Over-Capacity Clause Samples

The Over-Capacity clause defines the procedures and responsibilities when demand exceeds the agreed-upon capacity in a contract. Typically, it outlines how additional requests or volumes beyond the specified limits are managed, such as requiring advance notice, applying surcharges, or allowing the service provider to refuse excess demand. This clause ensures that both parties understand the limits of service or supply and provides a clear framework for handling situations where those limits are exceeded, thereby preventing disputes and managing expectations.
Over-Capacity. Franchisee shall require in all contracts (entered into after the Effective Date) with each of its customers of their Solid Waste Collection Services to maintain the area around the Container clean and free of rubbish, litter, Solid Waste, garbage, recyclables, or other unsightly material, regardless of the cause of the placement of the rubbish, litter, Solid Waste, garbage or recyclables around the Container. Franchisee shall monitor its customer’s use of their Containers and ensure that the customer is not overfilling the Container beyond the acceptable capacity of the Container. If the City observes that the lid of a Container is not securely closed as a result of overfilling the Container, or rubbish, Solid Waste, garbage, recyclables or unsightly material of any kind has accumulated or is being stored outside the Container, or is visible above the top level of the Container, then the City may: (1) notify the Franchisee or the customer of the violation and require immediate removal of the rubbish, Solid Waste, garbage, recyclables or unsightly materials; or (2) may remove the rubbish, Solid Waste, garbage, recyclables or unsightly materials and bill the Franchisee for its actual expense in cleaning the site around the Container. If the City observes and records three or more instances of a violation of this section or violations of the City’s ordinances by the Franchisee’s customer, then it shall notify the Franchisee and the Franchisee shall require the customer to contract for additional Solid Waste services, additional Containers or a larger Container sufficient to satisfy its Solid Waste and recyclables needs, or take other steps to ensure compliance with the City’s ordinances. Compliance with the provisions of this section by a Franchisee customer shall not waive the City’s right to seek all remedies available under the law or this Agreement whether against the Franchisee or the Franchisee’s customer.
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Over-Capacity. It is agreed that currently the Golf Courses have the capacity to accommodate all of the Kapalua Resort Area's present volume of golf play from the Kapalua Bay Hotel and the existing 528 condominium villas plus projected volume of play from the Hotel and some additional development. NI shall have 150 daily Rounds, which may be equally distributed among The Bay Course, The Village Course and Plantation Course. If, in the opinion of NI, it becomes difficult for Hotel Guests to regularly obtain an adequate number of Rounds, NI shall then notify the Owner of the problem. Adequate is defined as 150 Rounds per day. Owner and NI will jointly examine the situation and will make every reasonable effort to alleviate the problem to their mutual satisfaction within a period of six (6) calendar months. Failing this, NI shall notify Owner of the continuing problem, and NI may then invoke the remedy as stated below: 1. NI shall have the right for and on behalf of Hotel Guests to reserve up to 150 priority daily Rounds of golf which shall be provided in good faith at Owner's discretion with a reasonable allocation among the Golf Courses and which will provide a proportionate number of Rounds in the morning and afternoon periods as the total available Tee Times during each period. 2. If the Tee Times for said priority Rounds are not reserved by specific Hotel Guests by 6:00 p.m. on the third day before the Tee Times, they shall be cancelled, except that thirty (30) of said priority Rounds (determined at Owner's discretion) shall continue to be reserved until noon on the day before the Tee Time, at which time if such Tee Time is not reserved by specific Hotel Guests, it shall be cancelled.
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Related to Over-Capacity

  • Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.

  • 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.

  • Power and Capacity Each Shareholder has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes each Shareholder’s valid, legal and binding obligation and is enforceable against such Shareholder in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights;

  • 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.

  • 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.