Adjustment of MNWD’s Assigned Capacity Sample Clauses

Adjustment of MNWD’s Assigned Capacity. After June 30, 2029, MNWD’s Assigned Capacity shall be adjusted to MNWD’s Future Capacity Needs, which shall be reserved and maintained by SCWD for the sole benefit of MNWD and its customers for the remaining term of this Agreement. Prior to June 30, 2029, if the Regional Water Quality Control Board or any other local, federal, or state regulatory body require an adjustment to MNWD’s Assigned Capacity, MNWD may make such adjustment no later than June 30, 2029, and will pay any and all costs associated with such requirement, including any and all costs incurred by SCWD and SMWD to accommodate said requirement.
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Related to Adjustment of MNWD’s Assigned Capacity

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

  • Definitions For purposes of this Agreement:

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

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