrees to allocate a different Price Category to the ICP (the “Corrected Price Category”).
If the Retailer reasonably considers that a Price Category was Incorrectly Allocated, the Retailer will notify the Distributor as soon as practicable of the reasons why it considers that the Price Category was Incorrectly Allocated and identify a Price Category that the Retailer considers should have been allocated to the ICP, which must be a Price Category for which the ICP is eligible.
S6.4.10 Application of Schedule 6.4.9: Schedule 6.4.9 does not apply if the Retailer has already provided notice to the Distributor in accordance with Schedule 6.4.6 that the relevant Price Category has been Incorrectly Allocated.