Alternative Facilities Sample Clauses
The Alternative Facilities clause allows a party to fulfill its obligations by using different facilities or locations than those originally specified in the agreement. For example, if a supplier cannot deliver goods from its primary warehouse due to unforeseen circumstances, it may use another approved facility to meet delivery requirements. This clause provides flexibility in operations, ensuring continuity of service or supply even when the original facility is unavailable, thereby minimizing disruptions and maintaining contractual performance.
Alternative Facilities. If Contractor is unable to use the Designated Organic Materials Processing Facility or Approved Organic Materials Processing Facility due to an emergency or sudden and unforeseen closure of the Designated Organic Materials Processing Facility or Approved Organic Materials Facility that is outside the control of the Contractor, Contractor may use an alternative Processing Facility as consistent with the provisions of the Post-Collection Services Agreement and provided that the Contractor provides written notice to Authority Contract Manager. Within forty-eight (48) hours of emergency or sudden and unforeseen closure, the Contractor shall provide a written description of the reasons the use of the Designated Organic Materials Processing Facility or Approved Organic Materials Processing Facility is not feasible and the period of time Contractor proposes to use the alternative Processing Facility. Such a change in Processing Facility shall be temporarily permitted until such time as the Authority Contract Manager is able to consider and respond to the use of the proposed alternative Processing Facility. If the use of the proposed alternative Processing Facility is anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, the use of such Processing Facility shall be subject to approval by the Authority Contract Manager. The Authority Contract Manager may, in their sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed alternative Processing Facility. In the event that the Authority Contract Manager disapproves the use of the proposed alternative Processing Facility, the Parties shall meet and confer to determine an acceptable Processing Facility. If the need to use the alternative Processing Facility is discretionary or for reasons within Contractor’s reasonable control, Contractor’s Compensation shall not be adjusted for any change in Transportation and Processing costs associated with use of the alternative Processing Facility. If the need to use the alternative Processing Facility results from reasons beyond Contractor’s, or its Subcontractor’s, reasonable control, Authority shall adjust, either up or down, Contractor’s Compensation for changes in Transportation and Processing costs associated with use of the alternative Processing Facility. In the event that a change in the Processing Facility results in increased costs, Authority Contract Manager may identify a...
Alternative Facilities. 676 If Contractor does not receive the materials at the Approved Processing Facilities or Landfill for reasons 677 other than Uncontrollable Circumstances then, following Authority approval given in the Authority’s sole 678 discretion, Contractor shall: (i) accept the Authority’s materials at another similarly-capable processing 679 facility or landfill owned by it or an Affiliate; or, (ii) arrange for the Authority’s material to be Processed 680 or Disposed of at another similarly-capable processing facility or landfill not Owned by it or an Affiliate. 681 In either case, Contractor shall provide service through these alternate facilities at no additional cost. If 682 the Authority does not approve Contractor’s first choice of an alternate processing facility or landfill, 683 Contractor shall have ten (10) Working Days to arrange for different alternate facilities. If Authority 684 rejects such alternate facilities based on reasonable public policy, environmental, or business concerns, 685 and Contractor proceeds to deliver such materials to the alternate facility(ies), then the Authority may 686 terminate this Agreement in accordance with Section 7.2. 687 If Contractor does not receive the materials at the Approved Processing Facilities or Landfill due to 688 Uncontrollable Circumstances, Contractor shall, to the extent it is legally able to do so in accordance 689 with Applicable Law, accept materials at another similarly-capable processing facility or landfill owned 690 by it or an Affiliate at no additional cost. If Contractor is unable to provide service through alternative 691 facilities owned by it or an Affiliate as a result of Uncontrollable Circumstances and such condition 692 persists for a period of five (5) or more Working Days, the Authority may, at its sole discretion, terminate 693 this Agreement in accordance with Section 7.2. 694 4.13 Invoicing 695 For all Franchised Collectors except Richmond Sanitary Service (Richmond Sanitary Service is expressly 696 exempt from this provision) on or before the tenth Working Day of each month, Contractor shall invoice 697 or otherwise charge the Franchise Agencies’ Franchised Collectors in amounts equal to the Rate 698 multiplied by Tons of the Authority’s Solid Waste, Organic Materials, C&D Materials, Dry Materials and 699 Recyclable Materials delivered by Franchised Collectors to the Landfill and Approved Processing 700 Facilities during the previous month. Copies of such invoices shall be provided ...
Alternative Facilities. “Alternative Facilities” shall mean one (1) or more facilities (which may be owned or leased by First Data), no less than fifty (50) miles from the facility in which the application or system is housed, which houses the Redundant Capability for such application or system.
Alternative Facilities. In case any existing facilities including, but not limited to, irrigation systems, water supplies, roads, bridges, buildings, communication system(s) power systems and water ▇▇▇▇▇ are adversely affected because of the implementation of the Project, the IPP shall be responsible and bear the cost of for taking remedial measures to mitigate such adverse effects. The cost of the above remedial measures shall become part of the Project Cost. Such facilities shall be as mutually identified and agreed upon between the IPP and JREDA. The IPP shall not interfere with any of the existing facilities till an alternate facility, as identified, is created.
Alternative Facilities. If alternative facilities are needed in emergency situations, the Site Administrator will notify the Program Coordinator of alternative facilities at the ▇▇▇▇ School as soon as possible to facilitate notification of parents.
Alternative Facilities. In the case of a Shutdown, it shall be the responsibility of the Contractor to locate an alternative facility or facilities as soon as commercially reasonable to ensure that Receiving and Processing of Program Recyclables is not unduly interrupted. Except in the event of Uncontrollable Circumstances, the Contractor shall be liable for all transportation, processing, marketing, disposal, and any other related costs which may be incurred by the Designated Communities in excess of Designated Community payments that would have been made under this Contract.
Alternative Facilities. (a) This Section 12.05 sets forth the Concessionaire’s sole and exclusive rights and remedies with respect to Alternative Facilities, and supersedes any provisions of this Agreement to the contrary. Such rights and remedies are subject to Section 12.05(k).
(b) The Concessionaire Damages owing from the Department to the Concessionaire on account of an Alternative Facility will be determined pursuant to Section 14.01(b). The foregoing Concessionaire Damages will be determined in the same manner, and subject to the same conditions and limitations set forth under Section 14.01(c) and Section 14.01(d).
(c) The Department may, but is not obligated to, deliver to the Concessionaire a notice of a potential Alternative Facility no later than 90 Days prior to the opening of the potential Alternative Facility to traffic. The Department will include in such notice (i) a reasonable description of the potential Alternative Facility, including the expected date of opening, any right of way alignments, number of lanes, location and other pertinent features, (ii) a statement whether the potential Alternative Facility will be tolled, and if so the intended toll rate schedule by vehicle classification, provided, that such schedule is available at the time of such notice and (iii) subject to any confidentiality obligations binding upon the Department, any traffic and revenue studies and analyses available to the Department for the potential Alternative Facility. EXECUTION VERSION – DECEMBER 5, 2011
(d) If the Department has delivered a notice of a potential Alternative Facility pursuant to Section 12.05(c), within 180 Days after the Department delivers such notice to the Concessionaire, the Concessionaire will deliver to the Department a written notice of Claim stating whether the Concessionaire believes the potential Alternative Facility will have a Net Cost Impact or Net Revenue Impact and, if so, a true and complete copy of a preliminary traffic and revenue study and analysis showing the projected effects and a reasonably detailed statement quantifying such effects. Such analysis and quantification will include data on past Toll Revenues and projected future Toll Revenues with and without the potential Alternative Facility, together with any projected Net Cost Impact or Net Revenue Impact. At the Concessionaire’s request within such 180-Day period, the Department will grant reasonable extensions of time for the Concessionaire to deliver the written notice of Claim, so long...
Alternative Facilities. 7.1 If the Service has been Unavailable during a Transmission Period for:
7.1.1 a continuous period of 8 hours; or
7.1.2 sooner if in BT's reasonable judgement the Unavailability is unlikely to be remedied within that period, BT will consult with the Customer and use reasonable endeavours to identify alternative facilities.
7.2 After written approval from the Customer of any identified alternative facilities, BT will make the alternative facilities available to the Customer while the Service is Unavailable. The Customer shall continue to pay the Charge while the alternative facilities are provided.
7.3 BT will bear the cost of providing the alternative facilities up to the daily amount stated in Schedule I and the Customer will bear the rest of the costs in addition to the Charge.
Alternative Facilities. The County shall adjust the applicable Base Fee Component to reflect the cost of handling waste at alternative Facilities required under Section 6.5 in accordance with Section 8.1, Section 8.2 or Section 8.3 or, at an alternate Disposal Site or Facility in accordance with Article 13 of the Contract. If the County chooses to require that waste originating in the County be disposed at an alternate Disposal Site or Facility, the County shall adjust applicable Base Fee Components to reflect reasonable adjustments in the Contractor’s costs of Transportation to and Disposal at the alternate Disposal Site or Facility. In no event shall the Disposal Fee exceed the fees charged other customers of the Contractor delivering waste of a substantially similar character and in substantially similar volumes to the alternate Disposal Site or Facility; however, this sentence shall not apply to fees paid by customers handling waste originating in the county in which the alternate Disposal Site or Facility is located.
Alternative Facilities. (a) The Developer Damages owing from the LA DOTD to the Developer on account of an Alternative Facility will be determined in the same manner, and subject to the same conditions and limitations, as for a Compensation Event under Section 13.01, except as otherwise set forth in this Section 11.04, and will be the sole and exclusive remedy with respect to an Alternative Facility.
(b) The Developer acknowledges that the State has a paramount public interest and duty to develop and operate whatever State Projects (including Alternative Facilities) it deems to be in the best interests of the State, and that the compensation to which the Developer may be entitled on account of Alternative Facilities is a fair and equitable remedy. Accordingly, the Developer will not have, and irrevocably waives and relinquishes, any and all rights to institute, seek or obtain any injunctive relief or pursue any action, order or decree to restrain, preclude, prohibit or interfere with the LA DOTD’s rights to plan, finance, develop, construct, operate, maintain, toll or not toll, repair, improve, modify, upgrade, reconstruct, rehabilitate, restore, renew or replace Alternative Facilities; provided that the foregoing will not preclude the Developer from enforcing, respectively, its rights to compensation under this Section 11.04, or claiming any relief in respect of Compensation Events or Delay Events, if appropriate. The filing of any such action by the Developer seeking to restrain, preclude, prohibit or interfere with the LA DOTD’s rights will automatically entitle the LA DOTD to recover all costs and expenses, including attorneys’ fees, of defending such action and any appeals.
(c) The LA DOTD will deliver to the Developer a notice of a potential Alternative Facility within a reasonable time prior to opening of the potential Alternative Facility to traffic. Such notice will include a reasonable description of the Alternative Facility, including any right of way alignments, number of lanes, location, and other pertinent features.
(d) Within thirty days of the Developer’s receipt of a notice of a potential Alternative Facility, the Developer may reasonably request additional information from the LA DOTD in respect of such Alternative Facility to prepare the Developer’s notice of Claim, and the LA DOTD will promptly provide such information to the Developer. The Developer will deliver to the LA DOTD (within 90 days of the Developer’s receipt of a notice of a potential Alternative F...