Availability of Water Sample Clauses

Availability of Water. Developer has been advised, and understands, that all water provided by the District is imported and that the ability of the District to provide water service to the Project is contingent upon the amount of water available to the District at the time the District consid- ers issuance of meters for the Project. The amount of water which the Developer may receive for the Project at the time the District is considering installation of meters shall be determined by District staff, in its sole discretion, based upon District staffs’ determination of the amount of water available to serve the Project at the time the meters are to be installed. Developer further agrees to comply with all provisions of the District’s water conservation ordinance as that ordinance may be modified from time to time and that all water usage limitations imposed by the District from time to time. Nothing in this Agreement is intended to limit the powers of the District to restrict the use of any water for the Project or any part of the District as provided in Water Code sections 71640 to 71644 or the right of the Dis- trict to adopt future ordinances restricting the use of water within the Project or within any service area of the District. The District shall not be liable to Developer or any subsequent owner of all or any por- tion of the Project for any losses, costs, fees, or expenses of any kind caused by any curtailment or termination of water service determined necessary by the District as a result of a water shortage or a threatened water shortage.
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Availability of Water. This Agreement shall at all times be subject to prior rights of landowners in the Buckeye Water Conservation & Drainage District to receive water, and User hereby expressly waives, on behalf of User, and any of User’s affiliates, agents, officers, directors, employees, representatives, and insurers any claim for loss as a result of the inability of District to deliver water as provided hereunder. User knows, understands, and agrees the nature of the District's business is such that it cannot be the guarantor of water availability, and User expressly assumes the risk of unavailability of water. District assumes no responsibility whatsoever for loss or damages that may be suffered by User occasioned by any water shortage, or for any other cause whatsoever; including water shortages caused by drought or because of demands on District for service beyond its available supply. In the event of any unavailability of water for delivery to User pursuant to this Agreement, User, as its only available remedy, may recover the Delivery Price relating to any such quantities of water that were unavailable.
Sample 1
Availability of Water. 1. In any year in which there may occur a water shortage by reason of drought or other temporary cause in the supply of water available for delivery to all users, District shall, before reducing other deliveries of water, reduce, or if necessary cease, to the extent permitted by the operation of District's facilities consistent with its obligations to receive water pursuant to the State and/or Federal Contract, all deliveries of untreated water for recharge of groundwaters.
Sample 1
Availability of Water. All water sold, transferred and conveyed under this Agreement will be made available by Natomas from water that is surplus to the needs of Natomas shareholders as a result of the conversion of land from agricultural to urban use and concomitant reductions of consumptive use. To the extent that Natomas elects, in its sole and absolute discretion, to make surplus water available to ASUS through other means, as described in Section 1.a(2) of this Agreement, then such water may be sold, transferred and conveyed to ASUS under this Agreement.
Sample 1

Related to Availability of Water

  • Availability of Utilities All utility services necessary for the construction of the Improvements will be available prior to the commencement of construction, and all utility services necessary for the proper operation of the Improvements for their intended purposes are available at the Leased Premises or will be available at the Leased Premises prior to the Final Disbursement Date, at commercially comparable utility rates and hook-up charges for the vicinity, including water supply, storm and sanitary sewer facilities, gas, electricity and telephone facilities. Lessee shall furnish evidence of such availability of utilities from time to time at Lessor's request.

  • Availability of Facility Subject to the terms of this Agreement, the facility is available from the date hereof to the Facility Termination Date, and the Borrower may borrow, repay and reborrow at any time prior to the Facility Termination Date. The Commitments shall expire on the Facility Termination Date.

  • Availability of Funds Unless Administrative Agent shall have been notified by any Lender prior to the applicable Credit Date that such Lender does not intend to make available to Administrative Agent the amount of such Lender’s Loan requested on such Credit Date, Administrative Agent may assume that such Lender has made such amount available to Administrative Agent on such Credit Date and Administrative Agent may, in its sole discretion, but shall not be obligated to, make available to Borrower a corresponding amount on such Credit Date. If such corresponding amount is not in fact made available to Administrative Agent by such Lender, Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three Business Days and thereafter at the Base Rate. If such Lender does not pay such corresponding amount forthwith upon Administrative Agent’s demand therefor, Administrative Agent shall promptly notify Borrower and Borrower shall immediately pay such corresponding amount to Administrative Agent together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the rate payable hereunder for Base Rate Loans for such Class of Loans. Nothing in this Section 2.5(b) shall be deemed to relieve any Lender from its obligation to fulfill its Term Loan Commitments and Revolving Commitments hereunder or to prejudice any rights that Borrower may have against any Lender as a result of any default by such Lender hereunder.

  • Availability of Records Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town.

  • Availability of Shares During the term of this Option, the Company shall reserve for issuance the number of shares of Common Stock required to satisfy this Option.

  • Availability of Documents Seller has made available to Buyer copies of all material documents, including without limitation all agreements, contracts, commitments, insurance policies, leases, plans, instruments, undertakings, authorizations, permits, licenses, Intellectual Property listed in the Disclosure Schedules hereto or referred to herein. Such copies are true, correct and complete in all material respects and include all amendments, supplements and modifications thereto or waivers currently in effect thereunder.

  • Reservation and Availability of Common Shares (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Common Shares or any authorized and issued Common Shares held in its treasury, the number of Common Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7.

  • Availability of Earnings Statements The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

  • Availability of Types of Advances If any Lender determines that maintenance of its Eurodollar Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, or directive, whether or not having the force of law, or if the Required Lenders determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available or (ii) the interest rate applicable to Eurodollar Advances does not accurately reflect the cost of making or maintaining Eurodollar Advances, then the Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

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