Adoption by FERC without Modification Sample Clauses

Adoption by FERC without Modification. The Parties have entered into this Settlement Agreement with the express expectation and condition that FERC will approve the Settlement and issue a New License for the Project that incorporates, without modification, the Proposed License Articles in Section 3. The Parties shall request that FERC adopt the Proposed License Articles without modification. The Parties agree that if FERC approves the Offer of Settlement and incorporates the Proposed License Articles into the New License without modification or otherwise does not disapprove or supersede the terms of this Agreement, they will not seek rehearing of the FERC order granting a New License for any issues covered by this Agreement, or support in any way any such request for rehearing by any non-Party to this Agreement. The Parties recognize that if FERC issues a new license to APGI that is consistent with the Agreement, the Agreement will have the status of a contract enforceable at law and in equity with respect to those provisions that FERC or a court of competent jurisdiction determines are beyond FERC's jurisdiction to enforce. The Parties also acknowledge that the Agreement binds all Parties to perform any commitments they have made therein. Furthermore, the Parties agree that if FERC declines to include in the New License one of the Proposed License Articles, that Article retains its status as a contractual commitment under this Agreement and may be enforceable at law in state court to the extent that it does not conflict with any provision of the New License. The Parties agree that they have provided consideration for the Agreement by compromising rights and remedies they could assert before FERC in this relicensing proceeding.
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Adoption by FERC without Modification. 4.1 The parties have entered into this Settlement Agreement with the express expectation and condition that FERC will approve the Settlement Agreement as an Offer of Settlement and issue a New License for the Project that incorporates, without modification, the Proposed License Articles in Appendix A.
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Adoption by FERC without Modification. The Parties agree that, if FERC approves this Agreement and incorporates the provisions of this Agreement and the Proposed License Articles into the New License without material modification, they will not seek rehearing of the FERC order issuing the New License except as provided in Sections 7.3.2 and 7.3.3, or support in any way any request for rehearing by any non- Party to this Agreement; provided, that this obligation applies only if FERC (i) incorporates into the New License all conditions contained in the Section 401 Certifications issued by ODEQ and CTWS, and (ii) issues the New License after issuance of the Biological Opinion and completion of EFH consultation; and, provided further, that any request for rehearing as provided in (i) and
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Adoption by FERC without Modification. The Parties have entered into this Settlement Agreement with the express expectation and condition that FERC will approve the Settlement Agreement and issue a New License for the Project that incorporates, without modification, the Proposed License Articles in Appendix F. The Parties shall request that FERC adopt the Proposed License Articles without modification. The Parties agree that if FERC approves the Offer of Settlement and incorporates the Proposed License Articles into the New License without modification or otherwise does not disapprove or supersede the terms of this Agreement, they will not seek rehearing of the FERC order granting a New License for any issues covered by this Agreement, or support in any way any such request for rehearing by any non-Party to this Agreement. The Parties recognize that if FERC issues a new license to Progress Energy that is consistent with the Agreement, the Agreement will have the status of a contract enforceable at law and in equity (1) with respect to those provisions that FERC or a court of competent jurisdiction determines are beyond FERC’s jurisdiction to enforce and (2) as provided in Section
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Related to Adoption by FERC without Modification

  • Contract Suspension and Modification (a) Contracting Officer may, by written order, delay or interrupt authorized operations under this contract or, notwithstanding B8.3, modify this contract, in whole or in part:

  • Termination for Changes in Budget or Law The JBE’s payment obligations under this Agreement are subject to annual appropriation and the availability of funds. Expected or actual funding may be withdrawn, reduced, or limited prior to the expiration or other termination of this Agreement. Funding beyond the current appropriation year is conditioned upon appropriation of sufficient funds to support the activities described in this Agreement. The JBE may terminate this Agreement or limit Contractor’s Services (and reduce proportionately Contractor’s fees) upon Notice to Contractor without prejudice to any right or remedy of the JBE if: (i) expected or actual funding to compensate Contractor is withdrawn, reduced or limited; or (ii) the JBE determines that Contractor’s performance under this Agreement has become infeasible due to changes in applicable laws.

  • Sole Source as Grounds for Rejection of a Change Order If a Change Order is submitted to Contractor for the purposes of adding a Bulletin to this Contract and said Bulletin designates a Sole Source from which Contractor is required to procure goods or services necessary to perform the Work, which Sole Source has not been designated previously, Contractor shall be entitled to reject the proposed Change Order if the designated Sole Source refuses to provide to Contractor the warranties, bonds, terms or schedule required under the Contract Documents, including any warranty or terms or schedule required by Bulletins referenced in the proposed Change Order. In such event, Contractor shall give written notice to the Owner rejecting the proposed Change Order and, if possible, shall accompany said written notice with a proposal from Contractor for changes or modifications to the Bulletin so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner may then require the Design Professional to revise the subject Bulletin so as to eliminate the designation of the Sole Source by incorporation of Contractor's proposal or otherwise. Upon revision of the Bulletin by the Design Professional and approval thereof by the Owner, the Owner shall again submit to the Contractor a proposed Change Order for the purpose of adding the revised Bulletin to this Contract. If the Owner decides to retain the Sole Source in the Change Order and Contractor cannot acquire the full contractually required warranties from the Sole Source, Contractor shall be held only to the warranty terms and schedule obtainable from the Sole Source.

  • Classification Changes When the University determines that a revision of a class specification for positions covered by this agreement is needed, and such revision affects the collective bargaining unit designation, the University shall notify AFSCME in writing of the proposed change. AFSCME shall notify the University, in writing, within fifteen (15) days of receipt of the proposed changes, of any comments it has concerning the proposed changes or of its desire to discuss the proposed changes.

  • Termination/Changes We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

  • Amendments by you You may change, stop or defer a debit payment, or terminate this agreement by providing us with at least fourteen (14) days’ written notification by emailing us at Xxxxxx.XxxxxxXxxxxxxx@xxx.xxx.xx or by telephoning us on 1800 333 004 during business hours or arranging it through your own financial institution.

  • TERMINATION OR MODIFICATION A. This Agreement shall continue in full force and effect until December 31, 2011.

  • Modifications to Service This Auction Site reserves the right to modify or discontinue the Service with or without notice to user. This Auction Site shall not be liable to users or any third party should this Auction Site exercise its right to modify or discontinue the Service.

  • ADOPTION OF BUDGET The budget shall be approved and signed below by members of the School Board. Adopted this day of , 20 by a roll call vote of Yeas, and Xxxx, to wit: ** MEMBERS VOTING YEA: ** MEMBERS VOTING NAY: * Based on the 23 Illinois Administrative Code-Part 100 and inconformity with Section 17-1 of the School Code. ** Type in the members who voted "YEA" nor "NAY". Actual school board member signatures are not required for electronic submission.

  • Termination; Modification Green Dot reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Service, and to block or prevent future access to and use of the Service for any reason. Green Dot may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Service, temporarily or permanently, at any time with or without notice to you. You agree that Green Dot shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

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