Excess Gas Sample Clauses

Excess Gas. If Seller consumes or requires Gas at a GDP in any Hour in excess of the GDP Block or GDP Blocks amountquantity required to be provided by Buyer under Section 3.3(b) above for that Hour (“Excess Gas”), Buyer shall, at Seller’s request, provide such Excess Gas to Seller at the GDP in that Hour. Seller shall reimburse Buyer for such Excess Gas at a market price plus applicable transportation costs to deliver Excess Gas to the GDP and other costs reasonably incurred by Buyer to provide such Excess Gas, including imbalance charges and other similar penalties incurred by Buyer if Seller fails to provide sufficient Notice to Buyer that Seller will take such Excess (Gas (collectively, “Excess Gas Costs”). The Parties from time to time shall agree upon a published index for each EGDP to establish the market price for Excess Gas and Excess Gas Costs at that GDP.
Sample 1
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Excess Gas. Gas from the Lands, deliverable to a Delivery Point, in excess of the firm CDC Buyer is committed to make available hereunder to Seller at that Delivery Point.
Sample 1
Excess Gas. Seller shall have no obligation to Purchaser with respect to Landfill Gas that may become available from the Landfill in excess of the Combined Design Capacity of Purchaser Facilities and Seller shall be free to destroy, sell, process, consume or take any other action with respect to any excess Landfill Gas without liability or obligation to Purchaser. The parties agree to meet on at least an annual basis to discuss the status of projected waste volumes and constituents being delivered to the Landfill and Purchaser’s expansion opportunities.
Sample 1
Excess Gas. Notwithstanding any other term of this Agreement to the contrary, if at any time following the Commercial Operations Date Purchaser fails to process and sell at least fifty percent (50%) of the Qualifying Landfill Gas made available by Seller over a rolling one hundred eighty (180)-day period (herein defined as an “Excess Gas Condition”), in addition to Seller’s right to terminate this Agreement as provided in Article 6.2(f), Seller shall have the option to provide Purchaser written notice (herein defined as an "Excess Gas Notice") that Seller wishes to sell Qualifying Landfill Gas in excess of the average percentage of Qualifying Landfill Gas processed and sold by Purchaser over the rolling one hundred eighty (180)-day period (“Excess Gas”) to a third party on a permanent basis. Upon receipt of an Excess Gas Notice, Purchaser must within sixty (60) days commence purchasing no less than fifty percent (50%) of all Qualifying Landfill Gas made available by Seller, or lose the right to purchase the Excess Gas. Should Purchaser fail to meet the forgoing conditions, the Excess Gas shall be released to Seller for sale to a third party, and the maximum amount of Qualifying Landfill Gas that Seller is required to make available to Purchaser hereunder shall be reduced to Purchaser’s average percentage use over the above-referenced rolling one hundred eighty (180)-day measurement period. Notwithstanding the above, Purchaser shall not lose any rights to Landfill Gas if and for so long as it processes and sells or otherwise pays (and continues to pay) Seller for no less than fifty percent (50%) of the Qualifying Landfill Gas no more than sixty (60) days from and after Purchaser’s receipt of the Excess Gas Notice. The amount payable to Seller for any Qualifying Landfill Gas not otherwise processed and sold by Purchaser shall be determined by estimating the Gross Revenue that would be derived by Purchaser if Purchaser were to utilize, process and sell the Qualifying Landfill Gas on the same basis and with the same efficiencies that Purchaser utilizes, processes and sells Qualifying Landfill Gas in general and paying Seller the amount that it would be due in accordance with this Agreement.
Sample 1
Excess Gas. Excess Gas" shall mean that quantity of Refuse Gas which is flared or not otherwise utilized by LESSEE's Project, that is, Refuse Gas which is not (a) sold by LESSEE, (b) consumed in the production of Refuse Gas and/or Constituent Products, or (c) used, consumed, or lost in LESSEE's recovery and processing system as contemplated by Section 6.4 (Use of Gas/Products).
Sample 1
Excess Gas. (a) So long as the RNG Facility has achieved Commercial Operation and no Event of Default of Buyer has occurred and is continuing hereunder, Seller shall give Buyer at least ninety (90) days' prior notice of any plans by Seller to sell Excess Gas to a third party or plans to begin using Excess Gas for a commercial purpose (the "EG Notice").
Sample 1

Related to Excess Gas

  • Excess Sales If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof would exceed such Underwriter’s Original Underwriting Obligation reduced by the number or amount of Underwriters’ Securities sold by or on behalf of such Underwriter, such excess will not be attributed to such Underwriter, and such Underwriter will be regarded as having acted only as a Dealer with respect to, and will receive only the concession to Dealers on, such excess.

  • Excess TI Costs Landlord shall have no obligation to bear any portion of the cost of any of the Tenant Improvements except to the extent of the TI Allowance. If at any time the remaining TI Costs under the Budget exceed the remaining unexpended TI Allowance, Tenant shall deposit with Landlord, as a condition precedent to Landlord’s obligation to complete the Tenant Improvements, 100% of the then current TI Cost in excess of the remaining TI Allowance (“Excess TI Costs”). If Tenant fails to deposit any Excess TI Costs with Landlord, Landlord shall have all of the rights and remedies set forth in the Lease for nonpayment of Rent (including, but not limited to, the right to interest at the Default Rate and the right to assess a late charge). For purposes of any litigation instituted with regard to such amounts, those amounts will be deemed Rent under the Lease. The TI Allowance and Excess TI Costs are herein referred to as the “TI Fund.” Funds deposited by Tenant shall be the first disbursed to pay TI Costs. Notwithstanding anything to the contrary set forth in this Section 5(d), Tenant shall be fully and solely liable for TI Costs and the cost of Minor Variations in excess of the TI Allowance. If upon completion of the Tenant Improvements and the payment of all sums due in connection therewith there remains any undisbursed portion of the TI Fund, Tenant shall be entitled to such undisbursed TI Fund solely to the extent of any Excess TI Costs deposit Tenant has actually made with Landlord.

  • Excess Cash Flow No later than ten (10) Business Days after the date on which the financial statements with respect to each fiscal year of Holdings ending on or after December 31, 2019 in which an Excess Cash Flow Period occurs are required to be delivered pursuant to Section 5.01(a) (each such date, an “ECF Payment Date”), the Borrower shall, if and to the extent Excess Cash Flow for such Excess Cash Flow Period exceeds $1,375,000, make prepayments of Term Loans in accordance with Section 2.10(h) and (i) in an aggregate amount equal to (A) the Applicable ECF Percentage of Excess Cash Flow for the Excess Cash Flow Period then ended (for the avoidance of doubt, including the $1,375,000 floor referenced above) (B) minus $1,375,000 minus (C) at the option of the Borrower, the aggregate principal amount of (x) any Term Loans, Incremental Term Loans, Revolving Loans or Incremental Revolving Loans (or, in each case, any Credit Agreement Refinancing Indebtedness in respect thereof), in each case prepaid pursuant to Section 2.10(a), Section 2.16(b)(B) or Section 10.02(e)(i) (or pursuant to the corresponding provisions of the documentation governing any such Credit Agreement Refinancing Indebtedness) (in the case of any prepayment of Revolving Loans and/or Incremental Revolving Loans, solely to the extent accompanied by a corresponding permanent reduction in the Revolving Commitment), during the applicable Excess Cash Flow Period (or, at the option of the Borrower and without duplication, after such Excess Cash Flow Period and prior to such ECF Payment Date) and (y) the amount of any reduction in the outstanding amount of any Term Loans or Incremental Term Loans resulting from any assignment made in accordance with Section 10.04(b)(vii) of this Agreement (or the corresponding provisions of any Credit Agreement Refinancing Indebtedness issued in exchange therefor), during the applicable Excess Cash Flow Period (or, at the option of the Borrower and without duplication, after such Excess Cash Flow Period and prior to such ECF Payment Date), and in the case of all such prepayments or buybacks, to the extent that (1) such prepayments or buybacks were financed with sources other than the proceeds of long-term Indebtedness (other than revolving Indebtedness to the extent intended to be repaid from operating cash flow) of Holdings or its Restricted Subsidiaries and (2) such prepayment or buybacks did not reduce the amount required to be prepaid pursuant to this Section 2.10(f) in any prior Excess Cash Flow Period (such payment, the “ECF Payment Amount”).

  • Excess Funds Any party receiving funds paid by SBBC under this Agreement agrees to promptly notify SBBC of any funds erroneously received from SBBC upon the discovery of such erroneous payment or overpayment. Any such excess funds shall be refunded to SBBC.

  • Excess Cash Borrower shall establish on the date hereof an Eligible Account with Lender or Lender’s agent into which Borrower shall deposit all Excess Cash on each Payment Date during the continuation of a Cash Sweep Period (the “Excess Cash Reserve Account”). Amounts so deposited shall hereinafter be referred to as the “

  • Excess Rent City shall receive fifty percent (50%) of all Excess Rent payable in connection with any Transfer. “Excess Rent” means the excess of (a) all consideration received by Tenant from a Transfer over (b) Rent payable under this Lease after deducting reasonable tenant improvements paid for by Tenant, reasonable attorneys’ fees and any other reasonable out-of-pocket costs paid by Tenant as a result of the Transfer (but specifically excluding any Rent paid to Landlord while the Premises is vacant).

  • Excess Costs If the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“Excess Costs”), provided, however, Landlord will, prior to the commencement of construction of Tenant’s Improvements, advise Tenant of the sum of the Contract Sum and the Construction Management Fee (the “Cost Estimate”). Tenant shall have five (5) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost Estimate. If Tenant fails to approve same by the expiration of the fifth such business day, then Tenant shall be deemed to have approved the Proposed Contract Sum and Cost Estimate. If Tenant disapproves the Contract Sum and Cost Estimate within such five (5) business day period, then Tenant shall either reduce the scope of Tenant’s Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance or, at Tenant’s option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five (5) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The foregoing process shall continue until a Contract Sum and Cost Estimate are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s Improvements in writing prior to the commencement of construction.

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