Underline Clause Samples

Underline. Sec. 1: The employer City shall provide group health coverage for regular, full time employees and dependents (dependents to include domestic partners as defined by Broward County’s registration of domestic partners or any other county/state registration of domestic partners). The City offers two (2) plan options currently named Open Access Plus OAP 10/1/2018 1/1/2019 1/1/2020* * Beginning in calendar year 2020, the City will contribute 80% of the premium for employees electing single or dependent coverage on the OAP plan and the employee will be responsible for contributing 20% of the premium. Thereafter the 80% / 20% cost sharing arrangement shall continue in effect with the dollar value of the contributions being subject to premium changes in future plan years. Primary Care Co-Pay Office Visits on the OAP plan for calendar year 2018 and 2019 are $40.00, and will be reduced to $25.00 per visit beginning in calendar year 2020. ** For the OAPIN plan, the City will continue to contribute 100% of the premium for employees electing single coverage. For employees adding dependents, the City will continue to contribute 90% toward the premium and the employee will be responsible for contributing 10% of the premium. Thereafter the 90% / 10% cost sharing arrangement shall continue in effect with the dollar value of the contributions being subject to premium changes in future plan years. Primary Care Co-Pay Office Visits on the OAPIN plan beginning in calendar year 2018 are $30.00 per visit. Each employee shall have the option of undergoing an annual physical examination through theirthe employee’s physician as provided by the City’s health insurance coverage.

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Underline. Section 1. In consideration of credit heretofore or hereafter granted by ERCOT to Participant pursuant to the Agreement or the related ERCOT Protocols, Guarantor hereby unconditionally, absolutely and, subject to the express provisions of Sections 9 and 20 hereof, irrevocably guarantees to ERCOT, as a primary obligor and not as a surety, the punctual payment when due (subject to any grace period applicable to the Obligations (as defined below)), whether on a scheduled date, by lapse of time, by acceleration of maturity, or otherwise any and all of the Obligations. As used in this Guarantee, the term “Obligations” means, collectively: (a) any and all indebtedness, liabilities and sums of money now or hereafter due ▇▇▇▇▇ owing by Participant to ERCOT pursuant to, or arising under, the Agreement, the ERCOT Protocols or any of the ERCOT market and operating guides, including (without limitation) all scheduling, operating, planning, reliability and settlement policies, rules, guidelines and procedures established from time to time in ERCOT; ERCOT MP GUARANTEE AGREEMENT ERCOT CONFIDENTIAL (b) any and all interest and out-of-pocket expenses (including reasonable attorneys’ fees) contemplated to be paidnow or hereafter due and owing by Participant pursuant to the Agreement, the ERCOT Protocols or any of the ERCOT market and operating guides, in each instance whether or not allowed under any Debtor Relief Law (including all post-petition interest accruing after the commencement of any bankruptcy or insolvency proceeding by or against Participant, whether or not allowed in such proceeding), and all other amounts that would be part of the Obligations but for the operation of Debtor Relief Laws; (c) all assessments and other amounts required to be paid by Participant to ERCOT in order to maintain the Agreement and the ability to conduct business with ERCOT notwithstanding the continuing right of Participant to dispute, contest or pursue rights of setoff of such assessments and other amounts pursuant to the alternative dispute resolution provisions of the ERCOT Protocols; and (d) all reasonable costs, expenses and fees, including, without limitation, court costs and attorneys’ fees, arising in connection with the collection of any or all amounts, indebtedness, obligations and liabilities of Participant to ERCOT described in clauses (a) through (c) of this sentence.

Underline. Status of Board Members. Board members shall not be deemed employees of the Task Force and shall not be compensated by it.

Underline. Joint Project or Poughkeepsies Joint Water Supply Project: The physical facilities and land associated with the production, pumping and transmission of potable water which are jointly owned by the City and Town.

Underline. To the extent that Buyer treats the cash proceeds of a Letter of Credit draw as Performance Assurance, Buyer may apply such cash to reduce Seller’s obligations under this Agreement upon the same terms and conditions that would have permitted drawing under a Letter of Credit provided by Seller as Performance Assurance. In addition, Buyer shall have the right to pledge, re-hypothecate, assign, invest, commingle or otherwise use cash Performance Assurance, provided that Buyer returns such cash Performance Assurance when and as required by this Agreement (less any amounts applied according to the preceding sentence).

Underline. The City shall comply, under normal operating conditions, with the following performance standards:

Underline. (b) For any Replacement ZRC that Seller does not provide to Buyer (provided that Seller shall first be required to use best efforts to provide such Replacement ZRC) as required by Section 3.11(a), then Seller shall pay or credit Buyer an amount equal to (i) the greater of (A) the Auction Clearing Price resulting from the Planning Resource Auction for such Planning Year applicable to a ZRC from a resource located within the Buyer LRZ and (B) ifand (B) if Buyer is acting as Market Participant (or similar representative) for the Facility before the Balancing Authority applicable to the Injection Portion (including any applicable RTO or ISO) and the applicable Balancing Authority imposes any costs or charges on Buyer as a result of Seller’s failure to transfer any Replacement ZRCs to Buyer, including any “capacity deficiency charge” ”, non- compliance charge, or comparableany other cost or charge, the amount of all such costs and charges (in either case, as annualized to cover the applicable amount over the full Planning Year and expressed in $/MW), multiplied by (ii) the amount of Replacement ZRCs Seller so failed to transfer, plus interest on such amountproduct at the Interest Rate accruing from the date on which Replacement ZRCs were required to be transferred to Buyer pursuant to Section 3.11(a) until the date payment is made or the date the Monthly Invoice on which Buyer is credited is delivered to Buyer, as applicable. Seller shall include the amount of any payment or credit pursuant to this Section 3.11(b) on the Monthly Invoice for the month in which the amount of such payment or credit is determined and, if applicable, shall pay such amount to Buyer according to Article XI. (c) The Parties acknowledge and agree that it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by ▇▇▇▇▇ as a result of Seller’s failure to provide to Buyer the Replacement ZRCs required according to Section 3.11. It is understood and AGREED BY THE PARTIES THAT (A) BUYER SHALL BE DAMAGED BY THE FAILURE OF SELLER TO MEET SUCH OBLIGATIONS, (B) IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES RESULTING THEREFROM, (C) ANY SUMS THAT WOULD BE CREDITABLE OR PAYABLE UNDER SECTION 3.11(b) ARE IN THE NATURE OF LIQUIDATED DAMAGES, AND NOT A PENALTY, AND ARE FAIR AND REASONABLE, AND SHALL BE PAID REGARDLESS OF THE AMOUNT OF DAMAGES THAT BUYER ACTUALLY SUSTAINS, (D) EACH PAYMENT REPRESENTS A ANY SUCH SUMS, AND ...

Underline. The amount of Delivered Energy for all purposes of this Agreement shall be deemed to be the least of (i) the amount of Contract Energy actually generated by the Generating Facility and injected at the Injection Point, as determined according to Section 8.2(a), (ii) the sum of (A) the amount of Contract Energy that is recognized by the Balancing Authority applicable to the Delivery Portion as being delivered by Seller (or its designated Market Participant) to Buyer at the Energy Financial Delivery Point in the Applicable Market for settlement purposes, provided such delivery was made according to Section 7.8 (whether physically and/or financially), plus (B) any Contract Energy delivered by Seller to Buyer at the Energy Financial Delivery Point outside such Balancing Authority according to Section 7.8(f) or Section 7.8(g), or (iii) the Maximum Delivered Contract Energy.