Deficiency Usage Sample Clauses

Deficiency Usage. A Transaction Agreement may specify that Customer will pay EESI a per kWh amount in addition to the applicable EESI Energy Price if the Actual Usage at the applicable Facilities during a specified time period is less than the Minimum Usage established for such time period.
Sample 1Sample 2
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Deficiency Usage. In the event that for any Billing Cycle, the aggregate Actual Usage within a Facility Group is less than the aggregate Minimum Usage for such Billing Cycle for such Facility Group (such difference being the "Deficiency Usage"), Sysco Corporation will pay EESI the applicable compensation provided in Section 2.1.1 for all of the Facility Group’s aggregate Actual Usage, such payment to be made as set forth in Section 2.3, plus, for each kWh of Deficiency Usage, EESI shall be entitled to charge Sysco Corporation an amount equal to the positive difference, if any, derived by subtracting (i) the Average Energy Price for the Facility Group for the applicable Billing Cycle from (ii) the EESI Energy Price. EESI shall credit Sysco Corporation for each kWh of Deficiency Usage, an amount equal to the negative difference, if any, derived by subtracting (x) the Average Energy Price for the Facility Group for the applicable Billing Cycle from (y) the EESI Energy Price. Credits and charges under this Section 2.2.2 shall be netted out and paid by the Party owing same to the Party to which such net amount is owed on an annual basis and reflected on the next EESI Invoice. Notwithstanding the foregoing, in no event shall the Sysco Parties or Sysco Corporation be responsible for any Deficiency Usage which is caused by EESI’s energy management activities, including without limitation a change to the Billing Cycle or a voluntary curtailment pursuant to Section 2.2.4.
Sample 1
Deficiency Usage. In the event that for any Billing Cycle, the aggregate Actual Usage within a Facility Group is less than the aggregate Minimum Usage for such Billing Cycle for such Facility Group (such difference being the "Deficiency Usage"), Sysco Corporation will pay EESI the applicable compensation provided in Section 2.1 for all of the Facility Group’s aggregate Actual Usage plus, for each kWh of Deficiency Usage, an amount equal to the positive difference, if any, derived by subtracting (i) the weighted average Spot Energy Price for the Facility Group for the applicable Billing Cycle from (ii) the EESI Energy Price. EESI shall credit Sysco Corporation for each kWh of Deficiency Usage, an amount equal to the negative difference, if any, derived by subtracting (x) the weighted average Spot Energy Price for the Facility Group for the applicable Billing Cycle from (y) the EESI Energy Price.
Sample 1
Deficiency Usage. Commencing on April 1, 2002 and continuing through to the end of the Contract Term, if for any Contract Year or prorated portion thereof, SBC’s Actual Usage for all Facilities is less than the Minimum Usage for such Contract Year or prorated portion thereof (the “Deficiency Usage”), then SBC shall pay EESI the applicable compensation provided in Section 2.1 for all of SBC’s Actual Usage; plus, for each kWh of Deficiency Usage, an amount equal to the difference (if the resultant difference is a negative number, then neither party shall be responsible to pay the other party such difference ), if any, of (a) the Generation Rate less (b) the volume weighted Spot Energy Price (weighted over the aggregate Actual Usage for all Facilities) for the applicable Contract Year.
Sample 1
Deficiency Usage. For each Transaction, in the event that for any Contract Year other than the first Contract Year Customer's Actual Usage is less than the Minimum Usage for such Contract Year ("Deficiency Usage"), Customer will pay EESI the applicable compensation provided in Section 3.1 for all of Customer’s Actual Usage plus, for each kWh of Deficiency Usage, a Deficiency Usage Charge calculated pursuant to the applicable Transaction Agreement.
Sample 1
Deficiency Usage. For each kWh of Deficiency Usage at each Account for each Billing Cycle, we will calculate an amount equal to the difference derived by subtracting (i) the weighted average Spot Energy Price for the applicable Billing Cycle from (ii) the EESI Energy Price. If such amount is a positive number, you will pay us that amount, and if such amount is a negative number, we will pay you the positive value of that amount. While the amounts calculated under this provision will be determined for each Billing Cycle, the Parties will settle amounts due on a net basis every six months during the Transaction Term. As used herein, “Spot Energy Price” means the weighted average (weighted in accordance with the applicable Account's Actual Usage) Hourly Energy Price applicable to the California ISO delivery point plus uplifts such as ancillary services, losses, congestion, ISO and administrative fees, and other non-Utility related costs. WHERE: "Hourly Energy Price" means the product of (i) the DJ Price; multiplied by (ii) the Historical Hourly Price divided by the Historical Block Price, as calculated for the applicable Facility for each hour during each month. "Historical Hourly Price" means, for any particular hour during a particular month, the average of the California Power Exchange day ahead hourly prices for the corresponding hour (regardless of whether such hour is an on peak, off peak, Sunday or North American Electric Reliability Council ("NERC") holiday hour) during each day of the corresponding month in the year 2000. "Historical Block Price" means, for any particular on peak, off peak, Sunday or NERC holiday hour during a particular month, the average of the California Power Exchange day ahead prices for such on peak, off peak, Sunday or NERC holiday hours, as applicable, during the corresponding month in the year 2000. "DJ Price" means any on peak, off peak, Sunday or NERC holiday hour (as applicable) during a particular day of the month, the price for firm electric energy for such on peak, off peak, Sunday or NERC holiday hour, respectively, as published in the Wall Street Journal for such day, which price shall be the NP15 or SP15 prices delivered to the ISO-controlled grid in California, as applicable to each applicable Facility, and shall be exclusive of components for administrative costs, settlements, ancillary services, congestion fees, distribution losses, uplift charges and other similar charges.
Sample 1
Deficiency Usage. In addition to the compensation provided for in Section 2.1, in the event that during any Contract Year after the Billing Cycle commencing in January 2005 Customer's Actual Usage is less than the Minimum Usage for such Contract Year ("Deficiency Usage"), Customer will pay EESI for each kWh of Deficiency Usage an amount equal to the positive difference, if any, derived by subtracting (i) the average Spot Energy Price for the applicable Contract Year from (ii) the EESI Energy Price. During any Contract year in which there is a Deficiency Usage, the minimum usage shall be adjusted to reflect any Tolling Period (as defined in Section 4.3 of this Agreement) during such Contract Year. Notwithstanding the foregoing, the Parties agree that if, at Customer's request and pursuant to a separate agreement, EESI implements Energy efficient technologies at any of the Facilities, including installation of self-generation equipment and implementation of Energy efficiency programs (collectively, “DSM Projects”), and, as a result thereof, Customer’s Energy usage is decreased, then, for purposes of calculating Customer's Deficiency Usage hereunder, the Minimum Usage shall be decreased on a kWh by kWh basis for such decrease in Customer’s Energy consumption resulting from the DSM Projects.
Sample 1
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Deficiency Usage. [% off pricing] In the event that for any Contract Year [other than the first Contract Year], REMOVE IF BASELINE IS 12 MONTH HISTORICAL Customer's Actual Usage is less than the Minimum Usage for such Contract Year ("Deficiency Usage"), Customer will pay EESI the applicable compensation provided in Section 2.1 for all of Customer’s Actual Usage plus, for each kWh of Deficiency Usage, an amount equal to the positive difference, if any, derived by subtracting (i) the sum of (a) the average Spot Energy Price for the applicable Contract Year and (b) the average per kWh Distribution Charges for the Facilities for such Contract Year; from (ii) the Average Energy Rate. [meter fixed price] In the event that for any Contract Year [other than the first Contract Year], Customer's Actual Usage is less than the Minimum Usage for such Contract Year ("Deficiency Usage"), Customer will pay EESI the applicable compensation provided in Section 2.1 for all of Customer’s Actual Usage plus, for each kWh of Deficiency Usage, an amount equal to the positive difference, if any, derived by subtracting (i) the sum of (a) the average Spot Energy Price for the applicable Contract Year and (b) the average per kWh Distribution Charges for the Facilities for such Contract Year; from (ii) the EESI Energy Price. [fixed price, generation only] In the event that for any Contract Year [other than the first Contract Year], Customer's Actual Usage is less than the Minimum Usage for such Contract Year ("Deficiency Usage"), Customer will pay EESI the applicable compensation provided in Section 2.1 for all of Customer’s Actual Usage plus, for each kWh of Deficiency Usage, an amount equal to the positive difference, if any, derived by subtracting (i) the average Spot Energy Price for the applicable Contract Year; from (ii) the EESI Energy Price.
Sample 1

Related to Deficiency Usage

  • Excess Usage If during a Billing Period, In Energy is greater than zero (0), then Excess Usage for that Billing Period will be calculated. If Excess Usage is greater than zero (0), then for the Facility and any secondary account at the conclusion of that Billing Period: (i) kilowatt-hour usage will equal the value of Excess Usage and (ii) Unused Credits are equal to zero (0). If Excess Usage is equal to zero (0), then for the Facility and secondary accounts at the conclusion of that Billing Period: (i) kilowatt-hour usage is equal to zero (0) and (ii) Unused Credits are reduced by the value of In Energy, determined for that Billing Period, and that reduced value, in accordance with paragraph (C) Unused Credits of this Article IV, will remain for possible future application.

  • Word Usage Words used in the masculine shall apply to the feminine where applicable, and wherever the context of this Agreement dictates, the plural shall be read as the singular and the singular as the plural.

  • Availability Reserves All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • Funding Availability This Contract is at all times subject to state appropriations. The Department makes no express or implied representation or guarantee of continued or future funding under this Contract. The Department has, as of the date of the execution of this Contract, obtained all requisite approvals and authority to enter into and perform its obligations under this Contract, including, without limitation, the obligation to make the initial payment or payments required to be made under this Contract on the date or dates upon which such initial payment or payments may otherwise be disbursed during the current contract period, (i.e., Sept ember 1, 2015, through August 31, 2017). The Grantee acknowledges the Department’s authority to make such payments is contingent upon the Texas Legislature's appropriation to the Department of sufficient funds and the availability of funds to the Department for such purpose. If the State of Texas or the federal government terminates its appropriation through the Department or fails to pay the full amount of the allocation for the operation of any grant or reimbursement program hereunder , or the funds are otherwise unavailable, the Department may immediately and without penalty reduce payments or terminate this Contract, in whole or in part. Upon termination of the Contract or reduction of payments, the Grantee shall return to the Department any unexpended funds already disbursed to the Grantee. Neither the Department nor the State of Texas shall incur liability for damages or any loss that may be caused or associated with such termination or reduction of payments. The Department shall not be required to give prior notice for termination or reduction of payments.

  • Funds Availability For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays and legal banking holidays in the State of Utah.

  • Borrowing Base Deficiency If at any time there exists a Borrowing Base Deficiency the Borrower shall cure same in accordance with Section 2.06 hereof.

  • Excess Cash Flow No later than ten (10) Business Days after the date on which the financial statements with respect to each fiscal year of Holdings ending on or after December 31, 2019 in which an Excess Cash Flow Period occurs are required to be delivered pursuant to Section 5.01(a) (each such date, an “ECF Payment Date”), the Borrower shall, if and to the extent Excess Cash Flow for such Excess Cash Flow Period exceeds $1,375,000, make prepayments of Term Loans in accordance with Section 2.10(h) and (i) in an aggregate amount equal to (A) the Applicable ECF Percentage of Excess Cash Flow for the Excess Cash Flow Period then ended (for the avoidance of doubt, including the $1,375,000 floor referenced above) (B) minus $1,375,000 minus (C) at the option of the Borrower, the aggregate principal amount of (x) any Term Loans, Incremental Term Loans, Revolving Loans or Incremental Revolving Loans (or, in each case, any Credit Agreement Refinancing Indebtedness in respect thereof), in each case prepaid pursuant to Section 2.10(a), Section 2.16(b)(B) or Section 10.02(e)(i) (or pursuant to the corresponding provisions of the documentation governing any such Credit Agreement Refinancing Indebtedness) (in the case of any prepayment of Revolving Loans and/or Incremental Revolving Loans, solely to the extent accompanied by a corresponding permanent reduction in the Revolving Commitment), during the applicable Excess Cash Flow Period (or, at the option of the Borrower and without duplication, after such Excess Cash Flow Period and prior to such ECF Payment Date) and (y) the amount of any reduction in the outstanding amount of any Term Loans or Incremental Term Loans resulting from any assignment made in accordance with Section 10.04(b)(vii) of this Agreement (or the corresponding provisions of any Credit Agreement Refinancing Indebtedness issued in exchange therefor), during the applicable Excess Cash Flow Period (or, at the option of the Borrower and without duplication, after such Excess Cash Flow Period and prior to such ECF Payment Date), and in the case of all such prepayments or buybacks, to the extent that (1) such prepayments or buybacks were financed with sources other than the proceeds of long-term Indebtedness (other than revolving Indebtedness to the extent intended to be repaid from operating cash flow) of Holdings or its Restricted Subsidiaries and (2) such prepayment or buybacks did not reduce the amount required to be prepaid pursuant to this Section 2.10(f) in any prior Excess Cash Flow Period (such payment, the “ECF Payment Amount”).

  • Closing Availability After giving effect to all Borrowings to be made on the Effective Date and the issuance of any Letters of Credit on the Effective Date and payment of all fees and expenses due hereunder, and with all of the Loan Parties’ Indebtedness, the Borrowers’ Availability shall not be less than $500,000.

  • High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-­‐level redundancy, end-­‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.

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