Change in Law or Regulation. In the event that there is a change (including a change in interpretation) in any law, regulation, rule, ordinance, order, directive, filed tariff, decision, writ, judgment, or decree by a governmental authority, regulatory body, or the regional Independent System Operator, or in the event any of the foregoing which is existing as of the date of this Agreement is implemented or differently administered, including, without limitation, changes in tariffs, protocols, market rules, load profiles, capacity tags, demand measures, and such change results in Think incurring additional costs and expenses in providing the Service(s) contemplated herein, these additional costs and expenses may, at Think’s option, be assessed to you in your monthly bills for service as additional pass-through charges to the extent permitted by applicable law. If there is a change as described in this section that impacts any term, condition, or provision of this Agreement, including, but not limited to price, we shall have the right to modify this Agreement to reflect such change. Think will provide you with 10 days’ advance notice of any such change.
Change in Law or Regulation on or after the Series Issue Date (a) due to the adoption of or any change in any applicable law, regulation, rule, order, ruling or procedure (including, without limitation, any tax law and any regulation, rule, order, ruling or procedure of any applicable regulatory authority, tax authority and/or any exchange) or (b) due to the promulgation of or any change in the interpretation by any court, tribunal or regulatory authority with competent jurisdiction of any applicable law or regulation (including any action taken by a taxing authority):
Change in Law or Regulation. In the event that there is a change (including a change in interpretation) in law, regulation, rule, ordinance, order, directive, filed tariff, decision, writ, judgment, or decree by a governmental authority, regulatory body, or the regional Independent System Operator or Regional Transmission Organization, or in the event any of the foregoing which is existing as of the date of this Agreement is implemented or differently administered, including, without limitation, changes in tariffs (including, but not limited to transmission, storage, or capacity costs), protocols, market rules, load profiles, capacity tags, demand measures, and such change results in the Company incurring additional costs and expenses in providing the Services contemplated herein, these additional costs and expenses may, at the Company’s option, be assessed to you in your monthly bills for service as additional pass-through charges to the extent permitted by applicable law or regulatory rules. If there is a change in law or regulation as described in this section, which impacts any term, condition, or provision of this Agreement, including, but not limited to price, we shall have the right to modify this Agreement to reflect such change in law or regulation. Any such modification or assessment of pass-through charges does not require customer consent or notice to customer unless required under applicable law.
Change in Law or Regulation. The terms of this Agreement are intended to be in compliance with all federal, state and local statutes, regulations and ordinances applicable on the date the Agreement takes effect. Should legal counsel for either party reasonably conclude that any portion of this Agreement is or may be in violation of such requirements, or subsequent enactments by federal, state or local authorities, or if any such change materially alters the amount or method of compensating LABORATORY for testing performed for UAMS or for any other party, or materially increases the cost of LABORATORY’s performance hereunder, this Agreement shall terminate upon THIRTY (30) days notice thereof to the other party, unless within said THIRTY (30) day period the parties agree to such modifications of the Agreement as may be necessary to establish compliance with such authorities or to reflect such change in compensation or cost.
Change in Law or Regulation. (i) If, during the term of this Agreement, there shall be (A) a change in the Medicare or Medicaid statute, regulations, or general instructions (or in the application thereof), or any governmental payor system, including but not limited to the Veterans Administration ("VA"), or (B) the adoption of new legislation or regulations applicable to this Agreement or any Pre-Existing Provider Agreement, Existing Provider Agreement or New Provider Agreement (collectively, for purposes of this Paragraph 7, "Affected Agreements"), or (C) a change in any other third party reimbursement system, or (D) the initiation of enforcement action with respect to legislation, regulations, or instructions applicable to any Affected Agreements, any of which changes, legislation, regulations or action affects the continuing legality of any Affected Agreements or the ability of Company to obtain reimbursement for the full cost of any Services at the levels then in effect, as provided to Company by Provider, Company may, at any time within one year of the effective date as to Company, of such changes, legislation, regulation or action, upon written notice as provided herein, propose an amendment to any such Affected Agreement, modifying the same to the minimum extent necessary to assure the continuing legality of such Affected Agreement or to eliminate the future impediment or impairment to reimbursement. For periods beginning January 1, 1998, in the event that reimbursement is denied for any facility covered by an Affected Agreement for covered items or Services under the Medicare program because Provider's charges exceed the usual, customary and reasonable charges for such Services or covered items, as evidenced by a Notice of Medicare Reimbursement ("NPR"), any change to such Affected Agreement effectuated for the purpose of obtaining reimbursement shall be made applicable only for reimbursement periods subsequent to the period to which the NPR related, for the remainder of the term of such Affected Agreement. In the event that Provider is unable or unwilling to supply the items or Services at price levels sufficient to assure such reimbursement, then Company may, at its sole option, elect to obtain such items or Services from other sources or to accept the prices offered by Provider.
Change in Law or Regulation. In the event that any new, or any change in any existing, statute, rule, regulation, order or other law, or procedure, tariff, rate class or other process or charge, promulgated by any governmental authority or EDU, Independent System Operator, RTO or other regulated service provider, alters to the detriment of AEP Energy its costs to perform or its economic returns under this Agreement (a “Change in Law or Regulation”), then AEP Energy shall provide written notice requesting Customers’ affirmative consent and agreement, describing the Change in Law or Regulation, the resulting price revisions, and the future date upon which such revised pricing is requested to be effective (a “Price Revision Request”). Each Customer then shall be able to affirmatively consent and agree to such Price Revision Request, and if such Customer agrees, such Customer shall pay the revised price described in such Price Revision Request, and all other terms and conditions of this Agreement not modified by such Price Revision Request will remain in full force and effect. If, however, such Customer does not affirmatively consent and agree to the Price Revision Request within thirty (30) calendar days, the retail electric service agreement with respect to such Customer shall automatically terminate without penalty or further obligation (but such Customer shall remain responsible to pay AEP Energy for any electricity supply used before such Customer’s retail electric service agreement is terminated, as well as any late fees). Such termination will be effective on the next available drop date as established by the EDU.
Change in Law or Regulation. In the event that there is a change (including changes in interpretation) in law, regulation, rule, ordinance, order, directive, filed tariff, decision, writ, judgment or decree by a governmental authority, or in the event any of the foregoing which is existing as of the date of this Agreement is implemented or differently administered including, without limitation, changes in tariffs, protocols, market rules, load profiles, and such change results in Summer Energy incurring additional costs and expenses in providing the services contemplated herein, these additional costs and expenses may, at our option, be assessed in your monthly bills for service as additional pass-through charges, to the extent permitted by applicable rules.
Change in Law or Regulation. If regulatory changes shift costs from the Host Utility or ISO to Direct Energy or from Direct Energy to the Host Utility or ISO, then such costs or credits shall be passed through to the buyer. If any laws, orders or regulations are passed, modified, implemented or interpreted by judicial or regulatory order administrative proceeding or legislative enactment, or if there is a change in rate class which applies to Buyer’s facilities, which creates additional costs not currently included in the Price or increases in the cost components of the Price (“Incremental Charges”), then Direct Energy shall pass through such Incremental Charges to be paid by Buyer in addition to the Price and in accordance with the payment terms in this Agreement.
Change in Law or Regulation. The Parties acknowledge and agree that the transactions contemplated in this Agreement are subject to federal and state legal and regulatory schemes that may require changes in the relationship between the Parties, the Services or the manner of providing the Services. As a consequence, in the event that a change in law or regulation affects a material provision of this Agreement, the Parties agree that they will promptly cooperate in good faith to amend the Agreement as necessary to implement such change so as to remain in compliance.
Change in Law or Regulation. The terms of this Agreement are intended to be in compliance with all federal, state and local statutes, regulations and ordinances applicable on the date the Agreement takes effect. Should legal counsel for either party reasonably conclude that any portion of this Agreement is or may be in violation of such requirements, or subsequent enactments by federal, state or local authorities, or if any such change materially alters the amount or method of compensating LABORATORY for testing performed for UAMS or for any other party, or materially increases the cost of LABORATORY’s performance hereunder, this Agreement shall terminate upon THIRTY (30) days notice thereof to the other party, unless within said THIRTY (30) day period the parties agree to such modifications of the Agreement as may be necessary to establish compliance with such authorities or to reflect such change in compensation or cost. CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION.
