Change in Regulations. If the Regulations incorporating the Regulatory Allocations are hereafter changed or if new Regulations are hereafter adopted, and such changed or new Regulations, in the opinion of independent tax counsel for the Company, make it necessary to revise the Regulatory Allocations or provide further special allocation rules in order to avoid a significant risk that a material portion of any allocation set forth in this Article VII would not be respected for federal income tax purposes, the Executive Committee shall make such reasonable amendments to this Agreement as, in the opinion of such counsel, are necessary or desirable, taking into account the interests of the Members as a whole and all other relevant factors, to avoid or reduce significantly such risk to the extent possible without materially changing the amounts allocable and distributable to any Member, pursuant to this Agreement.
Change in Regulations. If any of the specific Regulations upon which the Special Allocations provided for in this Exhibit are based are hereafter changed or if new Regulations in the opinion of the reputable tax counsel retained by the Company make it necessary to revise the foregoing special allocation rules or provide further special allocation rules in order to avoid a significant risk that a material portion of any allocation of Profits, Losses or other tax attributes otherwise provided for in Section 7 of the Agreement would be altered as a result of a challenge thereto by the IRS, the Members agree to make such reasonable amendments to this Agreement as, in the opinion of such counsel, are necessary or desirable, taking into account the interests of the Members as a whole and all other relevant factors, to avoid or reduce significantly such risk to the extent possible without materially affecting the amounts distributable to any Member pursuant to this Agreement.
Change in Regulations. In the event that Buyer determines that it either is or will be at a future date unable to burn the coal supplied under this Agreement due to the quality of the coal and legally imposed regulations, Buyer shall promptly notify Seller in writing. The parties agree to make a good-faith effort to resolve the problem in a manner to allow Buyer to continue using Seller’s coal. If after thirty (30) days the parties have not reached agreement on a mutually acceptable solution, then Buyer shall have the right by written notice given as early as possible to terminate this Agreement on the future date after which it cannot legally burn coal from Seller’s Mine. Nothing herein shall be construed as requiring Buyer to incur any significant added expense or significant capital investment to (i) treat or alter the characteristics of the coal, (ii) blend the coal with any other fuel including other coal, or (iii) make any modifications to the Plant to utilize Seller’s coal.
Change in Regulations. If the Treasury Regulations incorporating the Regulatory Allocations are hereafter changed or if new Treasury Regulations are hereafter adopted, and such changed or new Regulations, in the opinion of independent tax counsel for the Company, make it necessary to revise the Regulatory Allocations or provide further special allocation rules in order to avoid a significant risk that a material portion of any allocation set forth in this Article VIII would not be respected for federal income tax purposes, the Members shall make such reasonable amendments to this Amended Agreement as, in the opinion of such counsel, are necessary or desirable, taking into account the interests of the Members as a whole and all other relevant factors, to avoid or reduce significantly such risk to the extent possible without materially changing the amounts allocable and distributable to any Member pursuant to these Regulations.
Change in Regulations. With respect to SCADA and associated communications equipment, including communication paths with current routing diversity that are in existence as of the date of this Agreement, the Parties acknowledge that Transmission Owner may be subjected to changing Applicable Reliability Standards that render such existing SCADA and associated communications equipment non-compliant with such regulations. The Party owning such existing SCADA and associated communications equipment affected by any such changes in regulations shall respond in accordance with Good Utility Practice to assure compliance for such SCADA and associated communications equipment.
Change in Regulations. Tenant and Owner acknowledge and agree that if at any time during the term of the Lease the rules and regulations of the Uniform Building Code or the Uniform Fire Code pertaining to hazardous materials change so as to require an additional investment in ire protection equipment in the Premises then such additional investment shall be the obligation of Tenant, provided however that such additional investment shall not be required as a result of any action of Owner with respect to the Premises, the Building or the Project.
Change in Regulations. If any of the specific Regulations upon which the special allocations provided for in this Article III are based are hereafter changed, or if new Regulations are hereafter adopted, which changes or new Regulations, in the opinion of the tax counsel retained by the Partnership, make it necessary to revise the foregoing special allocation rules or provide further special allocation rules in order to avoid a significant risk that a material portion of any allocation of net income, net losses, credits or other tax attributes otherwise provided for would be altered as a result of a challenge thereto by the Internal Revenue Service, the Partners agree to make such reasonable amendments to the Agreement as, in the opinion of such counsel, are necessary or desirable, taking into account the interests of the Partners as a whole and all other relevant factors, to avoid or reduce significantly such risk to the extent possible without materially affecting the amounts distributable to any Partner pursuant to this Agreement.
Change in Regulations. Notwithstanding anything to the contrary contained herein, in the event that there shall hereafter occur any change in applicable law or regulation or in the interpretation or administration thereof, which shall make it unlawful for the Bank to maintain or give effect to its obligations as contemplated under this Agreement or to receive the intended benefits of this Agreement, then by written notice to the Borrower, the Bank may (i) declare its obligation to lend hereunder terminated, and it shall thereby be terminated, and (ii) require payment immediately of the principal amount of the Loan then outstanding as well as accrued interest thereon together with such additional amounts as may be necessary to compensate the Bank from loss pertaining to the cost of re-employment of funds so repaid at rates lower than the cost to the Bank of such funds. The Bank shall certify the aggregate amount of such losses and costs to the Borrower (which certification shall include a reasonably detailed description of such costs and expenses) and such certification shall be binding and conclusive on the Borrower.
Change in Regulations. In the event that compliance with --------------------- subsequent statutes, ordinances, requirements, rules and/or regulations results in a change in operating costs such that an adjustment in the gate rates would be deemed appropriate, then there shall be a reasonable adjustment in the gate rates. The Operator shall provide data to the District to verify any requested change in gate rates.
Change in Regulations. The rates and payments due to Contractor pursuant to this Drilling Contract may be revised or adjusted by the actual amount of change in Contractor’s cost if Contractor’s costs increase due to a change in any applicable laws, rules or regulations, or interpretation or enforcement thereof, by Governmental Authorities in the Host Country, provided that (A) such cost increase is not more than [***] of the amount of the affected rate or payment, and is documented by Contractor to Operator’s satisfaction, (B) such cost increase is due solely to Contractor’s necessary efforts to comply with the change in (or interpretation or enforcement of) applicable laws, rules or regulations, (C) such change in (or interpretation or enforcement of) applicable laws, rules or regulations does not increase Contractor’s profits, and (D) upon Operator’s request, the Parties shall meet to discuss and agree upon when such rate increase shall be applicable given the particular facts and circumstances of the change in (or interpretation or enforcement of) applicable laws, rules or regulations. For any change described in this Section 3.8 that may result in an increase of Contractors’ costs in an amount that is more than [***] of the amount of the affected rate or payment, the Parties shall meet to discuss the particular facts and circumstances of such change.
