APPLICABILITY AND TERM. Sections 2.1, 2.2 and 2.3 shall apply only to those Funds set forth in Schedule K in any Applicable Period as set forth in Schedule K. For the avoidance of doubt, the application of Sections 2.1, 2.2 and 2.3 shall terminate with respect to a Fund or a Portfolio, as applicable, once such Fund or Portfolio has been in operation for seven (7) years.
APPLICABILITY AND TERM. 2.1 This Agreement applies to all Processing carried out by Us as a Processor on the basis of the Underlying Engagement provided by You as a Controller.
2.2 This Agreement takes effect on the date on which the Underlying Engagement becomes effective and will end at the time that We no longer hold any of the Personal Data Processed by Us for You in the context of the Underlying Engagement. This Agreement may not be terminated prematurely.
2.3 Clauses 6 and 7 of this Agreement will continue to be valid even after the Agreement (or the Underlying Engagement) has ended.
APPLICABILITY AND TERM. 6.1 This Agreement will take effect as of the Closing Date and is concluded for a term until the end of the fifth annual shareholders' meeting after the shareholders' meeting of Siemens Energy AG following the Closing Date at which an election of shareholder representatives for Siemens Energy AG’s supervisory board was on the agenda. Prior to the end of that term, no ordinary termination (ordentliche Kündigung) is possible. Thereafter, this Deconsolidation Agreement will be renewed for the period leading up to the end of the fifth annual shareholders' meeting following thereafter, unless terminated by a Party by giving at least three months’ notice prior to its expiry.
6.2 The right to terminate this Agreement for good cause (Kündigung aus wichtigem Xxxxx) remains unaffected. A sale of shares in Siemens Energy AG by Siemens AG or affiliated companies (Sections 15 et seqq. AktG) of Siemens AG (including SBI GmbH) that results in Siemens AG holding, directly or indirectly, taking into account the shares attributable to it pursuant to Section 16 (4) AktG ("Participation"), less than 15 % of the shares in Siemens Energy AG shall constitute an extraordinary cause for terminating this Deconsolidation Agreement; in this case, each Party may terminate this Deconsolidation Agreement in writing at any time without notice (fristlos kündigen), until the Participation is again above 15 %.
6.3 Only the Parties have a right to terminate or cancel this Deconsolidation Agreement; the exercise of this right is not subject to the consent of the other shareholders of Siemens Energy AG.
APPLICABILITY AND TERM i. The requirements of this Paragraph 2 shall apply to the following emission units, unless otherwise specified below:
(a) HP Ground Flare #1 – C205A/S205A,
(b) HP Ground Flare #2 – C205B/S205B,
(c) HP Elevated Flare – C205C/S205C, and
(d) LP Multipoint Ground Flare (“MPGF”) – C204B/S204B.
ii. The NHVcz requirements set forth below in Paragraph 2.C.v. shall not apply during “Unplanned Events,” which for purposes of this Agreement are defined as any sudden, infrequent, and not reasonably preventable failure of (a) air pollution control equipment, (b) process equipment, (c) monitoring equipment, or (d) a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not considered Unplanned Events. During any Unplanned Event where one of the above-referenced flares does not meet the NHVcz set forth in Paragraph 2.C.v. (which do not apply during Unplanned Events), Shell will notify Appellants of the Unplanned Event, and provide information including its date, time, duration, flare(s) affected, and if applicable, any steps taken by Shell to ameliorate the Unplanned Event.
iii. The requirements set forth in this Paragraph 2 shall be implemented no later than 30 days after Shell commences Normal Operations at the Facility, as defined in Paragraph 1.B., and shall continue for a period of five
APPLICABILITY AND TERM
