Quantity Determinations Sample Clauses

Quantity Determinations. (a) The amount of Contract Energy and Storage Energy that is recognized by the Balancing Authority applicable to the Injection Portion as being actually generated or produced by the Generating Facility and Storage Facility, respectively, and delivered to the Injection Point for settlement purposes shall be deemed to be the amount of Contract Energy and Storage Energy actually generated or produced by the Generating Facility and Storage Facility, respectively, and injected at the Injection Point for all purposes of this Agreement. Without limiting Section 4.6, and for the avoidance of doubt, such amount shall not include any quantity of Energy that such Balancing Authority credits to the Facility for settlement purposes (e.g., pursuant to a day-ahead dispatch schedule) but that was not actually generated by the Facility (e.g., imbalance or real-time energy provided by such Balancing Authority).
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Quantity Determinations. (a) The amount of Contract Energy and Storage Energy that is recognized by the Balancing Authority applicable to the [Electric Interconnection Point]68 69[Injection Portion]70 as being actually generated or produced by the Generating Facility and Storage Facility, respectively, and delivered to the [Electric Interconnection Point] 71 [Injection Point] 72 for settlement purposes shall be deemed to be the amount of Contract Energy and Storage Energy actually generated or produced by the Generating Facility and Storage Facility, respectively, [and injected at the Injection Point]73 for all purposes of this Agreement. Without limiting Section 4.6, and for the avoidance of doubt, such amount shall not include any quantity of Energy that such Balancing Authority credits to the Facility for settlement purposes (e.g., pursuant to a day-ahead dispatch schedule) but that was not actually generated by the Facility (e.g., imbalance or real-time energy provided by such Balancing Authority).
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Quantity Determinations. (a) The amount of Contract Energy that is recognized by the Balancing Authority applicable to the Injection Portion as being actually generated by the Facility and delivered to the Injection Point for settlement purposes shall be deemed to be the amount of Contract Energy actually generated by the Facility and injected at the Injection Point for all purposes of this Agreement. Without limiting Section 4.6, and for the avoidance of doubt, such amount shall not include any quantity of Energy that such Balancing Authority credits to the Facility for settlement purposes (e.g., pursuant to a day-ahead dispatch schedule) but that was not actually generated by the Facility (e.g., imbalance or real-time energy provided by such Balancing Authority).
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Quantity Determinations. (a) The amount of Contract Energy and Storage Energy that is recognized by the Balancing Authority applicable to the [Electric Interconnection Point]66 67[Injection Portion]68 as being actually generated or produced by the Generating Facility and Storage Facility, respectively, and delivered to the [Electric Interconnection Point] 69 [Injection Portion] 70 for settlement purposes shall be deemed to be the amount of Contract Energy and Storage Energy actually generated or produced by the Generating Facility and Storage Facility, respectively, [and 66 NTD: Insert if the Facility is external to MISO.
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Quantity Determinations. 18 8.6.1 Wharf Quantities . . . . . . . . . . . . . . . . . . . . . . . 18 8.6.2 LOBP Quantities. . . . . . . . . . . . . . . . . . . . . . . . 18 8.6.3 Meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 8.6.4 Out of Service Meters. . . . . . . . . . . . . . . . . . . . . 18 8.7 Valero's Off-Spec Product. . . . . . . . . . . . . . . . . . . . . 19 8.7.1 Notification. . . . . . . . . . . . . . . . . . . . . . . . . 19 8.7.2 Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8.7.3 Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8.7.4
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Quantity Determinations. (a) At each respective Delivery Point, the quantity of Product delivered to ExxonMobil by GCE shall be established by outbound meter tickets expressed in Gallons in accordance with standards commonly used within the fuels industry in the U.S. GCE shall provide copies of meter tickets when requested by ExxonMobil. Calculations from the meter readings for determining such quantities shall conform to the procedures set out below:
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Quantity Determinations. (a) At each respective Delivery Point, the quantity of Renewable Diesel delivered to EXXONMOBIL by GCE shall be established by outbound meter tickets expressed in Gallons in accordance with standards commonly used within the renewable diesel industry in the U.S. GCE shall provide copies of meter tickets when requested by EXXONMOBIL. Calculations from the meter readings for determining such quantities shall conform to the procedures set out below:
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Quantity Determinations 
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Related to Quantity Determinations

  • Failure to Make Timely Determination If the person or persons empowered or selected to determine whether the Board Member is entitled to indemnification or advancement of Expenses shall not have made such determination within thirty days after receipt by the Secretary of the Fund of the request therefor, the requisite determination of entitlement to indemnification or advancement of Expenses shall be deemed to have been made, and the Board Member shall be entitled to such indemnification or advancement, absent (i) an intentional misstatement by the Board Member of a material fact, or an intentional omission of a material fact necessary to make the Board Member’s statement not materially misleading, in connection with the request for indemnification or advancement of Expenses, or (ii) a prohibition of such indemnification or advancements under applicable federal and Delaware law; provided, however, that such period may be extended for a reasonable period of time, not to exceed an additional thirty days, if the person or persons making the determination in good faith require such additional time to obtain or evaluate documentation or information relating thereto.

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

  • Determination by the Reviewing Party If the Company reasonably believes that it is not obligated under this Agreement to indemnify the Indemnitee, the Company shall, within 10 days after the Indemnitee’s written request for an advancement or reimbursement of Expenses, notify the Indemnitee that the request for advancement of Expenses or reimbursement of Expenses will be submitted to the Reviewing Party (as hereinafter defined). The Reviewing Party shall make a determination on the request within 30 days after the Indemnitee’s written request for an advancement or reimbursement of Expenses. Notwithstanding anything foregoing to the contrary, in the event the Reviewing Party informs the Company that Indemnitee is not entitled to indemnification in connection with a Proceeding under this Agreement or applicable law, the Company shall be entitled to be reimbursed by Indemnitee for all the Expenses previously advanced or otherwise paid to Indemnitee in connection with such Proceeding; provided, however, that Indemnitee may bring a suit to enforce his/her indemnification right in accordance with Section C.3 below.

  • Dispute Escalation In the event of a Dispute between the Parties, the Parties will first attempt to resolve such dispute by negotiation and consultation between themselves or the JSC. In the event that such dispute is not resolved on an informal basis within [***] days from receipt of the written notice of a Dispute, any Party may, by written notice to the other, have such dispute referred to the Executive Officers (or their designees, which designee is required to have decision-making authority on behalf of such Party), who will attempt to resolve such Dispute by negotiation and consultation for a [***] day period following receipt of such written notice.

  • Indemnification Determinations Indemnification of an Indemnified Person pursuant to Section 8.4 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Indemnified Person was not liable by reason of Disabling Conduct or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Indemnified Person was not liable by reason of Disabling Conduct. In making such a determination, the Board of Trustees of the Trust shall act in conformity with then applicable law and administrative interpretations, and shall afford a Trustee requesting indemnification who is not an “interested person” of the Trust, as defined in Section 2(a)(19) of the 1940 Act, a rebuttable presumption that such Trustee did not engage in disabling conduct while acting in his capacity as a Trustee.

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