Connection Commitment Sample Clauses

Connection Commitment. During each Calendar Quarter beginning upon the commencement of commercial transportation services on the MarketLink Pipeline from Cushing, Oklahoma to the Terminal (i) until such time as the Keystone XL pipeline commences commercial service, Customer shall tender or cause to be tendered an average of at least 45,000 Barrels per Day of Product to the Terminal through the TransCanada Connection, and (ii) upon commencement of commercial service of the Keystone XL pipeline, Customer shall tender or cause to be tendered an average of at least 150,000 Barrels per Day of Product to the Terminal through the TransCanada Connection, in each case for storage and handling and redelivery to Customer in approximately ratable quantities (such average, the “Minimum Quarterly TransCanada Commitment” and together with the Minimum Quarterly Terminal Commitment, the “Minimum Quarterly Commitment”) and Company shall accept, store and redeliver such Product in accordance with the terms of this Schedule. Except as expressly provided in the Agreement for an Outage, Company Force Majeure or Customer Force Majeure, if during any Calendar Quarter, Customer fails to satisfy its Minimum Quarterly TransCanada Commitment during such Calendar Quarter, then Customer will pay Company a deficiency payment (each, a “TransCanada Deficiency Payment” and together with the Terminal Deficiency Payment, the “Quarterly Deficiency Payment”) in an amount equal to the volume of the deficiency (the “TransCanada Deficiency Volume” and together with the Terminal Deficiency Volume, the “Quarterly Deficiency Volume”) multiplied by the TransCanada Throughput Charge. Customer shall pay the amount of such Quarterly TransCanada Deficiency Payment along with any TransCanada Throughput Charge payable hereunder. The dollar amount of any TransCanada Deficiency Payment paid by Customer may be applied as a credit against any amounts 3 incurred by Customer and owed to Company with respect to volumes of Product delivered to the Terminal through the TransCanada Connection in excess of the Minimum Quarterly TransCanada Commitment (or, if this Schedule expires or is terminated, to volumes delivered to the Terminal in excess of the applicable Minimum Quarterly TransCanada Commitment in effect as of the date of such expiration or termination) (such excess volume during any Calendar Quarter is referred to as the “TransCanada Surplus Volume”, and together with the Terminal Surplus Volume, the “Quarterly Surplus Volume”) dur...
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Related to Connection Commitment

  • STAFF COMMITMENT 23. If this Settlement Agreement is accepted by the Hearing Panel, Staff will not initiate any proceeding under the By-laws of the MFDA against the Respondent in respect of the facts set out in Part IV and the contraventions described in Part V of this Settlement Agreement, subject to the provisions of Part IX below. Nothing in this Settlement Agreement precludes Staff from investigating or initiating proceedings in respect of any facts and contraventions that are not set out in Parts IV and V of this Settlement Agreement or in respect of conduct that occurred outside the specified date ranges of the facts and contraventions set out in Parts IV and V, whether known or unknown at the time of settlement. Furthermore, nothing in this Settlement Agreement shall relieve the Respondent from fulfilling any continuing regulatory obligations.

  • Service Commitment Newly hired nurses and currently employed nurses who voluntarily choose to relocate and receive a relocation allowance may be required to serve for a minimum of two years at their base before they will be considered for transfer to another base. This commitment will not apply when the employer and nurse mutually agree to waive it and when relocation occurs as a result of layoff/rehire.

  • DVBE Commitment This section is applicable if Contractor received a disabled veteran business enterprise (“DVBE”) incentive in connection with this Agreement. Contractor’s failure to meet the DVBE commitment set forth in its bid or proposal constitutes a breach of the Agreement. If Contractor used DVBE subcontractor(s) in connection with this Agreement: (i) Contractor must use the DVBE subcontractors identified in its bid or proposal, unless the JBE approves in writing replacement by another DVBE subcontractor in accordance with the terms of this Agreement; and (ii) Contractor must complete and return to the JBE a post-contract certification form promptly upon completion of the awarded contract, and by no later than the date of submission of Contractor’s final invoice to the JBE. (The post-contract certification form is located at: xxxxx://xxx.xxxxxx.xx.xxx/documents/JBCM-Post- Contract-Certification-Form.docx) If the Contractor fails to do so, the JBE will withhold $10,000 from the final payment, or withhold the full payment if it is less than $10,000, until the Contractor submits a complete and accurate post-contract certification form. The JBE shall allow the Contractor to cure the deficiency after written notice of the Contractor’s failure to complete and submit an accurate post- contract certification form. Notwithstanding the foregoing and any other law, if after at least 15 calendar days, but no more than 30 calendar days, from the date of the written notice the Contractor refuses to comply with these certification requirements, the JBE shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000. The post-contract certification form shall include: (1) the total amount of money Contractor received under the Agreement, (2) the total amount of money and the percentage of work that Contractor committed to provide to each DVBE subcontractor; (3) the name and address of each DVBE subcontractor to which Contractor subcontracted work in connection with the Agreement; (4) the amount of money each DVBE subcontractor actually received from Contractor in connection with the Agreement, and the corresponding percentage this payment comprises of the total amount of money Contractor received under the Agreement; and (5) that all payments under the Agreement have been made to the applicable DVBE subcontractors. Upon request by the JBE, Contractor shall provide proof of payment for the work. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. Contractor will comply with all rules, regulations, ordinances and statutes that govern the DVBE program, including, without limitation, Military and Veterans Code section 999.5.

  • Time Commitment The Advisor shall, and shall cause its Affiliates and their respective employees, officers and agents to, devote to the Company such time as shall be reasonably necessary to conduct the business and affairs of the Company in an appropriate manner consistent with the terms of this Agreement. The Company acknowledges that the Advisor and its Affiliates and their respective employees, officers and agents may also engage in activities unrelated to the Company and may provide services to Persons other than the Company or any of its Affiliates.

  • Reformulation Commitment As of the Effective Date, Xxx X’Xxxx shall not manufacture, import, distribute, sell or offer the Products for sale in the State of California unless they are Reformulated Products pursuant to Section 2.1 above or carry the Proposition 65 warnings specified in Section 2.3 below.

  • Additional Commitments The Parties may negotiate commitments with respect to measures affecting trade in services not subject to scheduling under Article 106 (National Treatment) or Article 107 (Market Access), including those regarding qualifications, standards or licensing matters. Such commitments shall be inscribed in a Party's Schedule.

  • No Commitment None of the provisions of this Agreement shall be deemed or construed to constitute or imply any commitment or obligation on the part of the Lender to make any future loans or other extensions of credit or financial accommodations to the Borrower.

  • Financial Commitment 4.1. The cost associated with the representative season (refer representative season handbook) MUST be paid with the signing of this agreement.

  • Specific Commitments Investments in respect of a particular undertaking of one of the Contracting Parties with respect to nationals and companies of the other Contracting Party shall be governed, without prejudice to the provisions of this Agreement, the terms of that commitment to the extent that it is more favourable provisions than those laid down in this Agreement.

  • Service Level Commitment IBM provides the following service level commitment (“SLA”) for the Cloud Service, after IBM makes the Cloud Service available to you.

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