BENEFICIAL USE. Customer acknowledges that Motorola’s ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola’s prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System.
BENEFICIAL USE. If Buyer commences use of the Goods or any portion of the Goods for their intended purpose, other than for the express purpose of training or testing as mutually agreed upon by Madern and Buyer in writing prior to Acceptance, the Goods or the applicable portion of the Goods shall be deemed accepted by Buyer. The Warranty Period for the Goods shall be deemed to have commenced concurrently with the use of the Goods or the applicable portion of the Goods for their intended purpose.
BENEFICIAL USE. 11 The Navajo Nation may use its Water Rights for any beneficial use permitted by 12 Tribal, federal or State law, anywhere within Utah. After the water is Diverted from the 13 source, the use shall not be subject to State law, regulation or jurisdiction, except as set 14 forth in this Section and in Section 9.0, addressing off-Reservation uses.
BENEFICIAL USE. The term “Beneficial Use” means Judicial Council’s occupancy or use of any part of the Work when the Project in its entirety or partially, as applicable, is: (i) ready for use or occupancy for the purposes of normal courtroom and court office operations, except for Punch List items; (ii) and has met all the requirements outlined in the “Beneficial Use” section of these General Conditions.
BENEFICIAL USE. Subject to limitations set forth in the Settlement Act and to applicable criteria contained in this Agreement, surface water may be diverted to any reasonable and beneficial use in accordance with the requirements of California law. In the Truckee River Basin in California, however, the diversion and use of water for the generation of hydropower shall be incidental to other beneficial uses, unless such diversion and use is pursuant to a water right for the generation of hydroelectric power or changes to such water right existing on the date of the Settlement Act.
BENEFICIAL USE. Customer acknowledges that Seller’s ability to perform its implementation and testing responsibilities under this Agreement may be impeded if Customer begins using the System before System Acceptance. Therefore, Customer will not commence Beneficial Use before System Acceptance without Seller’s prior written authorization, which Seller will not unreasonably withhold. Seller is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System and payment in full is due.
BENEFICIAL USE. Evidence satisfactory to the Bank of all easements necessary for ingress and egress from the Development Parcel and the Construction Parcel to a public street or road, and for installation and maintenance of Utilities and for the beneficial use and enjoyment of the Improvements for the purpose for which the Improvements were constructed.
BENEFICIAL USE. “Beneficial Use” shall mean when major new equipment and systems included in the Scope of Work are properly installed, inspected, operational, and are being used for their intended purpose. A Certificate of Beneficial Use, which identifies when Customer took Beneficial Use of the Work, shall be prepared and issued by Chevron ES to the Customer and Subcontractor. Beneficial Use of equipment/systems criteria shall be established as defined in Attachment D, “Scope of Work” attached hereto.
BENEFICIAL USE. District reserves the right to receive beneficial use of the Work or the Site before formal Contract completion and upon receipt of Permission to Operate Letter and/or Permission to Interconnect from the Utility. Beneficial use shall not constitute final acceptance or approval of any part of the Work covered by this Contract, nor shall beneficial use extend the date specified for Final Completion of the Work.
BENEFICIAL USE. This Agreement is entered into for the sole purpose of making Water available to Lessee for augmentation of out-of-priority depletions from the Ponds, as referenced above and more particularly described on Exhibit 1 attached hereto and incorporated by reference herein, in Clear Creek County, Colorado. The Water will be made available primarily by releasing it to the stream system. However, in the event that Lessee desires to divert the Water for the purposes hereunder by means of the headgate, more specifically described in Exhibit 1 attached hereto and incorporated by reference herein, Lessee shall be solely responsible to obtain prior approval from the Water Commissioner to replace evaporation from the ponds in that manner. Lessee shall utilize the Water to replace depletions from the uses set forth in Exhibit 1 attached hereto and incorporated by reference herein. Water delivered hereunder is for replacement of out-of-priority depletions only for those uses specified on Exhibit 1; That shall be the sole purpose for delivery of said Water unless otherwise expressly provided for herein. Clear Creek shall have no duty to provide Water hereunder at such times as it is not required to replace out-of-priority depletions. Upon termination of this Agreement, Lessee understands that Clear Creek intends to consumptively use 100% of the Water to be delivered hereunder, and any non-use or non-consumption by Lessee shall not be deemed to be evidence of an intent by Clear Creek to abandon the right of 100% consumptive use.
