Liberty. No course of dealing between any parties hereto and no delay by any party in exercising its rights hereunder shall operate as a waiver of any fights of any party. No waiver shall be deemed to be made by any party of its rights hereunder unless the same shall be in writing signed on behalf of such party, and each waiver, if any, shall be a waiver only with respect to the specific instance involved and shall in no way impair the rights or obligations of any other party in any other respect at any other time.
Liberty. Liberty hereby represents and warrants to each Stockholder and the Company as follows: Liberty has all requisite power and authority to execute and deliver this Agreement, to consummate the transactions contemplated by this Agreement and to comply with the terms of this Agreement. The execution and delivery of this Agreement by Liberty and the compliance by Liberty with the terms of this Agreement have been duly authorized by all necessary action on the part of Liberty and no other corporate proceedings on the part of Liberty are necessary to authorize this Agreement. This Agreement has been duly executed and delivered by Liberty and, assuming due authorization, execution and delivery by the other parties hereto, constitutes a valid and binding obligation of Liberty, enforceable against Liberty in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization or similar Laws affecting creditors’ rights generally and by general principles of equity.
Liberty. Liberty Media Corporation, a Delaware corporation, and any successor (by merger, consolidation, transfer or otherwise) to all or substantially all of its assets; provided that in the event a Transferee Parent becomes the Beneficial Owner of all or substantially all of the Equity Securities then Beneficially Owned by Liberty as to which Liberty has dispositive control, the term "Liberty" shall mean such Transferee Parent and any successor (by merger, consolidation, transfer or otherwise) to all or substantially all of its assets. Liberty Acceptance Notice. As defined in Section 5(a). Liberty Global. As defined in the preamble. Liberty Offer Notice. As defined in Section 4(a). Liberty Offer Price. As defined in Section 4(a). Liberty Offered Shares. As defined in Section 4(a). Liberty Parties. Liberty and Liberty Global and including any Permitted Transferee of a Liberty Party who hereafter becomes bound by or who is required to become bound by this Agreement for so long as such Person is or is required to be so bound. Liberty Global and any such Permitted Transferee will each cease to be a Liberty Party at such time as such Person is no longer a Controlled Affiliate of Liberty. Liberty Party Equity Securities. As defined in the Standstill Agreement. Liberty Purchase Period. As defined in Section 5(c). License. Any license, franchise, authorization, permit, certificate, variance, exemption, concession, consent, lease, right of way, easement, instrument, order or approval domestic or foreign, of any Governmental Authority.
Liberty. Based on the assumptions set forth in Item 4 and on the view set forth in the first paragraph of this Item 5(a), the aggregate number of shares of the Stock that Liberty owns beneficially, pursuant to Rule 13d-3 of the Act, is 957,373, which constitutes approximately 22.7% of the 4,217,616 shares of the Stock deemed outstanding pursuant to Rule 13d-3(d)(1)(i) of the Act. Except as set forth above, to the best of the knowledge of the Reporting Persons, none of the persons named in Item 2 herein is the beneficial owner of any shares of the Stock.
Liberty. Liberty has an existing electric vehicle charging rate for residential customers approved in the prior rate case docket, DE 19-064. The customer charge is $11.62 per month and the tariff provides for seasonal time varying rates with three periods for distribution, transmission, and default service rates. The rate is available toresidential customers with separately metered EV charging equipment. See Tariff 21 at 123. As a result, Liberty’s testimony in this instant docket covered only small commercial applications and high demand draw commercial applications. Liberty proposed two rates, depending on the demand. The first is Rate EV-L for demand 200 kW and greater. The second is Rate EV-M for demands 20 kW to 200 kW. Each rate is in line with Liberty’s current commercial and industrial rates, G-1 and G-2, respectively.The calculation of the rates started with reviewing the revenue requirement currently approved for rates G-1 and G-2 in Docket No. DE 19-064. Both rates have customer, demand, and volumetric charges. The design of these existing rates is such that the demand charges1 recover the majority of the costs of serving customers in these rate classes, rather than the volumetric charges. To provide consistency to the volumetric charges, the rates calculated for Rate EV-L and EV-M provide for the revenue requirement of Rates G-1 and G-2 to be heavily weighted on the volumetric kWh charge. The revenue requirement for both EV rates provides for 85 percent to volumetric kWh, 5 percent to the customer charge, and 10 percent to the demand charge.By making this change, the cost to the customer owning the stations will be significantly less on their monthly bill than under current G-1 and G-2 rates. Rate EV-M provides for service for installations of 72 kW or less. This aligns with single phase service requirements in Liberty’s specifications for electrical standards. Rate
Liberty. The REP and VMP budgets are premised on the idea that specified levels of annual spending on capital and O&M activities are necessary to maintain the safety and reliability of the Company’s electrical distribution system. According to Liberty, the REP and VMP O&M activities include protection or replacement of conductors, installation of reclosers, and other measures on low-performing feeders, known as “feeder hardening.” REP and VMP O&M alsoincludes augmented tree-trimming and hazard tree removal, asset replacement (including the replacement of bare mainline conductors), and inspection and maintenance.Consistent with the secretarial letter issued in DE 13-039, Liberty assumed that a base amount of $1,360,000 would be spent on O&M activities associated with REP and VMP during each year. To the extent that the Company spent less than the agreed-upon base O&M budget on REP and VMP O&M activities for a given year, the difference would either be credited back to customers through a refund commencing on the following June 1, or be credited to the next year’s REP and VMP O&M budget, as determined by the Commission. For the 2013 period (April 1 through December 31), Liberty budgeted a base amount of $1,238,200 for REP and VMP O&M expenditures, but actual spending was only $1,055,861.During this same period in 2013, Liberty recovered $1,020,000 through distribution rates for REP and VMP O&M expenditures, $35,861 less than the actual expenditure of $1,055,861. In addition, Liberty received $311,701 in payments from FairPoint Communications (FairPoint) for vegetation management services pursuant to an agreement between the two companies. As a result, Liberty proposes in this filing to refund customers $275,840 (the difference between$311,701 and $35,861). Liberty said that it had decided to budget anticipated FairPoint proceeds in future REP and VMP budgets because Liberty can calculate the approximate amount of VMP costs owed by FairPoint each budget year, and FairPoint has paid Liberty the amounts owed on a consistent basis.The Company attributed the spending variance to lower than expected bid prices for cycle pruning, resulting in lower unit prices, as well as lower spending for spot tree trimming, sub-transmission right-of-way clearing, and trouble and restoration calls. Liberty stated that some of the tree trimming activities were demand driven and the Company experienced lowerdemand for these activities during 2013 than forecasted. On the other hand, the Comp...
Liberty. 1) Amendment to the Meal Allowance clause of this award is reserved to the union in the event of the parties not being able to reach agreement in the future on the amount of the allowance. (2) Liberty is reserved to the union to apply for a variation of clause 8. - Salaries during the currency of this award on the grounds that a minority of employees under the award are required to work longer hours than the majority yet receive the same annual rate of pay and if agreement cannot be reached with the respondent employer on the question.