Lost Production Sample Clauses

Lost Production. To the extent an interruption, or reduction pursuant to Section 5.6 results from Uncontrollable Circumstances as contemplated in Section 13.3 or from an Electric System Emergency as contemplated in Section 8.5.3 (the “Lost Production”) Seller may, for the sole purpose of meeting their annual Electric Energy production obligation under Section 5.8.2 and with written approval from PPUC, add the net Lost Production for that Contract Year to the Annual Electric Energy Delivered in that Contract Year. Lost Production shall be calculated using the same method used to establish Curtailments as set forth in Section 5.7. Without limiting the provisions of Clause 5 or Clause 6 seller shall not invoice or be paid by PPUC for such Lost Production.
Sample 1
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Lost Production. NorthWestern shall compensate Seller for Lost Production in accordance with Section 6.7.3 of this Agreement.
Sample 1
Lost Production. Where due to poor weather conditions, machinery or equipment breakdown, or for any other reason which prevents the continuance of normal work, employees shall be provided with alternative productive work or training. By mutual agreement, where no alternative productive work is available and no training can be arranged, the employee shall have the choice of either: - taking annual leave. - using accrued R.D.O’s. - taking leave without pay. - utilising spread of hours.(eg. Not working on Monday and Tuesday, and making up time on the rest of the cycle.) In the case of inclement weather, consideration will be given to ensuring that a safe workplace is provided and safe systems of work are used.
Sample 1
Lost Production. Lost Production" means for any period the quantity, if any, of Energy and E nvironmental A ttributes that S xxxxx coul d have m ade av ailable t o Purchaser at t he D elivery Point dur ing s uch p eriod but t hat w as not s o made available as a result of a Compensated Backdown. The Lost Production shall be calculated by S xxxxx using d ata f rom t he S CADA System and based on act ual wind speed measurements dur ing t he appl icable t ime as r ecorded by th e W ind Project's w ind s peed m easurement i nstrumentation. U pon P urchaser's r equest, Seller shall provide to Purchaser relevant data and supporting documentation so that Purchaser can verify the calculation of Lost Production, as contemplated by the pr eceding s entence. P urchaser s hall p ay t o S xxxxx on a m onthly b asis, as liquidated damages in respect of any Lost Production, the amount determined in accordance with the following formula ("Lost Production Liquidated Damages"): LD = L * (P + PTC) Where:
Sample 1
Lost Production. LESSEE agrees to and shall release LESSOR, its officers, agents and employees, from and against any and all claims by LESSEE for forfeiture of an oil, gas or mineral lease, for damage to a producing reservoir or lease operations or for lost production, arising from or in connection with the failure of the operation of the Equipment for any reason whatsoever, or losses or damages related thereto. Such release shall apply where the claims, losses, damages, causes of action, suits or liabilities arise in whole or in part from the sole or concurrent negligence of LESSOR in the defectiveness of the Equipment. Furthermore, if such claims, losses and damages arise in whole or in part from the defectiveness of the equipment, such release shall apply whether such defect and failure of the equipment result in whole or in part from the design, manufacture, marketing or distribution of the Equipment or from the failure of LESSOR to warn any person of any such defect.
Sample 1

Related to Lost Production

  • Marketing of Production Except for contracts listed and in effect on the date hereof on Schedule 7.19, and thereafter either disclosed in writing to the Administrative Agent or included in the most recently delivered Reserve Report (with respect to all of which contracts the Borrower represents that it or its Subsidiaries are receiving a price for all production sold thereunder which is computed substantially in accordance with the terms of the relevant contract and are not having deliveries curtailed substantially below the subject Property’s delivery capacity), no material agreements exist which are not cancelable on 60 days notice or less without penalty or detriment for the sale of production from the Borrower’s or its Subsidiaries’ Hydrocarbons (including, without limitation, calls on or other rights to purchase, production, whether or not the same are currently being exercised) that (a) pertain to the sale of production at a fixed price and (b) have a maturity or expiry date of longer than six (6) months from the date hereof.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Other Products After clinical or other evidence, provided in writing [***] to Company, demonstrating the practicality of a particular market or use within the LICENSED FIELD which is not being developed or commercialized by Company, Company shall either provide JHU with a reasonable development plan and start development or attempt to reasonably sublicense the particular market or use to a third party. If within six (6) months of such notification [***] Company has not initiated such development efforts or sublicensed that particular market or use, JHU may terminate this license for such particular market or use. This Paragraph shall not be applicable if Company reasonably demonstrates to JHU that commercializing such LICENSED PRODUCT(S) or LICENSED SERVICE(S) or granting such a sublicense in said market or use would have a potentially adverse commercial effect upon marketing or sales of the LICENSED PRODUCT(S) developed and being sold by Company.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • Production Lessee shall, subject to applicable laws, regulations and orders, operate and produce all xxxxx upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of xxxxx on adjoining lands within the same field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefore, and except for such limitations on, or suspensions of, production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties.

  • Downtime Due to the nature of server provision, downtime and lost transmissions may occur as part of routine maintenance. You are advised to maintain a copy of your account status and details of Content purchased.

  • Supply of Products During the term of this Agreement and any extension hereof, the Seller shall sell and supply the products as set out in Schedule 1 hereto (“Products”) to SiPM and SiPM shall buy from the Seller such Products on a non-exclusive basis. The specifications of the Products are set out in Schedule 2 hereto. SUPPLY AGREEMENT - SiPM A Supply Agreement is a document between two parties, a Supplier and a Purchaser. The Supplier can be an individual or business and is the party that " supplies," or sells, the goods to the Purchaser. The Purchaser can also be an individual or a business and is the party that purchases for its use the goods that the Supplier provides.

  • Other Products and Services As our customer, you have access to a suite of financial products and services availed by ourselves, our affiliates and strategic partners designed to help you address and achieve your financial needs and goals. You agree that you can obtain information about such Products and Services via our website xxx.xxxxxxxx.xxx.xx and you further agree that we can from time to time communicate information in relation to such Products or Services to you specifically or generally to all cardmembers via such communication mode as we consider appropriate.

  • Manufacture 2.1. The LED(s) on the LED module shall be equipped with suitable fixation elements.

  • Custom Products Effective upon creation of Custom Products, Contractor hereby conveys, assigns and transfers to Authorized User the sole and exclusive rights, title and interest in Custom Product(s), whether preliminary, final or otherwise, including all trademark and copyrights. Contractor hereby agrees to take all necessary and appropriate steps to ensure that the Custom Products are protected against unauthorized copying, reproduction and marketing by or through Contractor, its agents, employees, or Subcontractors. Nothing herein shall preclude the Contractor from otherwise using the related or underlying general knowledge, skills, ideas, concepts, techniques and experience developed under a Purchase Order, project definition or work order in the course of Contractor’s business. Authorized User may, by providing written notice thereof to the Contractor, elect in the alternative to take a non-exclusive perpetual license to Custom Products in lieu of Authorized User taking exclusive ownership and title to such Products. In such case, Licensee on behalf of all Authorized Users shall be granted a non-exclusive perpetual license to use, execute, reproduce, display, perform, adapt and distribute Custom Product as necessary to fully effect the general business purpose(s) as stated in paragraph (b)(i)(2), above.

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