Definition and Effect Sample Clauses

Definition and Effect. Subject to Clause 12.04 and compliance with Clause 21.02, no failure or omission by any Party to carry out or observe any of the stipulations or conditions of this Agreement shall, except in relation to obligations to make payments hereunder and except as herein expressly provided to the contrary, give rise to any claim against the Party in question or be deemed a breach of this Agreement if such failure or omission arises from any cause reasonably beyond the control of that Party, acting and having acted as Reasonable and Prudent Operator, including (without prejudice to the generality of the foregoing) strikes, lockouts and labour disputes (such cause herein referred to as "Force Majeure"). For the avoidance of doubt, in relation to the stipulations or conditions imposed upon the Shippers Group or Shippers Operator hereunder, the following shall not constitute Force Majeure: (a) any failure of the Shippers Field reservoir to perform as anticipated; and / or (b) late completion or availability of any other facilities necessary for the delivery of Shippers Pipeline Liquids; and / or (c) failure by the owners of the Intervening System (if any) to act as a Reasonable and Prudent Operator; and / or (d) failure by any contractor of the Shippers Group or Shippers Operator to act as a Reasonable and Prudent Operator; and / or (e) any failure of the Shippers Group to perform their obligations as a result of events or causes affecting: (i) the owners of the Intervening System (if any); or (ii) any third party who transports, processes, stores and / or exports any hydrocarbons from the Shippers Field (other than INEOS acting as the owner and operator of the FPS System); where such events or causes affecting the owners of the Intervening System (if any) or such third party would not constitute Force Majeure as defined in this Agreement. In the event that a Party is unable to fulfil its obligations in the above circumstances, the obligations hereunder of such Party shall except as provided above be suspended. The Party whose obligations have been suspended as aforesaid shall give notice in writing of such suspension, as soon as reasonably possible, to the other Parties stating the date and extent of such suspension, cause thereof and such other details as may be reasonable in all the circumstances. Any Party whose obligations have been suspended as aforesaid shall resume the performance of such obligations as soon as reasonably possible after the removal of the cause...
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Definition and Effect. A “nonappropriation” occurs when Customer is unable to secure or allocate sufficient funds in its operating budget to fulfill its financial obligations under this Agreement. If a nonappropriation occurs during the Term, Customer may terminate this Agreement at the end of the then-current fiscal period (“Termination Date”) without incurring any termination liability. Customer will not be obligated for payments for any fiscal period after the Termination Date. Customer will give Sprint written notice of any termination under this section at least 30 days before the Termination Date. At Sprint’s request, Customer will promptly provide supplemental documentation about the nonappropriation.
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Definition and Effect. Upon the occurrence of any of the following events, the partnership will be dissolved and liquidated pursuant to Section 9.02: (a) The determination of the Management Committee to dissolve the partnership. (b) The entry of a decree of judicial dissolution pursuant to RCW 25.04.320. (c) The entry of a decree adjudicating the partnership to be bankrupt. (d) The liquidation, dissolution or bankruptcy, of any partner, unless such partner’s partnership interest is transferred pursuant to Section 10.02 to a permitted successor partner that is not bankrupt. (e) The voluntary or involuntary transfer of any of a partner’s partnership interest to anyone other than a permitted transferee under Section 10.02.
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Related to Definition and Effect

  • Confirmation and Effect The provisions of the Credit Agreement (as amended by this First Amendment) shall remain in full force and effect in accordance with its terms following the effectiveness of this First Amendment, and this First Amendment shall not constitute a waiver of any provision of the Credit Agreement or any other Loan Document, except as expressly provided for herein. Each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof’, “herein”, or words of like import shall mean and be a reference to the Credit Agreement as amended hereby, and each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby.

  • Execution and Effect of Agreement Buyer has the requisite corporate power and authority to enter into this Agreement and to perform its obligations hereunder, and the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby and the performance of Buyer’s obligations hereunder have been duly authorized by all necessary corporate action on the part of Buyer. This Agreement has been duly executed and delivered by Buyer and constitutes the legal, valid and binding obligation of Buyer, enforceable against it in accordance with its terms, subject to the Enforceability Exceptions.

  • Authorization and Effect of Agreement Seller has the requisite corporate power and authority to execute and deliver this Agreement and to perform the transactions contemplated hereby to be performed by Seller. The execution and delivery by Seller of this Agreement and the performance by Seller of the transactions contemplated hereby to be performed by Seller have been duly authorized by all necessary corporate action on the part of Seller. This Agreement has been duly executed and delivered by Seller and, assuming the due execution and delivery of this Agreement by Buyer, constitutes a valid and binding obligation of Seller, enforceable in accordance with its terms.

  • Full Force and Effect of Agreement Except as hereby specifically amended, modified or supplemented, the Credit Agreement and all other Loan Documents are hereby confirmed and ratified in all respects and shall be and remain in full force and effect according to their respective terms.

  • Force and Effect The various provisions of this Agreement are severable in their entirety. Any determination of invalidity or unenforceability of any one provision shall have no effect on the continuing force and effect of the remaining provisions.

  • RECOGNITION AND DEFINITIONS Section 1 - Recognition

  • ARTICLE I DEFINITIONS 1 SECTION 1.01.

  • Introduction and definitions 1.1 This agreement (the “Grant Agreement”) consists of 23 Clauses, 2 Schedules and 2

  • Agreement in Full Force and Effect as Amended Except as specifically amended hereby, all provisions of the Agreement shall remain in full force and effect. This Amendment shall not be deemed to expressly or impliedly waive, amend or supplement any provision of the Agreement other than as expressly set forth herein and shall not constitute a novation of the Agreement.

  • Revocation and Effect of Consent Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the Note of the consenting Holder, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to its Note or portion of its Note. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding Notes. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons who were Holders at such record date (or their duly designated proxies) and only those persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.