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. 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. This Agreement is entered into for the sole purpose of making Water available to Lessee for augmentation of out-of-priority depletions from the Well on the Property, as referenced above and more particularly described on Exhibit 1, in Clear Creek County, Colorado. The Water will be made available primarily by releasing it to the stream system. The Water shall be used solely for augmentation purposes to replace out-of-priority depletions from pumping the Well for the uses set forth in Exhibit 1. Lessee shall not make any direct diversion of the Water into any water diversion structure. Water delivered hereunder is for replacement of out-of-priority depletions associated with pumping the Well to satisfy those uses specified on Exhibit 1. Clear Creek’s agreement to provide Water is expressly limited to use of the Water for augmentation use, which use has been evaluated based on the operations, uses, amounts, and timeframes described in Exhibit 1. Clear Creek is not responsible for and under no obligation to provide Water for any current or future water uses on the Property which are not expressly described in or are otherwise inconsistent with the terms of Exhibit 1 and/or are not authorized uses described in Resolution R-01-22 of the Clear Creek Board of County Commissioners, dated March 20, 2001, as recorded in the records of Clear Creek County at Rec. No. 205596, on April 6, 2001. Clear Creek shall have no duty to provide Water hereunder at such times as it is not required to replace out-of-priority depletions. 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.
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. “Beneficial Use” shall mean (1) that the Work or relevant portion thereof is not Complete but the Designer/Builder has installed, constructed, and commissioned the major new equipment and systems included in the Work or relevant portion thereof and (2) the Customer has agreed it can and will use that Work or relevant portion thereof for its intended purpose(s).
BENEFICIAL USE. Contractor's ability to perform its implementation and testing responsibilities may be impeded if the County begins using the System before System Acceptance. Therefore, County will not commence Beneficial Use before System Acceptance without Contractor's prior written authorization, which will not be unreasonably withheld. The term "Beneficial Use" means when the County first uses the System or a Subsystem or phase for operational purposes (excluding training or testing). Contractor is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, the County assumes responsibility for the use and operation of the System.