ATEX Agreement Sample Clauses

ATEX Agreement. The Buyer and the Seller will jointly contact Enterprise (defined below) to request Enterprise’s consent to the Seller partially assigning to the Buyer a portion of the Transportation Services Agreement dated November 17, 2011 (the “ATEX Agreement”), between Enterprise Liquids Pipeline LLC (as assigned to Enterprise TE Products Pipeline Company, LLC (“Enterprise”) and CEMI, and if Enterprise refuses to consent to such partial assignment of the ATEX Agreement to Buyer upon terms acceptable to both the Seller and the Buyer in each Party’s sole discretion, the ATEX Agreement will not be assigned to the Buyer, however, the Buyer will be responsible for the volume as detailed in Schedule 5.8.1 (the “Buyer ATEX Volume”) under the ATEX agreement as set forth below. If Enterprise refuses to consent to such partial assignment of the ATEX Agreement to Buyer upon terms PURCHASE AND SALE AGREEMENT 42 (a) a capacity use agreement with Enterprise, wherein the Buyer, as agent for CEMI, transports the Buyer ATEX Volume under the ATEX Agreement and delivers such Buyer ATEX Volume at the delivery points under the ATEX Agreement for sale or marketing by the Buyer; and (b) an agreement detailing CEMI’s and the Buyer’s obligations to each other under the capacity use agreement, including, without limitation, the Buyer’s obligations to reimburse costs and expenses under the ATEX Agreement that are attributable to the Buyer ATEX Volume to CEMI. If Enterprise does not agree to enter into a capacity use agreement with the Buyer and CEMI, then the Buyer will enter into, and Seller will cause CEMI to enter into, a buy-sell agreement, whereby CEMI will purchase the Buyer ATEX Volume at the inlet to the ATEX pipeline and redeliver to the Buyer the Buyer ATEX Volume at any delivery point available (without additional cost and with the Buyer responsible for all ATEX Agreement charges attributable to the Buyer ATEX Volume) to CEMI per the Buyer’s instructions. CEMI will not be responsible for any incremental storage, transfer, or other handling fees the Buyer may be subject to under the buy-sell agreement. Notwithstanding anything to the contrary in this Agreement, if the Buyer is unable to take assignment of the Ethane Purchase Agreement between CEMI and Westlake Petrochemicals LLC dated January 17, 2012 (the “Westlake Agreement”), then the Buyer will sell to CEMI (or CEMI will not sell back to the Buyer if a buy-sell agreement is in effect) the volumes necessary to fulfill the Buyer’s ...
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Related to ATEX Agreement

  • Tax Agreement It will give notice of any failure of a representation made by it under Section 3(f) to be accurate and true promptly upon learning of such failure.

  • Services Agreement “Services Agreement” shall mean any present or future agreements, either written or oral, between Covered Entity and Business Associate under which Business Associate provides services to Covered Entity which involve the use or disclosure of Protected Health Information. The Services Agreement is amended by and incorporates the terms of this BA Agreement.

  • One Agreement This Agreement and any related security or other agreements required by this Agreement, collectively: (a) represent the sum of the understandings and agreements between the Bank and the Borrower concerning this credit; (b) replace any prior oral or written agreements between the Bank and the Borrower concerning this credit; and (c) are intended by the Bank and the Borrower as the final, complete and exclusive statement of the terms agreed to by them. In the event of any conflict between this Agreement and any other agreements required by this Agreement, this Agreement will prevail.

  • Master Services Agreement This Agreement is a master agreement governing the relationship between the Parties solely with regard to State Street’s provision of Services to each BTC Recipient under the applicable Service Modules.

  • Assignment of Management Agreement As additional collateral security for the Loan, Borrower conditionally transfers, sets over, and assigns to Lender all of Borrower’s right, title and interest in and to the Management Agreement and all extensions and renewals. This transfer and assignment will automatically become a present, unconditional assignment, at Lender’s option, upon a default by Borrower under the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents (each, an “Event of Default”), and the failure of Borrower to cure such Event of Default within any applicable grace period.

  • Cooperation Agreement If a Cooperating Institution is appointed, the Fund shall enter into a Cooperation Agreement with the Cooperating Institution setting forth the terms and conditions of its appointment.

  • Development Agreement As soon as reasonably practicable following the ISO’s selection of a transmission Generator Deactivation Solution, the ISO shall tender to the Developer that proposed the selected transmission Generator Deactivation Solution a draft Development Agreement, with draft appendices completed by the ISO to the extent practicable, for review and completion by the Developer. The draft Development Agreement shall be in the form of the ISO’s Commission-approved Development Agreement for its reliability planning process, which is in Appendix C in Section 31.7 of Attachment Y of the ISO OATT, as amended by the ISO to reflect the Generator Deactivation Process. The ISO and the Developer shall finalize the Development Agreement and appendices as soon as reasonably practicable after the ISO’s tendering of the draft Development Agreement. For purposes of finalizing the Development Agreement, the ISO and Developer shall develop the description and dates for the milestones necessary to develop and construct the selected project by the required in-service date identified in the Generator Deactivation Assessment, including the milestones for obtaining all necessary authorizations. Any milestone that requires action by a Connecting Transmission Owner or Affected System Operator identified pursuant to Attachment P of the ISO OATT to complete must be included as an Advisory Milestone, as that term is defined in the Development Agreement. If the ISO or the Developer determines that negotiations are at an impasse, the ISO may file the Development Agreement in unexecuted form with the Commission on its own, or following the Developer’s request in writing that the agreement be filed unexecuted. If the Development Agreement is executed by both parties, the ISO shall file the agreement with the Commission for its acceptance within ten (10) Business Days after the execution of the Development Agreement by both parties. If the Developer requests that the Development Agreement be filed unexecuted, the ISO shall file the agreement at the Commission within ten (10) Business Days of receipt of the request from the Developer. The ISO will draft, to the extent practicable, the portions of the Development Agreement and appendices that are in dispute and will provide an explanation to the Commission of any matters as to which the parties disagree. The Developer will provide in a separate filing any comments that it has on the unexecuted agreement, including any alternative positions it may have with respect to the disputed provisions. Upon the ISO’s and the Developer’s execution of the Development Agreement or the ISO’s filing of an unexecuted Development Agreement with the Commission, the ISO and the Developer shall perform their respective obligations in accordance with the terms of the Development Agreement that are not in dispute, subject to modification by the Commission. The Connecting Transmission Owner(s) and Affected System Operator(s) that are identified in Attachment P of the ISO OATT in connection with the selected transmission Generator Deactivation Solution shall act in good faith in timely performing their obligations that are required for the Developer to satisfy its obligations under the Development Agreement.

  • License Agreement The Trust shall have the non-exclusive right to use the name "Invesco" to designate any current or future series of shares only so long as Invesco Advisers, Inc. serves as investment manager or adviser to the Trust with respect to such series of shares.

  • Collaboration Agreement The Collaboration Agreement shall not have been terminated in accordance with its terms and shall be in full force and effect.

  • Supply Agreement Seller and Buyer, or their Affiliates, shall have executed the Supply Agreement.

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