Delivery of Water. 7.1 Subject to the Documents and seasonal and operating conditions permitting, the Company must use its reasonable endeavours to deliver Water Allocation to the Customer during the Water Year in accordance with the Customer’s Delivery Entitlements and the Access and Ordering Rules.
7.2 The Company is under no obligation to deliver water:
(1) unless and until the Company has a volume of water available to it under the Murrumbidgee Irrigation (conveyance) Access Licence which is sufficient for the delivery of water by the Company to the Customer and all other holders of Delivery Entitlements;
(2) in excess of the Water Allocation;
(3) unless and until the Company and the Customer have agreed upon satisfactory arrangements for:
(a) payment of arrears (if any) of, and security for the payment of, Charges; or
(b) repayment of water debts or water borrowings (including by debiting the Customer’s Water Allocation Account);
(4) if the Customer has otherwise agreed, including under any contract with the Company;
(5) if the Company has closed any relevant part of the Company’s Works, including under clause 16 or clause 17.3;
(6) unless and until the Company is reasonably satisfied that the Customer's Works and the Company’s Works are adequate and have sufficient capacity to deal with the delivery of water to the Customer;
(7) unless and until the Customer has complied with reasonable requests (if any) from the Company to notify the Company of the Customer's intended use of water delivered to the Customer under this Contract for the relevant Water Year, including for the purposes either of demand management or water use efficiency monitoring programs, and the Company has approved that use;
(8) if the Company reasonably believes that the water to be delivered to the Customer is not of a quality suitable for delivery, including where it is contaminated;
(9) if delivery of water would, in the reasonable opinion of the Company, contravene the Company's obligations under a Legal Requirement;
(10) if delivery of water would, in the reasonable opinion of the Company, result in a breach of any right or entitlement of a third party where such breach might reasonably expose the Company to liability to such third party; or
(11) if the Company is entitled elsewhere in the Documents to suspend the delivery of water to the Customer.
7.3 The Customer acknowledges that the Company is only obligated to deliver to a Customer water that is held in that Customer's Water Allocation Accou...
Delivery of Water. Not Delivered in Accordance With Schedule - Deleted> (e)32 Delivery of Carry-over Entitlement Water Upon request of the Agency, the State shall make Carry-over Entitlement Water available for delivery to the Agency during the first three months of the next year, to the extent that such deliveries do not adversely affect current or future project operations, as determined by the State. The State’s determination shall include, but not be limited to the operational constraints of project facilities, filling of project conservation storage, flood control releases and water quality restrictions. Carry-over of entitlement water shall be limited to entitlement water that was included in the Agency’s approved delivery schedule for October, November and December, but was not delivered due to:
Delivery of Water. Premium Water Entitlement
Delivery of Water. Lessee’s Augmentation Water will be delivered at the St. Vrain Sanitation District discharge point to the St. Vrain River, or at another location as may be mutually agreed upon by the Parties.
Delivery of Water. Not Delivered in Accordance With Schedule - Deleted> (e)25 Delivery of Carry-over Entitlement Water Upon request of the Agency, the State shall make Carry-over Entitlement Water available for delivery to the Agency during the first three months of the next year, to the extent that such deliveries do not adversely affect current or future project operations, as determined by the State. 23 Amended: Amendment 2 24 Deleted: Amendment 17 25 Added: Amendment 15 The State’s determination shall include, but not be limited to the operational constraints of project facilities, filling of project conservation storage, flood control releases and water quality restrictions. Carry-over of entitlement water shall be limited to entitlement water that was included in the Agency’s approved delivery schedule for October, November and December, but was not delivered due to:
Delivery of Water. During each Contract Year, the Authority shall deliver water to each Customer in accordance with their Water Allocations and the terms and conditions of this Contract. Customers shall pay for and the Authority shall timely develop and deliver new Water Supply Sources and facilities to meet the needs of its Customers as set forth in Sections 11 and 12 herein.
Delivery of Water. Not Delivered in Accordance With Schedule - Deleted> (e)27 Delivery of Carry-over Entitlement Water
Delivery of Water. The City agrees to sell and to deliver potable water under this Contract to Customer at its Point of Delivery as described in Section 6 hereof, and Customer agrees to take at its Point of Delivery all water required for use by Customer during the term of this Contract, including all potable water for Customer’s own use and for distribution to all customers served by Customer’s water distribution system, or within Customer’s existing Texas Commission on Environmental Quality (“TCEQ”) certificated retail service area. It is specifically provided, however, that after the Contract Date, unless required to do otherwise by the TCEQ or a court of competent jurisdiction, Customer shall not enter into, renew, or amend with regard to volume of water to be supplied, any agreement to provide wholesale or retail potable water for use outside its boundaries, its extraterritorial jurisdiction, or its certificated retail service area unless each such agreement is approved by the City (which approval shall not be unreasonably withheld unless the projected additional volume affects the City’s ability to provide service to others or conflicts with law or City policy). Customer shall not become a party to any contract for the sale of potable water that would violate or be inconsistent with the provisions of this Contract. The City will use its best efforts to furnish and remain in a position to furnish potable water sufficient for all reasonable potable water requirements of Customer, but its obligation shall be limited to the amount of potable water available to it from the System during routine operation. The maximum rate of delivery at the Point of Delivery shall not exceed Four Thousand Five Hundred (4,500) gallons per minute (Six Million Four Hundred Eighty Thousand [6,480,000] gallons per day), which is consistent with the capabilities and abilities of City facilities, and it is understood that the City may from time to time adjust the maximum rate of delivery on an equitable and uniform basis to all Customer Entities with reasonable prior notice.
Delivery of Water. In exchange for the surrender and cancellation of Stock Certificate No. for shares of stock issued by LaVerkin Bench Canal Company to , City hereby commits to deliver to and its legal successors-in-interest, the “Contract Holder,” one Share Equivalent for each full share in LaVerkin Bench Canal Company surrendered by Contract Holder and cancelled, subject to the terms and conditions contained in this Water Delivery Contract.
Delivery of Water. The United States or the Operating Agency shall deliver the WMAT’s Leased Water to Tempe through the CAP System as further provided herein; however, neither the United States nor the Operating Agency shall be obligated to make such deliveries if, in the judgment of the Operating Agency or the Secretary, delivery or schedule of deliveries to Tempe would limit deliveries of CAP water to any CAP Contractor, including the WMAT, or CAP Subcontractor to a degree greater than would direct deliveries to the WMAT at the CAP/SRP Interconnection Facility that connects the Xxxxxx-Xxxxxx Aqueduct of the CAP System to SRP’s water delivery system. The United States or the Operating Agency shall deliver the Leased Water to Tempe in accordance with water delivery schedules provided by Tempe to the United States and the Operating Agency, and the Operating Agency shall inform the WMAT of the amount of Leased Water delivered in the previous year. The water ordering procedures contained in article 4.4 of Tempe’s CAP M&I Water Service Subcontract (or any replacement subcontracts) shall apply to Tempe’s ordering of water under this Lease Agreement. In no event shall the United States or the Operating Agency be required to deliver to Tempe under this Lease Agreement, in any one month, a total amount of Leased Water greater than eleven percent (11%) of Tempe’s annual maximum entitlement under this Lease Agreement; provided, however, that the United States or the Operating Agency may deliver a greater percentage in any month if such increased delivery is compatible with the overall delivery of CAP water to other CAP Contractors and CAP Subcontractors, as determined by the United States and the Operating Agency if Tempe agrees to accept such increased deliveries.
