CONTRACTOR’S CAPACITY Sample Clauses

CONTRACTOR’S CAPACITY. Nothing in this Contract constitutes the Contractor as an employee, servant or agent of the School Council nor is the Contractor authorised to incur nor shall the Contractor incur any debt or obligation on behalf of the School Council without the prior written consent of the School Council.
Sample 1Sample 2Sample 3See All (12)
AutoNDA by SimpleDocs
CONTRACTOR’S CAPACITY. The Contractor's capacity as referred to herein is defined to be the sustained load carrying ability of the Contractor's electric generating plants, whether owned or leased, at system load factor, less station use, as limited by transmission and substation facilities. The Contractor's capacity, insofar as practicable, will be initially determined by a test jointly conducted by the parties hereto immediately prior to initial service hereunder. Therefore, the Contractor's capacity shall be redetermined from time to time upon the request of the contracting officer by additional jointly conducted tests to the extent practicable, but such tests shall not be required more frequently than once in each 12 months unless a permanent changed condition is known to exist. When tests are impracticable, the capacities shall be determined by the contracting officer from the best information available. FF. Adjustments for Curtailments to service. Adjustments for curtailments to service for periods of one (1) hour or longer in duration each because of conditions on the power system of the United States, which system for the purpose of such adjustments hereunder shall include transmission facilities utilized but not owned by the United States, shall be made in the following manner in lieu of the procedure set out in Article K hereof: (1) Energy Charge and Monthly Minimum Xxxx Adjustment: The total number of hours of curtailed service in any billing period shall be determined by adding (1) the sum of the hours of interrupted service to (2) the product of: the number of hours of reduced service multiplied by the percentage of said reduction below the lesser of (a) the maximum rate of delivery then in effect, or (b) the obligation of the United States to deliver firm power and energy and/or secondary energy as established under the operating agreement entered into pursuant to the Auxiliary Power Service article hereof, or (c) the rate 5 <PAGE> GENERAL POWER CONTRACT PROVISIONS of delivery required by the Contractor at the time of such reduction. The kilowatt-hour blocks of the energy charge and the monthly minimum xxxx shall each be proportionately adjusted in the ratio that the total number of hours of such curtailed service as herein determined bears to the total number of hours in the billing period involved. (2) Demand or Capacity Charge and Minimum Annual Capacity Charge Adjustment: The total number of hours of curtailed service in any billing period shall be determined by...
Sample 1
CONTRACTOR’S CAPACITY. It is expressly understood that Contractor is an independent contractor and not the agent, partner, or employee of University. Contractor and Contractor's workers are not employees of University and are not entitled to tax withholding, Workers' Compensation, unemployment compensation, or any employee benefits, statutory or otherwise. Contractor is solely responsible for all employment related taxes due to the proper taxing authorities.
Sample 1
CONTRACTOR’S CAPACITY. The Contractor agrees to maintain or acquire sufficient legal, financial, technical and managerial capacity to (1) plan, manage, and complete the Project; (2) plan and carry out safety and security aspects of the project and (3) comply with the terms of the Approved Project Budget, the Project Schedules, and all applicable Federal laws, executive orders, regulations, directives, and published policies governing this Project. The most current FTA Master Agreement is hereby incorporated by reference and made part of this Agreement. The most current FTA Certifications and Assurances are included in Attachment H and must be signed by the Contractor. The Contractor is an independent contractor with the Department. This Agreement does not create any type of agency relationship, joint venture, or partnership between the Contractor and the Department. Any periodic plan and specification review, construction inspection, or compliance oversight performed by the Department arising out of the performance of this agreement does not relieve the Contractor of its duty in the performance of this agreement or ensure compliance with acceptable standards.
Sample 1
CONTRACTOR’S CAPACITY. The Contractor's capacity as referred to herein is defined to be the sustained load carrying ability of the Contractor's electric generating plants, whether owned or leased, at system load factor, less station use, as limited by transmission and substation facilities. The Contractor's capacity, insofar as practicable, will be initially determined by a test jointly conducted by the parties hereto immediately prior to initial service hereunder. Therefore, the Contractor's capacity shall be redetermined from time to time upon the request of the contracting officer by additional jointly conducted tests to the extent practicable, but such tests shall not be required more frequently than once in each 12 months unless a permanent changed condition is known to exist. When tests are impracticable, the capacities shall be determined by the contracting officer from the best information available.
Sample 1
CONTRACTOR’S CAPACITY. Nothing in this Agreement constitutes the Contractor as an employee, servant or agent of the Department nor is the Contractor authorised to incur nor shall the Contractor incur any debt or obligation on behalf of the Department without the prior written consent of the Department.
Sample 1

Related to CONTRACTOR’S CAPACITY

  • 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;

  • Sub-contractors Transfer Agent may, without further consent on the part of Customer, subcontract with other subcontractors for telephone and mailing services as may be required from time to time; provided, however, that the Transfer Agent shall be as fully responsible to the Customer for the acts and omissions of any subcontractor as it is for its own acts and omissions.

  • Contractors All LAUSD Contractors and their Representatives are expected to conduct any and all business affiliated with LAUSD in an ethical and responsible manner that fosters integrity and public confidence. A “Contractor” is any individual, organization, corporation, sole proprietorship, partnership, nonprofit, joint venture, association, or any combination thereof that is pursuing or conducting business with and/or on behalf of LAUSD, including, without limitation, consultants, suppliers, manufacturers, and any other vendors, bidders or proposers. A Contractor’s “Representative” is also broadly defined to include any subcontractors, employees, agents, or anyone else who acts on a Contractor’s behalf.

  • Power and Capacity Each Shareholder has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes each Shareholders’s valid, legal and binding obligation and is enforceable against such Shareholder in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights; SUNO — Corporate Status and Capacity

  • Subcontractors The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at xxxxxxx@xxx.xxxxxxxxx.xxx for information on certified small business enterprises available for subcontracting opportunities.

  • Individual Capacity The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Affiliates as though the Administrative Agent were not an Agent. With respect to the Loans made by it and all obligations owing to it, the Administrative Agent shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though it were not an Agent, and the terms “Required Lenders”, “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

  • Individual Capacities As a Lender, Bank of America shall have the same rights and remedies under the Loan Documents as any other Lender, and the terms “Lenders,” “Required Lenders” or any similar term shall include Bank of America in its capacity as a Lender. Agent, Lenders and their Affiliates may accept deposits from, lend money to, provide Bank Products to, act as financial or other advisor to, and generally engage in any kind of business with, Obligors and their Affiliates, as if they were not Agent or Lenders hereunder, without any duty to account therefor to any Secured Party. In their individual capacities, Agent, Lenders and their Affiliates may receive information regarding Obligors, their Affiliates and their Account Debtors (including information subject to confidentiality obligations), and shall have no obligation to provide such information to any Secured Party.

  • Title; Capacity During the Agreement Term, the Company will employ Executive as its Executive Vice President of Research & Development to perform the duties and responsibilities inherent in such position and such other duties and responsibilities consistent with such position as the Chief Executive Officer of the Company (the “CEO”) shall from time to time reasonably assign to him. On an annual basis, the Company’s Board of Directors (the “Board”) in consultation with Executive and the CEO, will set reasonably attainable, specific goals pursuant to the objectives of the Company as in effect from time to time. Executive shall report directly to the CEO and shall be subject to the supervision of, and shall have such authority as is delegated to Executive by, the CEO, which authority shall be sufficient to perform Executive’s duties hereunder. Executive will be based at the Company’s offices in San Diego, California. Subject to Section 4.3 below, the location of Executive’s employment is subject to change during the course of the Agreement Term as determined by the CEO in consultation with the Executive. Executive hereby accepts such employment and agrees to undertake the duties and responsibilities inherent in such position and such other duties as may be reasonably assigned to Executive. Executive shall devote substantially all of his business time, energies and attention in the performance of the foregoing services. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) performing services for such other companies as the Company may designate or permit, (ii) serving, with the prior written consent of the Board, which consent shall not be unreasonably withheld, as an officer or member of the boards of directors or advisory boards (or their equivalents in the case of a non-corporate entity) of non-competing businesses, (iii) serving as an officer or a member of charitable, educational or civic organizations, (iv) engaging in charitable activities and community affairs, and (v) managing Executive's personal investments and affairs; provided, however, that the activities set out in clauses (i) – (v) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of Executive's duties and responsibilities hereunder.

  • Corporate Capacity The Acquirer has the corporate power, capacity and authority to enter into and complete this Agreement;

  • Shareholder Capacity By executing and delivering this -------------------- Agreement, Shareholder makes no agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the Company. Shareholder signs solely in his capacity as the beneficial owner of Shareholder's Shares and nothing herein shall limit or affect any actions taken by Shareholder in his capacity as an officer or director of the Company or any subsidiary of the Company.

Time is Money Join Law Insider Premium to draft better contracts faster.