Double Jeopardy under Certain Project Agreements Sample Clauses

Double Jeopardy under Certain Project Agreements. (a) Except Disputes or breaches related to Section 2.3, Article XII, Article XIV, and Article XVI of the Energy Purchase Agreement, any settlement or waiver in writing by the Purchaser of any dispute or breach under the Energy Purchase Agreement to the extent such settlement or waiver (A) does not alter or increase the obligations of the GOP under this Agreement, or (B) does not cause the GOP to be in breach of or default under this Agreement, shall be binding on the GOP with respect to an issue or claim, as the case may be, based on the same facts or acts or omissions by the Seller. Settlement or waiver of any Dispute or breach related to Section 2.3, and Article XII, Article XIV, and Article XVI of the Energy Purchase Agreement shall be effective only if agreed to, in writing, by both the Purchaser and the GOP.
Sample 1
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Double Jeopardy under Certain Project Agreements. (a) Except Disputes or breaches related to [Section 2.3, Article XII, Article XIV, and Article XVI]5 of the Energy Purchase Agreement: (A) any settlement or waiver in writing (i) by the Purchaser of any dispute or breach under the Energy Purchase Agreement, or (ii) by the [Provincial Government] / [GOAJ&K] or the Seller of any dispute or breach under the Site Lease to the extent such settlement or waiver (1) does not alter or increase the obligations of the GOP under this Agreement, or (2) does not cause the GOP to be in breach of or default under this Agreement, [including a GOP Event of Default under Sections 14.1(b)(iv) or (v)]; (B) provided that the GOP was given reasonable and timely notice of and the opportunity to participate in any proceedings (initiated by the Seller or the Purchaser) concerning any dispute or breach of the Energy Purchase Agreement, any final, non-appealable order or award issued or given in any such proceedings, shall be binding on the GOP with respect to an issue or claim been settled or waived, or award been issued, as the case may be, based on the same facts or acts or omissions by the Seller. Settlement or waiver of any Dispute or breach related to Section 2.3, and Article XII, Article XIV, and Article XVI of the Energy Purchase Agreement shall be effective only if agreed to, in writing, by both the Purchaser and the GOP. The GOP hereby consents, at the request of the Seller, to be timely joined in any proceedings (initiated by the Seller or the Purchaser) concerning any claim of any breach of or other dispute related to the Energy Purchase Agreement if and to the extent the 5 To be reconfirmed in execution versions. Seller’s rights or obligations under this Agreement or under the Guarantee may be affected by such proceedings.
Sample 1
Double Jeopardy under Certain Project Agreements. (a) Except Disputes or breaches related to Section 2.3, Article XII, Article XIV, and Article XVI of the Energy Purchase Agreement, any settlement or waiver in writing: (i) by the Purchaser of any dispute or breach under the Energy Purchase Agreement; or (ii) by the AEDB of any dispute or breach under the Site Sub- lease, shall be binding on the GOP with respect to an issue or claim, as the case may be, based on the same facts or acts or omissions by the Seller. Settlement or waiver of any dispute or breach related to Section 2.3, and Article XII, Article XIV, and Article XVI of the Energy Purchase Agreement shall be effective only if agreed to, in writing, by both the Purchaser and the GOP. Settlement or waiver of any dispute or breach related of the Site Sub-lease shall be effective only if agreed to, in writing, by the Provincial Government.
Sample 1

Related to Double Jeopardy under Certain Project Agreements

  • Project Agreement (a) Subsequent to the establishment of a Cooperative Agreement pursuant to § 81.3, the Secretary may further agree with the States to provide xxxxx- cial assistance in the development and implementation of acceptable projects for the conservation of endangered and threatened species. Financial agree- ments will consist of an Application for Federal Assistance and a Project Agreement. Such agreements’ contin- ued existence, and continued financial assistance under such agreements, shall be contingent upon the continued existence of the Cooperative Agree- ment described in § 81.3 of this part.

  • Project Agreements Provided that where the company commences work on a project where a site agreement exists to which the company is contractually obligated or where a site agreement exists between the union and the client or their agent that provides for higher rates of pay and conditions, the conditions contained in any such site agreement will take precedence over this Agreement for the duration of the project.

  • Obligations relating to Project Agreements 5.2.1 It is expressly agreed that the Concessionaire shall, at all times, be responsible and liable for all its obligations under this Agreement notwithstanding anything contained in the Project Agreements or any other agreement, and no default under any Project Agreement or agreement shall excuse the Concessionaire from its obligations or liability hereunder.

  • Construction Contract Documents The Construction Contract Documents shall consist of the plans and specifications prepared by the Engineer, and any addenda and change orders thereto, and the Owner-Contractor Agreement, all of which shall be compatible and consistent with this Agreement.

  • Project Documents In addition to any other pertinent and necessary Project documents, the following documents shall be used in the development of the Project:

  • Construction Progress Schedule; Overall Project Schedule The Contractor shall submit for review by the Design Professional and approval by the Owner a Construction Progress Schedule based upon the Design Professional’s Preliminary Design and Construction Schedule and prepared using a CPM (Critical Path Method) process within sixty days after the Effective Date of the Contract, utilizing a full-featured software package in a form satisfactory to the Design Professional and Owner, showing the dates for commencement and completion of the Work required by the Contract Documents, including coordination of mechanical, plumbing, and electrical disciplines, as well as coordination of the various subdivisions of the Work within the Contract. Milestones must be clearly indicated and sequentially organized to identify the critical path of the Project. The Construction Schedule will be developed to represent the CSI specification divisions. It shall have the minimum number of activities required to adequately represent to the Owner the complete scope of Work and define the Project’s (and each Phase’s if phased) critical path and associated activities. The format of the Construction Progress Schedule will have dependencies indicated on a monthly grid identifying milestone dates such as construction start, phase construction, structural top out, dry-in, rough-in completion, metal stud and drywall completion, equipment installation, systems operational, inspections for Material Completion and Occupancy Date, and Final Completion Date. The Contractor shall submit, along with the Construction Progress Schedule, the Submittal Schedule for approval by the Design Professional, correlating the associated approval dates for the documents with the Construction Progress Schedule. Upon recommendation by the Design Professional and approval by the Owner, the Construction Progress Schedule shall become the Overall Project Schedule, which shall be utilized by the Design Professional, Owner and Contractor. The Contractor must provide the Design Professional and the Owner with monthly updates of the Overall Project Schedule indicating completed activities and any changes in sequencing or activity durations, including approved change orders. See also Article 3.3.5.

  • Optional Extended Local Calling Scope Arrangement Traffic (5) special access, private line, Frame Relay, ATM, or any other traffic that is not switched by the terminating Party; (6) Tandem Transit Traffic; (7) Voice Information Service Traffic (as defined in Section 5 of the Additional Services Attachment); or, (8) Virtual Foreign Exchange Traffic (or V/FX Traffic) (as defined in the Interconnection Attachment). For the purposes of this definition, a Verizon local calling area includes a Verizon non-optional Extended Local Calling Scope Arrangement, but does not include a Verizon optional Extended Local Calling Scope Arrangement.

  • 000 APPLICATION FOR PROJECT AGREEMENT 1.100 Any Company desiring to enter into a Project Agreement for Maintenance by Contract, must appear before the General Presidents' Committee (hereinafter the "Committee") for purposes of review and orientation and present to the Committee written evidence of the Owner's intent to engage that Company in the performance of maintenance service for a minimum period of one full year, subject to the usual termination clauses in such contracts.

  • Developer’s Attachment Facilities (“DAF”). Developer shall, at its expense, design, procure, construct, own and install the DAF, as set forth in Appendix A hereto.

  • Construction Contract If federal funds are included as part of the financing of the non-OPWC portion of the Project, federal law may prevail, including, but not limited to, application of Xxxxx Xxxxx prevailing wage rates, the Xxxxxxxx “Anti-Kickback” Act, the Contract Work Hours and Safety Standards Act, and any federal environmental regulations. Recipient is solely responsible for ensuring compliance with federal requirements applicable to its Local Subdivision Contribution. Notwithstanding the above, the following provisions apply to construction contracts under this Agreement:

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