Insufficient Capacity Sample Clauses

Insufficient Capacity. Based on the adopted level of service standard for schools, if sufficient school capacity is not available or planned to serve a development at the time of impact, the School Board staff shall advise the applicable Local Government of the capacity deficiencies. If sufficient capacity is not available or planned to serve the development at the projected time of impact, the Local Government shall advise the developer that the School Board staff has identified there may be insufficient capacity to serve the development at the time of projected impact. The Local Government shall then advise the developer that they may choose to explore with the School Board and Local Government to provide mitigation for the anticipated impact at the time of review of the final site plan, final plat, or the functional equivalent. If the developer chooses to utilize the options identified in Section 11.5 of this Agreement, the developer shall enter into an enforceable and binding agreement with the School Board and Local Government. It is required that an enforceable and binding agreement be executed by the School Board prior to the Local Government’s public hearing for approval of the final site plan, final plat, or the functional equivalent. When the agreement is approved by the School Board, the agreement will then be presented for approval to the Local Government at the public hearing for the final site plan, final plat, or the functional equivalent. If the developer chooses not to utilize this option, the developer shall acknowledge in writing to the School Board that they understand that they shall be required to address those anticipated deficits prior to final site plan, final plat or the functional equivalent. The review by the School Board staff regarding comprehensive plan amendments, rezonings and DRIs containing residential units shall be classified as a Planning Level Review. The Planning Level Review does not constitute school concurrency review. This Section shall not be construed to obligate a Local Government to deny an application should the School Board fail to identify options to meet anticipated demand or should the collaborative process described in this Section fail to yield a means to ensure sufficient capacity.
Sample 1
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Insufficient Capacity. This means that there is insufficient Elevation Capacity available at a Load Port to meet demand sought under Long Term Nominations in accordance with Part B clause 3.2.
Sample 1Sample 2
Insufficient Capacity. If at any time LMGC, acting reasonably, determines (whether from reviewing the reports Airline provides under Section 1.7, from a review of SABRE or otherwise) that the capacity made available to LMGC **** with respect to a particular **** day period that has not been completed does not comply with Section 1.3, LMGC may notify Airline thereof. ****
Sample 1
Insufficient Capacity. VIRL shall have the right to reject any request for Services, including any Statement of Work or Change Order requested by NXP or any of its Affiliates, to the extent above the Minimum Quarterly Redemption on a quarterly basis, if it reasonably determines, after good faith discussion with NXP, that it does not have the capacity to fulfill the requirements.
Sample 1
Insufficient Capacity. Lack the capacity in accordance with Sections 9.1or 9.2 or 9.3 which is not attributable to Saifun, and Macronix fails to cure in accordance with the provisions of Section 9.7; or
Sample 1
Insufficient Capacity. If at any time LMGC, acting reasonably, determines (whether from reviewing the reports Airline provides under Section 1.7, from a review of SABRE or otherwise) that the capacity made available to LMGC on a **** Route or **** Route with respect to a particular **** day period that has not been completed does not comply with Section 1.3, LMGC may notify Airline thereof. If Airline has not remedied the situation to the reasonable satisfaction of LMGC within 72 hours thereafter, LMGC shall be entitled to book Special Tickets on such **** Route or **** Route, as applicable, in any other economy booking classes in order to ensure that it has the capacity required under Section 1.3 with respect to such **** day period, and the fares payable by LMGC for such Special Tickets shall still be the Special Fares. Similarly, if at any time LMGC determines that it was not provided sufficient capacity on a **** Route or **** Route with respect to any particular **** day period that has then been completed, it may notify Airline thereof. If Airline has not remedied the situation to the reasonable satisfaction of LMGC within 72 hours thereafter, LMGC shall be entitled, for the **** day period thereafter and in addition to the capacity otherwise provided hereunder on such **** Route or **** Route, as applicable, to book additional Airline Seats at the Special Fares in any other economy booking classes in a number sufficient to make up the deficiency for that particular **** day period. In selecting other classes to look to for purposes of this Section 1.4, LMGC shall review the available classes in order of priority, starting with the lowest priority as advised to LMGC from time to time by Airline in writing. If, as a result of booking Special Tickets in any such other class for which the Special Fares have not been loaded, LMGC pays an amount therefor greater than the Special Fares, Airline shall promptly make any required adjustments in connection therewith.
Sample 1

Related to Insufficient Capacity

  • Contract Capacity The capacity of the Project at any time shall be the lower of the following: (A) the contract capacity in MW designated in the Cover Sheet or (B) the Net Rated Output Capacity of the Project (the “Contract Capacity”). Throughout the Delivery Term, Seller shall sell all Product produced by the Project solely to Buyer. In no event shall Buyer be obligated to receive, in any Settlement Interval, any Surplus Delivered Energy. Seller shall not receive payment for any Surplus Delivered Energy. To the extent Seller delivers Surplus Delivered Energy to the Delivery Point in a Settlement Interval in which the Real-Time Price for the applicable PNode is negative, Seller shall pay Buyer an amount equal to the Surplus Delivered Energy (in MWh) during such Settlement Interval, multiplied by the absolute value of the Real-Time Price per MWh for such Settlement Interval.

  • Maximum Capacity The Sick Leave Bank shall accumulate unused Bank days from year to year to a maximum capacity which shall not exceed double the number of eligible employees as defined in the above Section C, Eligibility for Membership.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

  • Acting Capacity ‌ When an employee is assigned temporarily to a job for which he/she is qualified in a higher pay grade for a period of five (5) days or his/her regular workweek, whichever is less, the employee shall be paid retroactively from the initial date of the temporary transfer for the duration of the temporary assignment. The employee shall be paid as if he/she had been promoted during such assignment. In no event may an employee acquire any status in a higher classification as a result of his/her temporary assignment. Acting capacity assignments shall not be made on an arbitrary or capricious basis. Employees shall not be rotated in acting capacity in an arbitrary or capricious manner in order to avoid payment of acting capacity pay. This Article shall not be used in lieu of the proper processing of any request for reclassification or reallocation of a position pursuant to Article 48, Reclassifications, or the filling of a vacancy pursuant to Article 56, Seniority.

  • Assessment of capacity For the purpose of establishing the percentage of the rate to be paid to an employee under this Agreement, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:

  • Stockholder Capacity No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding herein in his or her capacity as such director or officer. Stockholder signs solely in his, her or its capacity as the beneficial owner of the Subject Shares and nothing herein shall limit or prohibit Stockholder or any of its Representatives, in his or her capacity as an officer or director of the Company, from taking any action or failing to take any action in such capacity.

  • INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract. The CONTRACTOR and his or her employees or agents performing under this contract are not employees or agents of the AGENCY. The CONTRACTOR will not hold himself/herself out as or claim to be an officer or employee of the AGENCY or of the State of Washington by reason hereof, nor will the CONTRACTOR make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with the CONTRACTOR.

  • Shareholder Capacity By executing and delivering this -------------------- Agreement, Shareholder makes no agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the Company. Shareholder signs solely in his capacity as the beneficial owner of Shareholder's Shares and nothing herein shall limit or affect any actions taken by Shareholder in his capacity as an officer or director of the Company or any subsidiary of the Company.

  • Corporate Capacity The Acquirer has the corporate power, capacity and authority to enter into and complete this Agreement;

  • Individual Capacity The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Affiliates as though the Administrative Agent were not an Agent. With respect to the Loans made by it and all obligations owing to it, the Administrative Agent shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though it were not an Agent, and the terms “Required Lenders”, “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

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