Operationally capable definition

Operationally capable means the level of service that Owner is capable of providing in Owner's sole discretion. In the event Owner provides Customer with less than the Maximum Daily Withdrawal Quantity set forth in Exhibit "A", consistent with this Agreement, the Maximum Daily Injection Quantity, Base Gas Requirement and Maximum Working Gas Storage Capacity set forth in Exhibit "A" shall be in the same proportion as they are currently set forth in Exhibit "A". If Owner, at any time after April 1, 1998, provides Customer with less than seventy percent (70%) of the Maximum Daily Withdrawal Quantity, Customer may terminate this Agreement and/or the Firm Storage Service Agreement except in the case when the provision of less than seventy percent (70%) of the Maximum Daily Withdrawal Quantity is the result of a force majeure event(s), in which case Customer may terminate the Agreement if the force majeure extends for a period of greater than ninety (90) consecutive days and except in the cases where the provision of less than seventy (70%) percent of the Maximum Daily Withdrawal Quantity is either (1) the result of planned or routine maintenance; or (2) compliance with applicable regulatory requirements as set forth in the Operating Statement.
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Related to Operationally capable

  • Functionally Dependent Facility means a facility which cannot be used for its intended purpose unless it is located in close proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.

  • Operationally critical support ’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

  • Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

  • HIPAA Compliant means that a Loan Party to the extent legally required (i) is or will use commercially reasonable efforts to be in compliance in all material respects with each of the applicable requirements of the so-called “Administrative Simplification” provisions of HIPAA on and as of each date that any part thereof, or any final rule or regulation thereunder, becomes effective in accordance with its or their terms, as the case may be (each such date, a “HIPAA Compliance Date”) and (ii) is not and could not reasonably be expected to become, as of any date following any such HIPAA Compliance Date, the subject of any civil or criminal penalty, process, claim, action or proceeding, or any administrative or other regulatory review, survey, process or proceeding (other than routine surveys or reviews conducted by any government health plan or other accreditation entity) that could result in any of the foregoing or that has or could reasonably be expected to have a Material Adverse Effect.

  • Reasonable and prudent parent standard means the standard