Alternate Facility. (a) If the Company is unable to accept or Process Acceptable Waste at the Facility in accordance with the terms of this Agreement other than as a direct result of an occurrence of a Event of Force Majeure or Jurisdiction Fault (such an event, a “Forced Outage”), then the Company shall, following prompt notice to the Jurisdictions (both telephonic notice to the Public Works Officials and written notice to the Jurisdictions) either (i) arrange for such Acceptable Waste to be loaded onto trucks at the Facility and transported and disposed of at an alternate disposal facility properly permitted to accept and dispose of Acceptable Waste in accordance with Applicable Law, or (ii) designate and direct the Jurisdictions to transport and dispose of the Acceptable Waste to an alternate disposal facility properly permitted to accept and dispose of Acceptable Waste in accordance with Applicable Law, which in no event shall be located more than twenty (20) miles one way by truck from the Facility (an “Alternate Facility”). The Parties will cooperate with one another in pre-approving Alternate Facilities. The Company may designate a different Alternate Facility for each Jurisdiction, and may only change such designation no more than once weekly, with forty-eight (48) hours’ prior notice (both telephonic notice to the Public Works Officials and written notice to the Jurisdictions) to the affected Jurisdiction. In the event a Forced Outage lasts longer than thirty (30) days or the Jurisdictions are incurring additional costs as a result of using the Alternate Facility which are not being reimbursed by the Company, then each Jurisdiction shall be entitled to reject the Alternate Facility proposed by the Company and separately direct its haulers to deliver the Jurisdiction’s Solid Waste to any other disposal facility selected by the Jurisdiction, in its sole discretion. If the Company directs either Jurisdiction to an Alternate Facility, the Company shall directly pay, to the operator of the Alternate Facility, all costs of disposal of the Jurisdiction’s waste at such Facility, subject only to the Jurisdictions being responsible to pay to the Company the Acceptance Fee for Acceptable Waste delivered directly to and accepted by the Alternate Facility.
(b) The Company shall pay to the Jurisdictions, within sixty (60) days following invoice by the Jurisdictions, for all Alternate Facility Costs incurred by the Jurisdictions, subject to Cost Substantiation. In addition, the Com...
Alternate Facility. At Company’s written request, CyDex shall negotiate with its Third-Party Manufacturer the terms under which the Third-Party Manufacturer would be willing to validate and qualify a backup manufacturing facility for the manufacture of CAPTISOL.
Alternate Facility. First, at Company’s written request, CyDex shall use commercially reasonable efforts to procure that its Third Party Manufacturer validate and qualify a backup manufacturing facility for the manufacture of Captisol.
Alternate Facility. 33 Section 10.2 Partial Reductions Due to a Forced Outage or Event of Force Majeure. 34 Section 10.3 Events of Default of the Company. 35 Section 10.4 Events of Default of Jurisdictions. 36 Section 10.5 Remedies on Default. 36 Section 10.6 Change in Law. 37
Alternate Facility. (a) The City shall use all commercially reasonable efforts to obtain an Alternate Facility to replace this Agreement and the Letter of Credit in the event that (A) the Bank shall decide not to extend the Letter of Credit Expiration Date, (B) the Letter of Credit shall terminate according to its terms, or (C) the Bank directs the Issuing and Paying Agent to cease issuing Covered Notes following the occurrence of an Event of Default.
(b) The City agrees that any Alternate Facility will require, as a condition to the effectiveness of the Alternate Facility, that the issuer of the Alternate Facility will provide funds to the extent necessary, in addition to other funds available, on the date the Alternate Facility becomes effective, for the payment of all outstanding Unreimbursed Drawings and Term Loans at par plus all accrued interest thereon at the Bank Rate, Term Loan Rate or Default Rate, as applicable, through the date such Alternate Facility becomes effective. On such date, any and all amounts due hereunder to the Bank shall be payable in full to the Bank.
Alternate Facility. 2 bFGF...................................................................... 2
Alternate Facility. (a) The City shall use all commercially reasonable efforts to obtain an Alternate Facility to replace this Agreement and the Letter of Credit in the event that (A) the Bank shall decide not to extend the Letter of Credit Expiration Date, (B) the Letter of Credit shall terminate according to its terms, or (C) the Bank directs the Issuing and Paying Agent to cease issuing Covered Notes following the occurrence of an
Alternate Facility. 27 CONTRACTOR shall secure processing capacity at an alternative facility, 28 approved by the City Representative when the CWPF or Composting Facility is closed 29 because of the order of a regulatory agency having jurisdiction over the CWPF or 30 Composting Facility, or the CWPF or Composting Facility is unable to process Organic 31 Waste in accordance with the requirements of this Agreement.
Alternate Facility. At Prism’s written request, CyDex shall [***] with [***] the [***] the [***] be [***] to [***] the [***] for the [***].
Alternate Facility
