CONFORMING PROVISIONS Clause Samples
The Conforming Provisions clause ensures that all terms and references within a contract are consistent with each other and with any amendments or changes made to the agreement. In practice, this clause automatically updates cross-references, section numbers, or terminology throughout the contract to reflect modifications, preventing discrepancies or confusion. Its core function is to maintain internal consistency and clarity within the contract, reducing the risk of interpretive errors or conflicting provisions.
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.
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."
CONFORMING PROVISIONS. References in the Purchase Agreement and the other Transaction Documents to “Floor Price” shall be deemed to refer to “Floor Price” as amended hereby, including for purposes of Section 2.1(b) and the Purchaser’s option to reject any Advance Notice where the Closing Price is less than the Floor Price, and for purposes of the Valuation Period calculation excluding Trading Days on which the Common Stock is less than the Floor Price.
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, ▇▇▇▇▇▇▇ agrees that it will:
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.
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.
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, ▇▇▇▇▇▇▇ 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.”
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.
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.