Additional Customers. (a) Any additional entity (each an “Additional Customer”) may be added to this Agreement as a Customer upon execution of this Agreement by X.X. Xxxxxx and such Additional Customer. Any such joinder shall not require the prior written approval of, or the execution of any amendment to this Agreement by, any other Customer.
(b) Following the execution of this Agreement by X.X. Xxxxxx and Additional Customer (i) each Additional Customer shall automatically be and become a party to this Agreement as a “Customer” hereunder with the same force and effect as if originally named herein as a Customer; (ii) without limiting the generality of the foregoing, each Additional Customer shall expressly assume all obligations and liability of a Customer under this Agreement; and (iii) Exhibit A to this Agreement shall be automatically amended and restated to include each Additional Customer. Name: Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: CFO First Eagle Funds Title: CFO First Eagle Funds Date: 4/18/17 Date: 4/18/17 Name: Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: SVP First Eagle Investment Mgmt Title: SVP First Eagle Investment Mgmt Date: 4/18/17 Date: 4/18/17 Name: Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: SVP First Eagle Investment Mgmt Title: SVP First Eagle Investment Mgmt Date: 4/18/17 Date: 4/18/17 FINANCIERE ROUGE LLC By First Eagle Funds, its sole member FINANCIERE BLEUE LLC By First Eagle Funds, its sole member Name: Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: SVP First Eagle Investment Mgmt Title: SVP First Eagle Investment Mgmt Date: 4/18/17 Date: 4/18/17 Name: Xxxxx Xxxxxx Title: Executive Director Date: 5/19/2017 Global Custody Agreement - New York - General - DOCUMENT ID: [D2817270] - May 2016
Additional Customers. Except as provided in Article XII of this Agreement, Buyer's and Buyer's Lender's prior written consent, which consent shall not be unreasonably withheld or delayed, shall be required prior to Seller entering into an agreement with any other person or entity, other than the Other Customers, to supply Thermal Energy from the Central Plant. Subject to the prior written consent of Buyer and Buyer's Lenders as provided herein, in the event that Seller enters into such agreement(s), such additional customers shall be charged an appropriate proportion of the cost of production of such thermal energy. The revenues Seller anticipates receiving in connection with any contractual commitments pertaining to such excess Thermal Energy sales, regardless of whether such revenues are actually received, shall be taken into account by Seller in determining the appropriate revisions, if any, to Buyer's Capacity Payments and O&M Services payment obligations to Seller pursuant to Sections 4.1 and 4.2, respectively, of this Agreement to reflect the contractual contribution, if any, of such anticipated third party revenues in reducing the capital, operation and maintenance costs of the Energy Improvements which Buyer is charged by Seller pursuant to this Agreement; provided however, that under no circumstances shall the costs paid by Buyer pursuant to this Agreement be increased as a result of Seller's agreement(s) with such additional customers.
Additional Customers. The Government reserves the right to add or remove DOD and non-DOD customers from the same distribution area, based on a mutually agreed upon implementation plan followed by a formal modification to the BPA.
Additional Customers. In the event that any entity in addition to those listed on Appendix A hereto desires to have the Custodian render services under the terms hereof, it shall so notify the Custodian by executing and delivering to the Custodian a Request in the form of Exhibit A hereto, and if the Custodian agrees to provide such services by acknowledgment thereof such entity shall thereupon become a Company hereunder and be bound by all terms and conditions and provisions hereof including, without limitation, the representations and warranties set forth in Section 20.5 above, and Appendix A hereto shall be deemed to be amended accordingly.
Additional Customers. During the Term of this Agreement, BIW may request ATC to add customers to the list of Customers in Attachment A by submitting a request in writing to ATC. Such request shall inform ATC of the nature of BIW's relationship with the proposed customer, and the basis for BIW's request. ATC shall respond to such request within twenty (20) days subsequent to its receipt, and the decision to grant such request shall be within the sole discretion of ATC. Nothing in this Agreement shall restrict ATC from licensing the Technologies or selling Components or Products (i) to persons other than Customers or (ii) for applications not designated in Attachment A, on an exclusive or non-exclusive basis.
Additional Customers. During the Term, Customer shall have the right, subject to Paciolan’s prior written consent, to enter into agreements with third parties (each, an “Additional Customer”) to sublicense the System in order to allow each such Additional Customer to use the System licensed hereunder on the same terms and conditions set forth herein which relate to Customer’s use of the System. Each written agreement between Customer and an Additional Customer, which shall be made available to Paciolan upon request, shall be at least as protective of Paciolan’s rights as the terms set forth herein and shall provide that such Additional Customer expressly agree to comply with all of the provisions contained herein, as applicable, as if such Additional Customer were the “Customer” (as such term is used herein) and shall name Paciolan as a third party beneficiary of such agreement between Customer and such Additional Customer. Notwithstanding anything herein to the contrary, Customer shall remain primarily liable to Paciolan for any breach of the terms of this Agreement by such Additional Customer including but not limited to the payment of all fees due hereunder, regardless of whether or not such Additional Customer is deemed to be a party hereto.
Additional Customers. (a) Any additional entity (each an “Additional Customer”) may be added to this Agreement as a Customer upon execution of this Agreement by X.X. Xxxxxx and such Additional Customer. Any such joinder shall not require the prior written approval of, or the execution of any amendment to this Agreement by, any other Customer.
(b) Following the execution of this Agreement by X.X. Xxxxxx an Additional Customer (i) each Additional Customer shall automatically be and become a party to this Agreement as a “Customer” hereunder with the same force and effect as if originally named herein as a Customer; (ii) without limiting the generality of the foregoing, each Additional Customer hereby shall expressly assume all obligations and liability of a Customer under this Agreement; and (iii) Exhibit A to this Agreement shall be automatically amended and restated to include each Additional Customer.”
(E) Save as varied by this Amendment, the Principal Agreement is confirmed and shall remain in full force and effect.
Additional Customers. During the Term of this Agreement, GD-ATP may request ATC to add customers to the list of Customers in Attachment A by submitting a request in writing to ATC. Such request shall inform ATC of the nature of GD-ATP's relationship with the proposed customer, and the basis for GD-ATP's request. ATC shall respond to such request within twenty (20) days subsequent to its receipt, and the decision to grant such request shall be within the sole discretion of ATC. Nothing in this Agreement shall restrict ATC from licensing the Technologies or selling Components or Products (i) to persons other than Customers or (ii) for applications not designated in Attachment A, on an exclusive or non-exclusive basis.
Additional Customers. It is the intent of the Parties to encourage the addition of Customers to the Property throughout and after the term hereof. Site Owner hereby irrevocably constitutes and appoints GAIA as its true and lawful attorney-in-fact, with full power of substitution and resubstitution to negotiate and consummate leases, licenses and/or other agreements of use with Customers having a duration beyond the term of this Agreement. Site Owner ratifies and acknowledges the right of GAIA to enter into such agreements, and the Property and Site Owner will be bound by such agreements throughout and after the termination of this Agreement for any reason. Site Owner acknowledges that all such agreements entered into by GAIA shall survive the termination of this Agreement for any reason. Site Owner agrees that it shall not, directly or indirectly, divert or solicit the business of any of XXXX’s Customers on behalf of itself or on behalf of any third party. XXXX shall have a right of first refusal to acquire, on the same terms and conditions offered by or to a third party, any interest in the Property or any portion thereof being transferred by Site Owner for wireless communication purposes such as described in Section 1 above. Site Owner shall, prior to granting or transferring such interest, notify GAIA with a copy of the offer including the price and terms thereof. The foregoing is a continuing right in favor of XXXX and shall not be extinguished by XXXX's exercise or non-exercise of such right on one or more occasions. Upon the grant or transfer of the Property, or any portion thereof, to a third party, Site Owner shall immediately notify GAIA in writing of such grant or transfer, with the name and address of the purchaser.
Additional Customers. The Parties may, at any time, sell water to additional water wholesale users on such terms as the Parties shall agree.
