Capacity Expansion. An increase in telecommunication channels a System is able to transmit, receive and transport above those created by the installation of the Initial System, achieved by an addition to or change in equipment.
Capacity Expansion. TRMC may at any time make a written request to TLO to increase the throughput capacity of any Segment or to construct any new pipelines between the SLC Refinery, the Storage Facility or any local third party terminals (a “Capacity Expansion”), and shall include in such written request the parameters and specifications of the requested Capacity Expansion. Upon the receiving such a request, TLO shall promptly evaluate the relevant factors related to such request, including, without limitation: engineering and design criteria, limitations affecting such Capacity Expansion and any related tankage, cost and financing factors and the effect of such Capacity Expansion on the overall operation of the Short Haul Pipelines. If TLO determines that such a Capacity Expansion is operationally and commercially feasible, TLO shall present a proposal to TRMC concerning the design of such Capacity Expansion, its projected costs and how such costs might be funded by or recovered from TRMC. If TLO determines that such a Capacity Expansion is not commercially or operationally feasible, it shall provide TRMC with an explanation of and justification for why it made such determination. If TLO notifies TRMC that the Capacity Expansion may be commercially and operationally feasible, the Parties shall negotiate reasonably and in good faith to determine appropriate terms and conditions for the Capacity Expansion, which shall include, without limitation, the scope of the Capacity Expansion, the appropriate timing for constructing the Capacity Expansion and a mechanism for TLO to recover its costs, plus a reasonable return on capital associated with such Capacity Expansion, which may include, without limitation, direct funding of all or part of the costs by TRMC, an increase in Transportation Fee and/or an increase in the Minimum Throughput Commitment.
Capacity Expansion. In the event that THPP proposes the construction or acquisition of any new pipeline with an intrastate North Dakota origin point which connects to the Pipeline System, the return to service of any pipeline with an intrastate North Dakota origin which connects to the Pipeline System inactive on the Commencement Date or the expansion or enhancement of the Available Capacity on any currently existing Segment (any of the foregoing, a “Capacity Expansion”), then: (A) THPP shall provide written notice to TRMC at least 180 days prior to the projected date of completion and first usable service for such Capacity Expansion (“Capacity Expansion Completion Date”), describing in reasonable detail the proposed Capacity Expansion and the projected timetable for such Capacity Expansion, including the projected Capacity Expansion Completion Date; (B) TRMC shall have the option, exercisable by written notice to THPP within 60 days after TRMC’s receipt of a Capacity Expansion Notice, to reserve up to 70% of such Capacity Expansion; and (C) in the event that TRMC so elects to reserve a portion of such Capacity Expansion, then (1) THPP shall provide TRMC with such periodic updates and information with respect to the Capacity Expansion as TRMC shall reasonably request and (2) on the actual Capacity Expansion Completion Date, the Minimum Throughput Commitment and Reserved Capacity for the affected Segments shall be increased by the number of bpd of the Capacity Expansion TRMC has elected to reserve. For any Capacity Expansion requiring the filing of any new tariff with the NDPSC, the provisions of Section 5(e)(ii) shall apply to the determination of the Committed Tariff Rate applicable to TRMC’s reserved portion of such Capacity Expansion. The proration provisions of the Rules Tariff shall apply so as to provide TRMC with priority for the adjusted Reserved Capacity as a shipper under a Committed Tariff, and TRMC shall be subject to proration as a shipper under an Uncommitted Tariff with respect to any portion of a Capacity Expansion not reserved by TRMC pursuant to this Section 2(b)(ii). Notwithstanding the foregoing, consistent with the terms of Section 2(a)(ii) above, unless otherwise expressly agreed in writing by TRMC, no Capacity Expansion shall (Y) reduce or restrict the right and ability of TRMC to ship at least the Minimum Throughput Commitment in the aggregate across all Segments from North Dakota origin points nominated by TRMC to the Pipeline System hub at Xxxx Cente...
Capacity Expansion. Membrane manufacturing capacity will be reviewed in accordance with a mutually agreed upon schedule during the Term of this Agreement, but no less often than annually. Entegris shall be responsible to review and report on the capacity of the Entegris Equipment and Millipore shall be responsible to review and report on the capacity of the Millipore Equipment. The results of these reviews will be discussed and documented for reference and to provide a basis for capacity expansion, as may be appropriate and agreed by the parties.
Capacity Expansion. 4. The Borrower shall cause MOR to ensure that all capacity expansion activities in southwestern region in the territory of the Borrower are completed with due consideration of their environmental and social safeguards in a timely manner. Sustainability
Capacity Expansion. The parties agree that PURCHASER's obligation to provide financing shall not exceed the same proportional financial commitment as its contribution to the cost of the Xxxxxxx #1 Capacity Expansion bears to the total cost of such expansion, and GENSIA SICOR shall be under no obligation to accept such financing."
Capacity Expansion. 7 2.9 Manufacturing Changes. . . . . . . . . . . . . . . . . . . . . . . 8 2.10 Price, Price Adjustments and Payment . . . . . . . . . . . . . . . 8 2.11 Audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.12
Capacity Expansion. It is the intent of the Owners to work cooperatively and in good faith to agree on expansions to the Pipeline Facilities that meet the objectives of both parties. Wherever the consent or the cooperation of either Owner is necessary or desirable in connection with a capacity expansion, that consent or cooperation shall not be unreasonably withheld, conditioned, or delayed. In the event an Owner (the “Expansion Owner”) wishes to expand the capacity of the Pipeline Facilities pursuant to this Section 3.7, the Expansion Owner shall give notice to the other Owner no less than one hundred twenty (120) days prior to the date on which the Expansion Owner reasonably anticipates the start of construction for such expansion. Such notice shall provide to the other Owner detailed information and an opportunity to review and comment regarding the proposed expansion in advance of undertaking any construction activity. The Parties shall negotiate in good faith the scope and components of the capacity expansion, the proportionate allocation of any capacity expansion, and the related allocation of costs. If the other Owner does not elect to participate in funding its proportionate share of the cost of any such expansion, the Expansion Owner shall be entitled to usage of all of the incremental transportation capacity resulting from such expansion of the Pipeline Facilities, but subject to the terms of this Agreement. Provided that the Expansion Owner complies with the terms of this Section 3.7 and Section 4.8, and notwithstanding anything in this Agreement to the contrary, the Expansion Owner may from time to time and at any time expand the capacity of the Pipeline Facilities. With respect to any expansion, (a) no such expansion shall materially impair the other Owner’s rights or interests with respect to the Pipeline Facilities or the services of the Operator; (b) the Expansion Owner shall keep the other Owner and the Operator informed regarding all material activities related to such expansion; (c) the Expansion Owner shall provide to the other Owner and the Operator in advance all design and engineering documents for the other Owner’s and the Operator’s review and comment; (d) the Expansion Owner shall coordinate all construction schedules and outages with the other Owner and the Operator; (d) the Expansion Owner shall perform or cause its contractors and vendors to perform all work and provide all services in accordance with applicable Federal, state, and local law, code...
Capacity Expansion. The Manufacturing working group of the JAC will discuss planning for Manufacturing capacity expansion, which may include the establishment and qualification of Sanofi or any of its Affiliates as a secondary source of supply of Product in accordance with the Supply Agreement.
Capacity Expansion. If Customer desires additional capacity in excess of Base Capacity after the initial order (“Additional Base Capacity”), Customer may add Additional Base Capacity to the Dell APEX Service during Customer’s Subscription Term by placing an order for same at least three (3) months before the end of Customer’s Subscription Term. If Customer purchased the Dell APEX Service from a Dell Channel Partner, Customer will cause its Dell Channel Partner to place an order with Dell at least three (3) months before the end of the Subscription Term. The Subscription Term for the Additional Base Capacity will be co-terminus with that of the Dell APEX Service to which it is being applied. Additional charges will apply for such Additional Base Capacity and will begin on the Activation Date for such Additional Base Capacity. If Customer utilizes the Additional Base Capacity after Deployment but prior to the Activation Date, this Service Offering Description and the APEX Agreement apply to the use of the Additional Base Capacity. If Customer desires Additional Base Capacity within three months of the end of the Customer’s Subscription Term, Customer will contact Customer’s sales representative or Customer’s Dell Channel Partner to renew Customer’s Subscription Term and order Additional Base Capacity.
