Changes in Capacity Clause Samples

The "Changes in Capacity" clause defines how adjustments to the amount of goods or services provided under a contract are managed. It typically outlines the process for requesting, approving, and implementing increases or decreases in capacity, such as production volume or service levels, during the contract term. For example, if a buyer needs more units than originally agreed, this clause would specify how to formally request the change and how pricing or delivery schedules might be affected. Its core function is to provide a clear, agreed-upon mechanism for handling fluctuations in demand, thereby reducing disputes and ensuring both parties can adapt to changing needs.
Changes in Capacity. 5.7.3.1. The Contractor must notify Great Rivers sixty (60) days prior to closing any offices or changing service capacity at any office. If service capacity is changed the Contractor must submit a plan to Great Rivers thirty (30) days prior to the change in capacity describing how service levels for clients receiving services at those locations will be continued. 5.7.3.2. The Contractor shall notify Great Rivers of any other changes in capacity that results in the Contractor being unable to meet any of the Access Standards required in this Agreement. Events that affect capacity include the decrease in the number or frequency of a required service, an employee strike or other work stoppage related to union activities, or any changes that result in the Contractor being unable to provide timely, Medically Necessary services. 5.7.3.3. If Great Rivers issues a stop placement of clients at Contractor’s treatment facility upon finding that a facility is not in substantial compliance with provisions of any WAC related to behavioral health treatment, the Contractor must work with Great Rivers to transition care of any impacted individuals. 5.7.3.4. The Contractor shall notify Great Rivers when unable to deliver services defined within the statement of work and follow Great Rivers Network Capacity policy. 5.7.3.5. If any event in Changes in Capacity occurs, the Contractor must submit a plan to Great Rivers that includes at least: • Notification to Ombuds services. • A crisis Service Plan. • A client notification plan. • A plan for provision of uninterrupted services. • A plan for retention and/or transfer of clinical records • Any information released to the media.
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Changes in Capacity. Medical Group and its Participating Providers will continue to accept Members enrolled by Health Plan for so long as Medical Group and its Participating Providers have the capacity to provide and arrange Covered Services under this Agreement and for so long as Medical Group continues to accept new patients from any HMO or other prepaid Health Plan. Medical Group shall provide at least one hundred twenty (120) calendar days prior written notice to Health Plan of any significant changes in the capacity of Medical Group to provide or arrange Covered Services that would prevent Medical Group from accepting additional Members. A significant change in capacity includes, without limitation, the following: (i) inability of Medical Group to properly serve additional Members due to a lack of Primary Care Physicians or other Participating Providers; (ii) inability of any one of Medical Group's Primary Care Physicians or other Participating Providers to serve additional Members; or (iii) closure of any office or facility used by Medical Group or its Primary Care Physicians or other Participating Providers. Health Plan may continue to enroll Members with Medical Group until the expiration of the notice period required under this Section, and in such event, Medical Group and its Primary Care Physicians and other Participating Providers shall continue to accept such Members. Health Plan shall discontinue the enrollment of Members with Medical Group upon expiration of the notice period required under this Section until such time, if any, that Medical Group provides written notification to Health Plan that it has the capacity to accept additional Members.
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Changes in Capacity. S6.9A The Distributor may receive applications from a Consumer (the "Requesting Party") for an increase or decrease in the MHQ or capacity of an existing connection.
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Changes in Capacity. The Restricted Shareholder will not be deemed to have ceased being a Service Provider merely because of a change in the capacity in which the Restricted Shareholder renders service to Pega, the Company or a subsidiary of the Company, or a change in the entity within the Company’s control for which such Restricted Shareholder renders such service, provided that there is no interruption or termination of service relationship. For example, a change in status from an employee of Pega or the Company to an officer of another subsidiary of the Company will not constitute ceasing to be a Service Provider. The foregoing changes in capacity will not prejudice or preclude the Restricted Shareholder from exercising his rights under the Employment Agreement, which could give rise to rights under Section 1.3(iii) hereof. For the avoidance of doubt, no cessation of service shall occur if the Restricted Shareholder ceases to be an employee of Pega, the Company (or any other subsidiary) but simultaneously commences or continues to perform services to any such entity as an advisor, independent contractor or consultant.
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Changes in Capacity. A significant change in the provider network is defined as the termination or addition of a Subcontract with an entity that provides behavioral health services or the closing of a Subcontractor site that is providing services under this Agreement. The Contractor must notify DBHR thirty (30) calendar days prior to terminating any of its Subcontracts with entities that provide direct services, or entering into new Subcontracts with entities that provide direct services. This notification must occur prior to any public announcement of this change. 8.3.1. If either the Contractor or the Subcontractor terminates a Subcontract in less than thirty (30) calendar days or a site closure occurs in less than thirty (30) calendar days, the Contractor must notify DSHS Contact on Page One of this Agreement, in writing, as soon possible and prior to a public announcement. 8.3.2. If DSHS issues a stop placement of clients in a subcontracted treatment facility upon finding that a facility is not in substantial compliance with provisions of any WAC related to chemical dependency treatment, the Contractor must work with the subcontracted Contractor to transition care of any impacted individuals. 8.3.3. The Contractor shall notify the DSHS Contact on Page One of this Agreement, in writing, of any other changes in capacity that results in the Contractor being unable to meet any of the Access Standards as required in this Agreement. Events that affect capacity include: decrease in the number or frequency of a required service, employee strike or other work stoppage related to union activities, or any changes that result in the Contractor being unable to provide timely, Medically Necessary services. 8.3.4. If any of the events described in this section occur, the Contractor must submit a plan to the DSHS Contact on Page One of this Agreement, in writing, that includes at least:
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Changes in Capacity. A designated airline that conducts international air transport operations may at any point of any segment of the agreed routes, change, without limitation, the type or number of aircraft used, provided transport beyond such point is a continuation of transport from the territory of the Party that designated the airline and, in the return direction, transport to the territory of the designating Party is a continuation of transport from beyond that point.
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Related to Changes in Capacity

  • Changes in Capitalization Subject to any required action by the stockholders of Connetics, the number of shares of Common Stock covered by the Option as well as the Exercise Price shall be proportionately adjusted for any increase or decrease in the number of issued shares of Common Stock resulting from a stock split, reverse stock split, stock dividend, combination or reclassification of the Common Stock, or any other increase or decrease in the number of issued shares of Common Stock effected without receipt of consideration by Connetics; provided, however, that conversion of any convertible securities of Connetics shall not be deemed to have been “effected without receipt of consideration.” Such adjustment shall be made by the Board, whose determination in that respect shall be final, binding and conclusive. Except as expressly provided in this Option Agreement, no issuance by Connetics of shares of stock of any class, or securities convertible into shares of stock of any class, shall affect, and no adjustment by reason thereof shall be made with respect to, the number or price of shares of Common Stock subject to an Option.

  • Changes in Capital Stock If, and as often as, there is any change in the capital stock of the Company by way of a stock split, stock dividend, combination or reclassification, or through a merger, consolidation, reorganization or recapitalization, or by any other means, appropriate adjustment shall be made in the provisions hereof so that the rights and privileges granted hereby shall continue as so changed.

  • Changes in Capital Structure If all or any portion of the Option shall be exercised subsequent to any share dividend, split-up, recapitalization, merger, consolidation, combination or exchange of shares, separation, reorganization, or liquidation occurring after the date hereof, as a result of which shares of any class shall be issued in respect of outstanding Shares or Shares shall be changed into the same or a different number of shares of the same or another class or classes, the person or persons exercising the Option shall receive, for the aggregate price paid upon such exercise, the aggregate number and class of shares which, if the Shares (as authorized at the date hereof) had been purchased at the date hereof for the same aggregate price (on the basis of the price per share set forth in paragraph 2 hereof) and had not been disposed of, such person or persons would be holding at the time of such exercise as a result of such purchase and all such share dividends, split-ups, recapitalizations, mergers, consolidations, combinations or exchanges of shares, separations, reorganizations, or liquidations; provided, however, that no fractional shares shall be issued upon any such exercise, and the aggregate price paid shall be appropriately reduced on account of any fractional share not issued. In no event shall any adjustments be made to the Option as a result of the issuance or redemption of securities of the Corporation for cash or other consideration, or upon the exercise of any conversion rights of any securities of the Corporation.

  • Adjustments Upon Changes in Capitalization As used herein, the term "Adjustment Event" means an event pursuant to which the outstanding shares of the Company are increased, decreased or changed into, or exchanged for a different number or kind of shares or securities, without receipt of consideration by the Company, through reorganization, merger, recapitalization, reclassification, stock split, reverse stock split, stock dividend, stock consolidation or otherwise. The term "Adjustment Event" shall also mean to include: (i) any issuance by the Company of the Company's securities (excluding securities issued to the Company's employees, directors, consultants and others similarly situtated) below fair market value for such securities as determined at the time of issuance; and (ii) any issuance at a price below the purchase price per Share for the common stock underlying the Options, as adjusted. Upon the occurrence of an Adjustment Event, (i) appropriate and proportionate adjustments shall be made to the number and kind and exercise price for the shares subject to the Options, and (ii) appropriate amendments to this Agreement shall be executed by the Company and the Optionee if the Board of Directors in good faith determines that such an amendment is necessary or desirable to reflect such adjustments. If determined by the Board of Directors to be appropriate, in the event of an Adjustment Event which involves the substitution of securities of a corporation other than the Company, the Board of Directors shall make arrangements for the assumptions by such other corporation of the Options. Notwithstanding the foregoing, any such adjustment to the Options shall be made without change in the total exercise price applicable to the unexercised portion of the Options, but with an appropriate adjustment to the number of shares, kind of shares and exercise price for each share subject to the Options. The good faith determination by the Board of Directors as to what adjustments, amendments or arrangements shall be made pursuant to this Section, and the extent thereof, shall be final and conclusive, provided that the Options herein are adjusted in a manner that is no less favorable than the manner of adjustment used as to any other options issued by the Company to its employees, directors, consultants or in any transaction. No fractional Shares shall be issued on account of any such adjustment or arrangement.

  • Adjustment Upon Changes in Capitalization (a) In the event of any change in Company Common Stock by reason of stock dividends, splits, mergers (other than the Merger), recapitalizations, combinations, exchange of shares or the like, the type and number of shares or securities subject to the Company Option, and the Exercise Price per share, shall be adjusted appropriately, and proper provision shall be made in the agreements governing such transaction so that Parent shall receive, upon exercise of the Company Option, the number and class of shares or other securities or property that Parent would have received in respect of the Company Common Stock if the Company Option had been exercised immediately prior to such event or the record date therefor, as applicable. If additional shares of Company Common Stock are issued after the date of this Agreement (other than pursuant to an event described in the first sentence of this Section 9(a)), the number of shares of Company Common Stock subject to the Company Option will be adjusted so that it equals 19.99% of the number of shares of Company Common Stock then issued and outstanding, without giving effect to any shares subject to or issued pursuant to the Company Option. (b) In the event that Company shall enter in an agreement: (i) to consolidate with or merge into any person, other than Parent or any of its Subsidiaries, and shall not be the continuing or surviving corporation of such consolidation or merger; (ii) to permit any person, other than Parent or one of its subsidiaries, to merge into Company and Company shall be the continuing or surviving corporation, but, in connection with such merger, the then-outstanding shares of Company Common Stock shall be changed into or exchanged for stock or other securities of Company or any other person or cash or any other property or the outstanding shares of Company Common Stock immediately prior to such merger shall after such merger represent less than 50% of the outstanding shares and share equivalents of the merged company; or (iii) to sell or otherwise transfer all or substantially all of its assets to any person, other than Parent or any of its Subsidiaries, then, and in each such case, the agreement governing such transaction shall make proper provision so that upon the consummation of any such transaction and upon the terms and conditions set forth herein, Parent shall receive for each Company Share with respect to which the Company Option has not been exercised an amount of consideration in the form of and equal to the per share amount of consideration that would be received by the holder of one share of Company Common Stock less the Exercise Price (and, in the event of an election or similar arrangement with respect to the type of consideration to be received by the holders of Company Common Stock, subject to the foregoing, proper provision shall be made so that the holder of the Company Option would have the same election or similar rights as would the holder of the number of shares of Company Common Stock for which the Company Option is then exercisable).