Excess Water Clause Samples

Excess Water. The Customer must not draw any water from the CPC Pipeline via the Shared Pipeline in excess of its Delivery Entitlements.
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Excess Water. The Tribe shall, as part of the Tribal Water Right, have the first right to use excess water, as defined in this Compact; provided, that total use of the Tongue River Tribal Water Right shall not exceed 32,500 acre-feet per year diverted from direct flow, storage, and exchange water. Tribal nonuse of excess water in any one year shall not affect the right of the Tribe to use excess water in any subsequent year.
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Excess Water. (a) The Customer must not take more water from the Scheme in any Irrigation Season than: (i) the Annual Allocation the Customer is entitled to take during that Irrigation Season under this Irrigation Right reduced by the total of the Applicable Transmission Losses (if any); or (ii) amounts the Customer is entitled to take under any other agreement with the Water Entity. (b) If the Customer does take more water from the Scheme in any Irrigation Season than: (i) the Annual Allocation the Customer is entitled to take under this Irrigation Right during that Irrigation Season reduced by the total of the Applicable Transmission Losses (if any); or (ii) amounts the Customer is entitled to take under any other agreement with the Water Entity,
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Excess Water. 6.1 If during an Irrigation Season the Company has Water that is not being used by farmers, and which can be made available to other farmers who have a right to Water under a Water Agreement, then the Company may: (a) Provide that Water to other farmers provided that no farmer who is entitled to Water shall be prejudiced by that supply; (b) Place conditions on the supply of that Water so that the farmers who are otherwise entitled to that Water are not placed in a position where the supply is to their operational or financial detriment; 6.2 Where, due to mechanical failure or other inability to deliver water, a farmer fails to receive an equitable quantity of available water then that shortfall shall be made up before excess water is made available to other farmers. 6.3 The allocation of Water under clause 6.1 is entirely at the discretion of the Company and there shall be no right of the Farmer to demand the supply of any excess Water. The Company shall use reasonable endeavours to act in an equitable manner when allocating Excess Water.
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Excess Water. (a) The Customer must not take more water from the Scheme in any Irrigation Season than: (i) the Annual Allocation the Customer is entitled to take during that Irrigation Season under this Irrigation Right reduced by the total of the Applicable Transmission Losses (if any); or (ii) amounts the Customer is entitled to take under any other agreement with the Water Entity. (b) If the Customer does take more water from the Scheme in any Irrigation Season than: (i) the Annual Allocation the Customer is entitled to take under this Irrigation Right during that Irrigation Season reduced by the total of the Applicable Transmission Losses (if any); or (ii) amounts the Customer is entitled to take under any other agreement with the Water Entity, then the Customer must pay such fee in respect of the excess water taken as the Water Entity imposes under the Scheme By-Laws or, in the absence of the Scheme By-Laws, as determined on demand by the Water Entity.
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Excess Water. Tenant shall not use water in excess of that ------------ furnished by Landlord for use of the Premises as general office space or connect any apparatus or device for the purpose of using water. If Tenant shall require water in excess of that usually furnished or supplied for use of the Premises as general office space, Tenant shall first procure the written
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Excess Water. 6.1 For the avoidance of doubt this clause applies to any Water which the Board determines is Water to which a ▇▇▇▇▇▇ is entitled that is not being taken and utilised by that ▇▇▇▇▇▇ . That water being Excess Water may be dealt with by the Company provided that the right of the ▇▇▇▇▇▇ to take a full allocation of Water under this agreement is not detrimentally affected but subject to the provisions of Clause 6.2. The Company may enter into arrangements relating to Excess Water by: (a) allocating or licensing the right to use that Excess Water on such terms and conditions as the Company considers appropriate; (b) establishing a trading platform or system (including policies and guidelines for implementing the same) for trading rights to any Excess Water; (c) determining the terms and conditions under which that Excess Water is allocated and/or distributed within the Scheme Area. (d) requiring those farmers who are allocated Excess Water to pay such charges as the Board determines for the supply of that water including any water taken above the weekly allocation of water at the Maximum Supply Rate. 6.2 Where, due to the mechanical failure or other inability to deliver water in respect of the Scheme, a ▇▇▇▇▇▇ fails to receive an equitable quantity of available water then that shortfall shall be made up before Excess Water is made available to other farmers. 6.3 The allocation of Water under clause 6.1 is entirely at the discretion of the Company and there shall be no right of the ▇▇▇▇▇▇ to demand the supply of any Excess Water. The Company shall use reasonable endeavours to act in an equitable manner when allocating Excess Water.
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Excess Water. 9.1 In the event that the Company during any Irrigation Season should have Water available to it sufficient to provide any Irrigator or Irrigators with Excess Water then the Irrigator may apply to the Company for such Excess Water. Provided that the Company is not depriving any other Irrigator of that Irrigator’s Water Quota or to the extent that any Water Quota has not been or will not be utilised by any Irrigator, the Company may agree to supply the Irrigator or any other Irrigator or party with an amount of Excess Water. The allocation of such Excess Water shall be entirely at the discretion of the Company and no Irrigator shall not have any right to demand a supply of any Excess Water and no Irrigator shall have rights against the Company should it refuse to supply Excess Water nor shall the Company be liable to any Irrigator in any way for failing or refusing to supply such Excess Water. Excess Water shall be paid for at such rate and in such manner as the Company shall determine.
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Excess Water. Tenant shall not use water in excess of that furnished by Landlord for use of the Premises as general office space or connect any apparatus or device for the purpose of using water. If Tenant shall require water in excess of that usually furnished or supplied for use of the Premises as general office space, Tenant shall first procure the written consent of Landlord to the use thereof. Landlord, as a condition of Landlord's consent, may cause a water meter to be installed, so as to measure the amount of excess water used. The cost of any such meter and of installation, maintenance and repair thereof shall be paid by Tenant, and Tenant agrees to pay to Landlord promptly upon demand thereof by Landlord for all such excess
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Related to Excess Water

  • Underground Tanks If underground or other storage tanks storing Hazardous Materials located on the Premises or the Project are used by Tenant or are hereafter placed on the Premises or the Project by Tenant, Tenant shall install, use, monitor, operate, maintain, upgrade and manage such storage tanks, maintain appropriate records, obtain and maintain appropriate insurance, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other actions necessary or required under applicable state and federal Legal Requirements, as such now exists or may hereafter be adopted or amended in connection with the installation, use, maintenance, management, operation, upgrading and closure of such storage tanks.

  • Accumulation 1. Originating goods or materials from the territory of a Party, incorporated into a good in the territory of the other Party, shall be considered to be originating in the territory of the other Party. 2. Production carried out by a producer in the territory of a Party may be accumulated with the production of one or more producers in the territory of that Party or the other Party, in such way that the production of the materials incorporated into the good shall be considered as carried out by that producer, provided that the good satisfies the requirements established in Article 3.1 and all other applicable requirements in this Chapter.

  • Noise The Hirer shall ensure that the minimum of noise is made on arrival and departure, particularly late at night and early in the morning. The Hirer shall, if using sound amplification equipment, make use of any noise limitation device provided at the premises and comply with any other licensing condition for the premises.

  • No Release; Return or Destruction Each Party agrees not to release or disclose, or permit to be released or disclosed, any information addressed in Section 6.9(a) to any other Person, except its Representatives who need to know such information in their capacities as such (who shall be advised of their obligations hereunder with respect to such information), and except in compliance with Section 6.10. Without limiting the foregoing, when any such information is no longer needed for the purposes contemplated by this Agreement or any Ancillary Agreement, and is no longer subject to any legal hold or other document preservation obligation, each Party will promptly after request of the other Party either return to the other Party all such information in a tangible form (including all copies thereof and all notes, extracts or summaries based thereon) or notify the other Party in writing that it has destroyed such information (and such copies thereof and such notes, extracts or summaries based thereon); provided, that the Parties may retain electronic back-up versions of such information maintained on routine computer system backup tapes, disks or other backup storage devices; provided further, that any such information so retained shall remain subject to the confidentiality provisions of this Agreement or any Ancillary Agreement.

  • Underground Utilities Any required ground digging or subsurface work shall be done in accordance with Chapter 556, Florida Statutes. It shall be the responsibility of CONTRACTOR to have all underground utilities located before any work begins (Sunshine State One Call ▇-▇▇▇-▇▇▇-▇▇▇▇). The repairs of any damaged underground utilities as a result of the work being performed by CONTRACTOR shall be the responsibility of CONTRACTOR. The proper utility company shall be contacted immediately to expedite the repairs, if damage has occurred. CONTRACTOR will notify the COUNTY and provide a written explanation of the incident within two (2) days of the damage to any underground utilities.