CONFORMING PROVISIONS Sample Clauses

CONFORMING PROVISIONS. Any and all of the terms and provisions of the Notes, the Loan Agreement, the Security Documents and all of the other Loan Documents are hereby amended and modified wherever necessary, and even though not specifically addressed herein, so as to conform to the amendments and modifications thereto set forth in this Amendment and each other document executed in connection herewith.
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CONFORMING PROVISIONS. Any and all of the terms and provisions of the Loan Documents are hereby amended and modified wherever necessary, and even though not specifically addressed herein, so as to conform to the amendments and modifications set forth in this Amendment. THIS AMENDMENT, TOGETHER WITH THE RESTATED NOTE, LOAN AGREEMENT AND THE OTHER LOAN DOCUMENTS, ARE THE FINAL EXPRESSION OF THE AGREEMENT BETWEEN BANK AND BORROWER AND MAY NOT BE CONTRADICTED BY EVIDENCE OF ANY PRIOR OR CONTEMPORANEOUS ORAL AGREEMENT BETWEEN US. BANK _____________ AND BORROWER _______/_______ HEREBY ACKNOWLEDGE AND AFFIRM THAT NO SUCH UNWRITTEN, ORAL AGREEMENTS EXIST. EACH PARTY HERETO ACKNOWLEDGES THAT SUFFICIENT SPACE HAS BEEN PROVIDED HEREIN FOR THE PLACEMENT OF NONSTANDARD TERMS.
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CONFORMING PROVISIONS. Any and all of the terms and provisions of the Notes, the Credit Agreements, the Security Documents and all of the other Loan Documents, are hereby amended and modified wherever necessary, and even though not specifically addressed herein, so as to conform to the amendments and modifications thereto set forth in this Agreement. THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
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CONFORMING PROVISIONS. “In the event of a challenge by another party regarding the rates provided under this Agreement, and upon written request from Transporter, Shipper will file in support of the discount provided under this Agreement in Transporter's subsequent rate cases filed under either Section 4 or 5 of the Natural Gas Act during the term that the discount provided under the Agreement applies, excluding any rate cases that involve a pre- filing settlement. For rate cases that involve a pre-filing settlement, Xxxxxxx agrees to support the discount provided to Shipper under this Agreement during the pre-filing settlement process and not to protest Transporter's subsequent rate cases filed under either Section 4 or 5 of the Natural Gas Act during the term that the discount provided under this Agreement applies.”
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CONFORMING PROVISIONS. Notwithstanding anything in the NA Lease to the contrary, Landlord agrees that so long as the Sublease is in effect: (a) Starent and its successors and assigns will be permitted to use the Sublet Premises for the uses permitted under the Starent Lease; and (b) Landlord agrees to maintain the insurance coverage required by Section 15.12 (Landlord's Property Insurance) of the Starent Lease. (c) A new Section 22.4 shall be deemed added to the NA Lease, as follows: "Notwithstanding anything in this Article 22 to the contrary, the obligations of Tenant under this Article 22 with respect to any Encumbrances or Underlying Leases not existing as of the date hereof are conditioned upon the execution and delivery by the holder thereof and Landlord to Tenant of a commercially customary, recordable subordination, non-disturbance and attornment agreement in form and substance reasonably acceptable to Tenant, providing that in the event such holder or a transferee of such holder succeeds to the interest of Landlord hereunder, such holder or transferee shall recognize and not disturb the tenancy of Tenant under this Lease for so long as Tenant is not in default hereunder beyond any applicable notice and cure periods."
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CONFORMING PROVISIONS. Sections 154.1(d) and 154.112(b) of the Commission’s regulations require pipelines to file with the Commission contracts that “deviate in any material aspect from the form of service agreement” in the pipeline’s tariff, and also require that such non-conforming agreements be referenced in the pipeline’s tariff.5 The Service Agreement includes provisions in paragraph 4 of Article VI, “Miscellaneous,” and on Exhibit C, “Specification of Negotiated Rate and Term” that do not conform to Transco’s pro forma Rate Schedule FDLS service agreement.
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CONFORMING PROVISIONS. 4.1 The parties agree that the acceptance criteria set forth in Article 8, and in Section 5.47 of Exhibit B, of the SSC with respect to Milestone 47 and the completion criteria for Milestones 7 and 8 in Sections 4.2.3 and 4.2.4 of the TNDC Exhibit A are those criteria set forth in this Amendment. Consequently, Section C of Article 8 and Section B(3) of Article 6 of the SSC and Section E of Article 6 of the TNDC are hereby deleted. 4.2 The parties agree that the Price, Payment, and Gateway Delivery Commitment provisions (which, in the case of the Gateway Delivery Commitment, have been deemed to be satisfied) set forth in Articles 4, 5, and 6 of the SSC, with respect to Milestone 47 and the payments described in this Amendment, and that the Price and Payment provisions of Articles 5 and 6 of the TNDC with respect to Milestones 7 and 8, are superseded by and rendered inapplicable to this Amendment. 4.3 For purposes of the Operations and Maintenance Contract between the parties, the parties agree that completion of the SSC shall occur and the Operations and Maintenance Contract shall commence, on the earlier of (a) the date upon which all the KPI set forth in Phase 2 of the Customer Satisfaction Test Plan (Annex A) have been met, as specified in such Annex and the Capacity Verification Criteria (Annex B) have been met, as specified in such Annex, or (b) the date at which full commercial service commences, but no earlier than October 30, 1998 in either case.
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CONFORMING PROVISIONS. The following provisions were accepted as non-conforming by the Commission on August 14, 2008 in Docket No. RP08-450: In consideration for Transporter providing the long-term discounted rates under this Agreement, Xxxxxxx agrees that it will:
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Related to CONFORMING PROVISIONS

  • Scheduling Provisions The scheduling and premium provisions relating to consecutive weekends off in Article 16 do not apply to employees who accept positions under this provision.

  • CLOSING PROVISIONS (a) Subscriber agrees to be identified as a customer of JetBrains and agrees that JetBrains may refer to Subscriber by name, trade name and trademark, if applicable, and may briefly describe Subscriber’s business in JetBrains marketing materials, on JetBrains Site, and in public or legal documents. Subscriber hereby grants JetBrains a worldwide, non- exclusive, royalty-free license to use Subscriber’s name and any of Subscriber’s trade names and trademarks solely pursuant to this marketing section. (b) This Agreement is governed by the laws of the Czech Republic. All disputes arising from the present Agreement and/or in connection with it shall be finally brought to and decided by any relevant competent common court in the Czech Republic. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. (c) JetBrains may modify this Agreement at any time by posting a revised version of the Agreement on JetBrains Site. The modified terms will become effective upon posting of a revised version of the Agreement on JetBrains Site. By continuing to use Service after the effective date of any modification to this Agreement, Subscriber agrees to be bound by the modified terms. It is Subscriber’s responsibility to check JetBrains Site regularly for modifications to this Agreement. (d) The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, or a fiduciary or employment relationship between the parties. (e) Sections 7, 8, 9, 10, 12 (c), 12(d), 14(a), 14(b), and 14(c) shall survive any termination or expiration of this Agree- ment. (f) There are no third-party beneficiaries to this Agreement. (g) If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

  • Governing Provisions This Agreement is made under and subject to the provisions of the Plan, and all of the provisions of the Plan are also provisions of this Agreement. If there is a difference or conflict between the provisions of this Agreement and the provisions of the Plan, the provisions of the Plan will govern. By signing this Agreement, the Grantee confirms that he or she has received a copy of the Plan.

  • Controlling Provisions In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect.

  • Remaining Provisions Except as expressly modified by this Amendment, the Employment Agreement shall remain in full force and effect. This Amendment embodies the entire agreement and understanding of the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, oral or written, relative thereto.

  • Final Provisions Clause 16

  • Amendments to Servicing Agreements, Modification of Standard Provisions (a) Subject to the prior written consent of the Trustee pursuant to Section 3.07(b), the Master Servicer from time to time may, to the extent permitted by the applicable Servicing Agreement, make such modifications and amendments to such Servicing Agreement as the Master Servicer deems necessary or appropriate to confirm or carry out more fully the intent and purpose of such Servicing Agreement and the duties, responsibilities and obligations to be performed by the Servicer thereunder. Such modifications may only be made if they are consistent with the REMIC Provisions, as evidenced by an Opinion of Counsel. Prior to the issuance of any modification or amendment, the Master Servicer shall deliver to the Trustee such Opinion of Counsel and an Officer's Certificate setting forth (i) the provision that is to be modified or amended, (ii) the modification or amendment that the Master Servicer desires to issue and (iii) the reason or reasons for such proposed amendment or modification. (b) The Trustee shall consent to any amendment or supplement to a Servicing Agreement proposed by the Master Servicer pursuant to Section 3.07(a), which consent and amendment shall not require the consent of any Certificateholder if it is (i) for the purpose of curing any mistake or ambiguity or to further effect or protect the rights of the Certificateholders or (ii) for any other purpose, provided such amendment or supplement for such other purpose cannot reasonably be expected to adversely affect Certificateholders. The lack of reasonable expectation of an adverse effect on Certificateholders may be established through the delivery to the Trustee of (i) an Opinion of Counsel to such effect or (ii) written notification from each Rating Agency to the effect that such amendment or supplement will not result in reduction of the current rating assigned by that Rating Agency to the Certificates. Notwithstanding the two immediately preceding sentences, the Trustee may, in its discretion, decline to enter into or consent to any such supplement or amendment if its own rights, duties or immunities shall be adversely affected. (i) Notwithstanding anything to the contrary in this Section 3.07, the Master Servicer from time to time may, without the consent of any Certificateholder or the Trustee, enter into an amendment (A) to an Other Servicing Agreement for the purpose of (i) eliminating or reducing Month End Interest and (ii) providing for the remittance of Full Unscheduled Principal Receipts by the applicable Servicer to the Master Servicer not later than the 24th day of each month (or if such day is not a Business Day, on the previous Business Day) or (B) to the WFHM Servicing Agreement for the purpose of changing the applicable Remittance Date to the 18th day of each month (or if such day is not a Business Day, on the previous Business Day). (ii) The Master Servicer may direct WFHM to enter into an amendment to the WFHM Servicing Agreement for the purposes described in Sections 3.07(c)(i)(B) and 10.01(b)(iii).

  • Concluding provisions Section 7.1 - Entire Agreement. All prior understandings, letters of intent, and agreements between the parties are merged in and superseded by this Agreement (including all Exhibits hereto).

  • Other Allocation Provisions Certain of the foregoing provisions and the other provisions of this Agreement relating to the maintenance of Capital Accounts are intended to comply with Treasury Regulations Section 1.704-1(b) and shall be interpreted and applied in a manner consistent with such regulations. Sections 5.03, 5.04 and 5.05 may be amended at any time by the General Partner if necessary, in the opinion of tax counsel to the Partnership, to comply with such regulations or any applicable Law, so long as any such amendment does not materially change the relative economic interests of the Partners.

  • Termination Provisions In this Agreement:

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