Quantity Determinations Sample Clauses

Quantity Determinations. (a) The amount of Contract Energy and Storage Energy that is recognized by the Balancing Authority applicable to the Injection Portion as being actually generated or produced by the Generating Facility and Storage Facility, respectively, and delivered to the Injection Point for settlement purposes shall be deemed to be the amount of Contract Energy and Storage Energy actually generated or produced by the Generating Facility and Storage Facility, respectively, and injected at the Injection Point for all purposes of this Agreement. Without limiting Section 4.6, and for the avoidance of doubt, such amount shall not include any quantity of Energy that such Balancing Authority credits to the Facility for settlement purposes (e.g., pursuant to a day-ahead dispatch schedule) but that was not actually generated by the Facility (e.g., imbalance or real-time energy provided by such Balancing Authority).
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Quantity Determinations. (a) The amount of Contract Energy and Storage Energy that is recognized by the Balancing Authority applicable to the [Electric Interconnection Point] 157 158 [Injection Portion]159 as being actually generated or produced by the Generating Facility and Storage Facility, respectively, and delivered to the [Electric Interconnection Point]160 [Injection Portion]161 for settlement purposes shall be deemed to be the amount of Contract Energy and Storage Energy actually generated or produced by the Generating Facility and Storage Facility, respectively, [and injected at the Injection Point]162 for all purposes of this Agreement. Without limiting Section 4.6, and for the avoidance of doubt, such amount shall not include any quantity of Energy that such Balancing Authority credits to the Facility for settlement purposes (e.g., pursuant to a day-ahead dispatch schedule) but that was not actually generated by the Facility (e.g., imbalance or real-time energy provided by such Balancing Authority).
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Quantity Determinations. (a) The amount of Contract Energy and Storage Energy that is recognized by the Balancing Authority applicable to the [Electric Interconnection Point]66 67[Injection Portion]68 as being actually generated or produced by the Generating Facility and Storage Facility, respectively, and delivered to the [Electric Interconnection Point] 69 [Injection Portion] 70 for settlement purposes shall be deemed to be the amount of Contract Energy and Storage Energy actually generated or produced by the Generating Facility and Storage Facility, respectively, [and 66 NTD: Insert if the Facility is external to MISO.
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Quantity Determinations. (a) The amount of Contract Energy that is recognized by the Balancing Authority applicable to the Injection Portion as being actually generated by the Facility and delivered to the Injection Point for settlement purposes shall be deemed to be the amount of Contract Energy actually generated by the Facility and injected at the Injection Point for all purposes of this Agreement. Without limiting Section 4.6, and for the avoidance of doubt, such amount shall not include any quantity of Energy that such Balancing Authority credits to the Facility for settlement purposes (e.g., pursuant to a day-ahead dispatch schedule) but that was not actually generated by the Facility (e.g., imbalance or real-time energy provided by such Balancing Authority).
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Quantity Determinations. (a) At each respective Delivery Point, the quantity of Renewable Diesel delivered to EXXONMOBIL by GCE shall be established by outbound meter tickets expressed in Gallons in accordance with standards commonly used within the renewable diesel industry in the U.S. GCE shall provide copies of meter tickets when requested by EXXONMOBIL. Calculations from the meter readings for determining such quantities shall conform to the procedures set out below:
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Quantity Determinations. 18 8.6.1 Wharf Quantities . . . . . . . . . . . . . . . . . . . . . . . 18 8.6.2 LOBP Quantities. . . . . . . . . . . . . . . . . . . . . . . . 18 8.6.3 Meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 8.6.4 Out of Service Meters. . . . . . . . . . . . . . . . . . . . . 18 8.7 Valero's Off-Spec Product. . . . . . . . . . . . . . . . . . . . . 19 8.7.1 Notification. . . . . . . . . . . . . . . . . . . . . . . . . 19 8.7.2 Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8.7.3 Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8.7.4
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Quantity Determinations. (a) At each respective Delivery Point, the quantity of Product delivered to ExxonMobil by GCE shall be established by outbound meter tickets expressed in Gallons in accordance with standards commonly used within the fuels industry in the U.S. GCE shall provide copies of meter tickets when requested by ExxonMobil. Calculations from the meter readings for determining such quantities shall conform to the procedures set out below:
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Quantity Determinations 
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Related to Quantity Determinations

  • Eligibility Determination The State or its designee will make eligibility determinations for each of the HHSC HMO Programs.

  • INDEPENDENT PRICE DETERMINATION 6.1 By signing and submitting this bid, the Bidder certifies that the prices in this bid have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder prior to bid opening directly or indirectly to any other Bidder or to any competitor; no attempt has been made, or will be made, by the Bidder to induce any person or firm to submit, or not to submit, a bid for the purpose of restricting competition.

  • Company Determination Final Any determination that the Company or the Board of Directors must make pursuant to this Article is conclusive.

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to an ICT technical, financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the President of the British Computer Society (or any other association that has replaced the British Computer Society). The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure by either Party to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his/her appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

  • Determination by the Reviewing Party If the Company reasonably believes that it is not obligated under this Agreement to indemnify the Indemnitee, the Company shall, within 10 days after the Indemnitee’s written request for an advancement or reimbursement of Expenses, notify the Indemnitee that the request for advancement of Expenses or reimbursement of Expenses will be submitted to the Reviewing Party (as hereinafter defined). The Reviewing Party shall make a determination on the request within 30 days after the Indemnitee’s written request for an advancement or reimbursement of Expenses. Notwithstanding anything foregoing to the contrary, in the event the Reviewing Party informs the Company that Indemnitee is not entitled to indemnification in connection with a Proceeding under this Agreement or applicable law, the Company shall be entitled to be reimbursed by Indemnitee for all the Expenses previously advanced or otherwise paid to Indemnitee in connection with such Proceeding; provided, however, that Indemnitee may bring a suit to enforce his/her indemnification right in accordance with Section C.3 below.

  • Estimates and Reconciliation of Estimates Where estimated expenditures are used to determine the amount of the drawdown, the State will indicate in the terms of the State unique funding technique how the estimated amount is determined and when and how the State will reconcile the difference between the estimate and the State's actual expenditures.

  • Inability to Determine LIBOR Rate In the event, prior to the commencement of any Interest Period relating to any Libor Rate Loan, the Agent shall determine that adequate and reasonable methods do not exist for ascertaining the Libor Rate that would otherwise determine the rate of interest to be applicable to any Libor Rate Loan during any Interest Period, the Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrower) to the Borrower and the Lenders. In such event (a) any Loan Request with respect to Libor Rate Loans shall be automatically withdrawn and shall be deemed a request for Base Rate Loans, (b) each Libor Rate Loan will automatically, on the last day of the then current Interest Period applicable thereto, become a Base Rate Loan, and (c) the obligations of the Lenders to make Libor Rate Loans shall be suspended, in each case unless and until the Agent determines that the circumstances giving rise to such suspension no longer exist, whereupon the Agent shall so notify the Borrower and the Lenders.

  • Indemnification Determinations Indemnification of an Indemnified Person pursuant to Section 8.4 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Indemnified Person was not liable by reason of Disabling Conduct or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Indemnified Person was not liable by reason of Disabling Conduct. In making such a determination, the Board of Trustees of the Trust shall act in conformity with then applicable law and administrative interpretations, and shall afford a Trustee requesting indemnification who is not an “interested person” of the Trust, as defined in Section 2(a)(19) of the 1940 Act, a rebuttable presumption that such Trustee did not engage in disabling conduct while acting in his capacity as a Trustee.

  • Acceptable Estimating System The Contractor shall maintain the acceptable status of their Estimating System and submit updates to the current status, if applicable

  • Payment in the Event Losses Fail to Reach Expected Level On the date that is 45 days following the last day (such day, the “True-Up Measurement Date”) of the Final Shared Loss Month, or upon the final disposition of all Shared Loss Assets under this Single Family Shared-Loss Agreement at any time after the termination of the Commercial Shared-Loss Agreement, the Assuming Institution shall pay to the Receiver fifty percent (50%) of the excess, if any, of (i) twenty percent (20%) of the Intrinsic Loss Estimate less (ii) the sum of (A) twenty-five percent (25%) of the asset premium (discount) plus (B) twenty-five percent (25%) of the Cumulative Shared-Loss Payments plus (C) the Cumulative Servicing Amount. The Assuming Institution shall deliver to the Receiver not later than 30 days following the True-Up Measurement Date, a schedule, signed by an officer of the Assuming Institution, setting forth in reasonable detail the calculation of the Cumulative Shared-Loss Payments and the Cumulative Servicing Amount.

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