Unused Capacity. The Carrier shall be entitled, at its own discretion, and without compensation but with no surcharge to the Charterer, to use any unused capacity of a flight, and any part of the flight schedule, unused by the Charterer.
Unused Capacity. Subject to contractual rights with respect to the Northern Transmission System, IPA may schedule the unused capacity of such System for transmission service for other utilities pursuant to procedures prescribed by the Operating Agent.
Unused Capacity. Customer agrees that in the event nominations by TDA Customers are less than the Total Minimum Volume Commitments, Transporter shall be entitled to use the unused capacity to transport volumes nominated by other TDA Customers, without any reduction in the Deficiency Payments payable by Customer under Section 6.3.
Unused Capacity. (1) KAL reserves the absolute and sole rights to sell any unchartered space in the Chartered Aircraft to any other charterers, person or entity.
Unused Capacity. Notwithstanding the foregoing, in the event Borrower elects not to pay the Standby Fee in connection with any Unused Capacity, the Commitment shall be permanently terminated with respect to such Unused Capacity.
Unused Capacity. For the period of time commencing on the Effective Date and continuing through the Termination Date, the Borrowers agree to pay in the aggregate to the Agent for the pro rata account of each Bank in accordance with its DIP Loan Percentage a non-refundable commitment fee at the rate of 0.5% per annum on the daily average unused portion of the DIP Loan Commitment Amount. Such commitment fee will be payable in arrears by the Borrowers, on each Monthly Payment Date and on the Termination Date.
Unused Capacity. 18 7.3 Tariff ............................................................................................................... 19 7.4 Linefill ............................................................................................................. 19 7.5 Off-Spec Crude Oil ......................................................................................... 19 7.6
Unused Capacity. Shipper agrees, to the extent Shipper does not nominate or tender up to Shipper’s Maximum Daily Quantity on the Gathering System in any Month, Gatherer shall be free to utilize such unused capacity on the Gathering System for the provision of gathering and transportation services to other shippers, but only to the extent and duration of Shipper’s under-utilization of its capacity, without impacting the payment obligations of Shipper or any other obligations of Shipper, including, but not limited to Shipper’s obligations pursuant to Article III or otherwise crediting or paying Shipper in any manner. Nothing in this Section 7.2 shall operate to reduce or otherwise alter Shipper’s Maximum Daily Quantity. 7.3
Unused Capacity. If the Charterer does not use all of the chartered space, Hawaiian reserves the right to utilize the space with written consent from the Charterer. Charterer and Hawaiian shall make every effort to communicate with each other in a timely fashion regarding existence and utilization of unused space.
Unused Capacity. (a) To the extent CREH and its Affiliates do not take receipt of all of the Contract Power Capacity, the Company shall schedule and sell to CAISO an amount of Electricity equal to the positive difference between (i) Contract Power Capacity and (ii) the Actual Utilized Power (the “Excess Capacity”). CREH shall be entitled to receive the revenue of any sale of such Excess Capacity actually realized by the Company. For the avoidance of doubt, in the event the Company is unable to produce the Contract Power Capacity, CREH and its Affiliates shall have the right to receive all Electricity produced by the Company (up to the Contract Power Capacity), subject to any arrangements for sale of Electricity between the Company and any third party entered into on or prior to the Effective Date.
