Decrease in Option Quantity; Remarket Quantity Sample Clauses

Decrease in Option Quantity; Remarket Quantity. The Option Quantity may be decreased by Customer at any time and from time to time by any amount of the then current Option Quantity (each such amount, the “Remarket Quantity”) that (A) a political subdivision or other entity the Authority has determined is a financially responsible water customer, whether new or old, with whom the Authority is willing to contract (each such customer, “Authority’s Other Customer”), is willing to contract for from the Authority under a long-term water supply contract substantially the same as the Authority’s contracts with other similarly situated customers, (B) will be available (taking into account Customer’s requested decrease in the Option Quantity) from the Authority to Authority’s Other Customer, and (C) the Authority determines is capable of being distributed to the proposed point(s) of delivery for Authority’s Other Customer acquiring such Remarket Quantity through the Authority’s facilities. Each decrease in the Option Quantity pursuant to this subsection shall be accomplished by written notice from Customer to the Authority which (A) shall be signed also by Authority’s Other Customer acquiring such Remarket Quantity, (B) shall specify the amount and effective date of such decrease and the Remarket Quantity desired by the Authority’s Other Customer as contract quantity, (C) shall express the Authority’s Other Customer’s willingness to enter into a long-term water supply contract with the Authority effective as of the specified effective date for such decrease, and (D) shall be given at least ninety (90) days in advance of such effective date. Customer may include a negotiated price per 1,000 gallons of Remarket Quantity to be paid to the Customer by the Authority’s Other Customer acquiring such Remarket Quantity as contract quantity; provided, however, that such charge shall be in addition to any amounts due under the long-term water supply contract between the Authority and the Authority’s Other Customer. If such a charge is included as a condition to the acquisition by the Authority’s Other Customer of such Remarket Quantity as contract quantity, the notice to the Authority shall include the amount of such charge on a price per 1,000 gallon basis. Upon the effective date of such long-term water supply contract with the Authority’s Other Customer, the Option shall terminate as to the Remarket Quantity but otherwise continue in effect as to any remaining portion of the Option Quantity for the remainder of the Optio...
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Related to Decrease in Option Quantity; Remarket Quantity

  • Definitions For purposes of this Agreement:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

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