Amendments to Agreement. This Agreement, or any term thereof, may be changed or waived only by written amendment signed by the party against whom enforcement of such change or waiver is sought. For special cases, the parties hereto may amend such procedures set forth herein as may be appropriate or practical under the circumstances, and Ultimus may conclusively assume that any special procedure which has been approved by the Trust does not conflict with or violate any requirements of its Declaration of Trust or then current prospectuses, or any rule, regulation or requirement of any regulatory body.
Amendments to Agreement. The Agreement is hereby amended as follows:
Amendments to Agreement. This Agreement may be amended or modified by the Member by a writing executed by the Member. The Member shall cause to be prepared and filed any amendment to the Certificate of Formation that may be required to be filed under the Act as a consequence of any such amendment or modification.
Amendments to Agreement. The Agreement is hereby amended as follows:
(a) The following defined terms in Section 1.1 are amended to read as follows:
Amendments to Agreement. This Agreement may be amended only by a written instrument duly approved by LSU through its designated representatives and accepted by EMPLOYEE, such approval and acceptance to be acknowledged in writing.
Amendments to Agreement. No material amendment to this Agreement shall be effective until approved by vote of the holders of a majority of the outstanding shares of the Fund.
Amendments to Agreement. No material amendment to this Agreement shall be effective until approved by the Underwriter and by vote of majority of the Board of Directors of the Fund who are not interested persons of the Underwriter.
Amendments to Agreement. 22.1 Changing this Agreement: A change may be made to this Agreement:
(a) by the written agreement of the parties;
(b) by the Distributor, if the change is a change to the information referred to in Schedule 7 and is made in accordance with clause 7;
(c) by either party if the change is required by law, by the party that considers the change is required giving notice to the other party of the change, the reason for the change, and the date on which the change will take effect. If a party does not agree that a change proposed is required by law, it may raise a dispute in accordance with clause 23; or
(d) by either party if the subject matter of the change is regulated by the Commerce Commission and the change is permitted or required as a result of a determination, decision, or direction of the Commerce Commission.
Amendments to Agreement. 24.1 A change may be made to this agreement:
(a) if the change is to one or more of the Variable Provisions and the change is made in accordance with clause 24.2;
(b) if the change is a change to schedule 9 and the change is made in accordance with clause 9;
(c) to avoid doubt, if the change is a change to a Loss Factor made in accordance with clause 7;
(d) if the change is required by law, including the Code, or any mandatory rules or protocols of any industry association or body of which both the Distributor and the Retailer are members or signatories at the relevant time, and the change is made in accordance with clause 24.4;
(e) if the change is made in accordance with clause 24.5 and involves:
(i) permanent disconnection of all or part of the Network from a GXP; or
(ii) the construction of a new GXP; and
(f) if the change does not fall into any of the categories set out above, and the change is made in accordance with clause 24.4.
24.2 Process to change any of the Variable Provisions: The Variable Provisions may be changed only:
(a) in accordance with any applicable process in the Variable Provision;
(b) if there is no applicable process in the Variable Provision and the party seeking the change is the Distributor, in accordance with clause 24.3; or
(c) by agreement in writing between the parties.
24.3 Distributor seeks change to a Variable Provision: If there is no applicable process in the Variable Provision, the Distributor may change the Variable Provision, provided that the proposed change is in accordance with Good Electricity Industry Practice and the Distributor has complied with the following:
(a) subject to paragraph (b), the Distributor will give the Retailer a Change Notice not less than 20 Working Days before the date on which the Distributor wishes the change to take effect; and
(b) before giving the Change Notice to the Retailer:
(i) the Distributor will consult with the Retailer about the proposed change for a reasonable period, having regard to the nature of the proposed change, but in any event a period of not less than 20 Working Days, and will consider in good faith any submission that the Retailer makes regarding the proposed change; and
(ii) provide the Retailer with a summary of all submissions received and the responses to the submissions that clearly indicates whether the majority of retailers by number of ICPs supplied on the Network support or do not oppose the change proposed. For the avoidance of doubt, the Distributor may...
Amendments to Agreement. This Agreement may be amended or modified at any time only by subsequent written agreement approved and executed by all of the Members.
