BPA Sample Clauses

BPA. BPA represents and warrants to XXX as follows: (1) BPA is duly authorized to execute this Agreement. This Agreement constitutes a legal and valid obligation of BPA enforceable in accordance with its terms to the full extent provided by law. The enforceability of this Agreement is qualified as to: Limitations imposed by bankruptcy laws of the United States, insolvency, reorganization, arrangement, moratorium, or other laws relating to or affecting the enforcement of creditor's rights generally. (2) Upon execution of this Agreement, BPA warrants that there are no known conflicts with this Agreement and that this Agreement does not constitute a material breach of or a default under any constitutional provision, law, or administrative regulation, or violate any judgment, decree, or other instrument, or any other contract related to the Route to which BPA is a Party or to which BPA or any of its property or assets is subject. (3) BPA has made no other representations or warranties outside of this Agreement and XXX acknowledges and agrees that it is not relying on any other representations or warranties.
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BPA. The Bonneville Power Administration or its successor.
Sample 1
BPA. While issues will likely arise during the formulation of final contract which will require resolution, we think the term sheet represents a fair effort by BPA to balance the interests of the DSIs with the interests of BPA’s other customers within the discretion granted BPA by the Court in PNGC. At the outset we think it is important to note that the PNGC decision grants BPA the authority to serve the DSIs, the Court also recognized that Section 7(c) of the Northwest Power Act determines how the rates to the DSIs are to be developed. That section provides “The rate or rates applicable to direct service industrial customers shall be established— for the period beginning July 1, 1985, at a level which the Administrator determines to be equitable in relation to the retail rates charged by the public body and cooperative customers to their industrial consumers in the region.” A comparison between BPA’s proposed service under the July 17, 2009 term sheet with the terms of service that form the basis for BPA service to consumer owned utilities’ industrial customers is worth evaluating when considering whether Alcoa’s terms of service and rates are equitable in relation to the retail rates charged by consumer owned utilities to their industrial consumers in the region. The comparison reveals that industrial consumers of publicly owned utilities will receive more favorable terms, at Xxxxx Xxxxx D-7 August 3, 2009 more favorable rates than the two remaining aluminum DSIs would receive under BPA’s proposed term sheet: DSIs Consumer Owned Utilities’ Base Service for Their Industrial Customers Conditions Service linked to market Power Prices None Quantity 2/3 of historic load 100% of historic loads Price IP RATE = $34.6/MWH at 100% LF PF Rate = 27.4/MWH at 100% LF Term 7 years. 20 years. Quality Partially interruptible to preserve firm loads including consumer owned utility industrial loads Firm Alcoa makes this comparison to give some perspective to the campaign that consumer owned utilities and their industrial customers are waging against the compromise contract that BPA has proposed. We recognize that many of BPA’s preference customers will urge BPA to end all power supply service to Alcoa. Many will argue that providing electric power service to the DSIs will unfairly raise rates to other customers and thereby increase the loss of jobs elsewhere in the region. Alcoa loads are located within the service territories of consumer-owned utilities and have been served b...
Sample 1
BPA. Exposure
Sample 1
BPA. You acknowledge that this Agreement is contingent upon your agreement to be bound by all of the provisions of the Company's Business Protection Agreement ("BPA"), a copy of which has been delivered to you. Accordingly, you covenant to be bound and abide by all terms and provisions of the BPA, regardless of whether such agreement is ever signed or delivered by you. 8.
Sample 1
BPA. Exhibit A Reimbursement Rate Schedule
Sample 1

Related to BPA

  • Licensor any Person from whom a Grantor obtains the right to use any Intellectual Property. Lien: any Person’s interest in Property securing an obligation owed to, or a claim by, such Person, whether such interest is based on common law, statute or contract, including liens, security interests, pledges, hypothecations, statutory trusts, reservations, exceptions, encroachments, easements, rights-of-way, covenants, conditions, restrictions, leases, and other title exceptions and encumbrances affecting Property. Lien Waiver: an agreement, in form and substance satisfactory to Collateral Agent, by which (a) for any material Collateral located on leased premises, the lessor waives or subordinates any Lien it may have on the Collateral, and agrees to permit Collateral Agent to enter upon the premises and remove the Collateral or to use the premises to store or dispose of the Collateral; (b) for any Collateral held by a warehouseman, processor, shipper, customs broker or freight forwarder, such Person waives or subordinates any Lien it may have on the Collateral, agrees to hold any Documents in its possession relating to the Collateral as agent for Collateral Agent, and agrees to deliver the Collateral to Collateral Agent upon request; (c) for any Collateral held by a repairman, mechanic or bailee, such Person acknowledges Collateral Agent’s Lien, waives or subordinates any Lien it may have on the Collateral, and agrees to deliver the Collateral to Collateral Agent upon request; and (d) for any Collateral subject to a Licensor’s Intellectual Property rights, the Licensor grants to Collateral Agent the right, vis-à-vis such Licensor, to enforce Collateral Agent’s Liens with respect to the Collateral, including the right to dispose of it with the benefit of the Intellectual Property, whether or not a default exists under any applicable License.

  • Licensee “Licensee” means the individual or company that has entered into an Agreement with the Embassy. “Offer” means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant Agreement.

  • Medi Cal/daily service logs and notes and other documents used to record provision of services provided by instructional assistants, behavior intervention aides, bus aides, and supervisors

  • Third Party Vendors Nothing herein shall impose any duty upon DST in connection with or make DST liable for the actions or omissions to act of the following types of unaffiliated third parties: (a) courier and mail services including but not limited to Airborne Services, Federal Express, UPS and the U.S. Mails, (b) telecommunications companies including but not limited to AT&T, Sprint, MCI and other delivery, telecommunications and other such companies not under the party’s reasonable control, and (c) third parties not under the party’s reasonable control or subcontract relationship providing services to the financial industry generally, such as, by way of example and not limitation, the National Securities Clearing Corporation (processing and settlement services), Fund custodian banks (custody and fund accounting services) and administrators (blue sky and Fund administration services), and national database providers such as Choice Point, Acxiom, TransUnion or Lexis/Nexis and any replacements thereof or similar entities, provided, if DST selected such company, DST shall have exercised due care in selecting the same. Such third party vendors shall not be deemed, and are not, subcontractors for purposes of this Agreement.

  • Cardiff Capital Region commits to developing proposals for how better and more flexible use of data could be used to drive innovation across the public sector and within the wider economy. The Cardiff Capital Region will present a clear case to the UK Government for how a different approach to the use of specific data would improve service delivery and would benefit particular groups.

  • Manufacturer A firm that operates or maintains a factory or establishment that produces on the premises, the materials or supplies obtained by the Contractor. Regular Dealer - A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. A regular dealer engages in, as its principal business and in its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns and operates distribution equipment for the products. Brokers and packagers are not regarded as manufacturers or regular dealers within the meaning of this section. United States Department of Transportation (USDOT) - Federal agency responsible for issuing regulations (49 CFR Part 26) and official guidance for the DBE program.

  • Distributor The Trust hereby appoints the Distributor as general distributor of shares of beneficial interest (“Series shares”) of the Trust’s WCM Funds series (the “Series”) during the term of this Agreement. The Trust reserves the right, however, to refuse at any time or times to sell any Series shares hereunder for any reason deemed adequate by the Board of Trustees of the Trust.

  • Supplier Diversity Seller shall comply with Xxxxx’s Supplier Diversity Program in accordance with Appendix V.

  • Contractor Licensing, etc. Notwithstanding Section 14.c, District may terminate this Contract immediately by written notice to Contractor upon denial, suspension, revocation, or non-renewal of any license, permit, or certificate that Contractor must hold to provide services under this Contract.

  • Middle School At the request of the Superintendent, a middle school teacher may volunteer on a semester basis to teach all the student contact time and be paid one-sixth (1/6) of his/her salary for the semester. This section shall not be used to circumvent the hiring of additional full time teachers.

Most Referenced Clauses

Most Referenced Definitions