EFFECT HEREUNDER--GENERAL Sample Clauses

EFFECT HEREUNDER--GENERAL. If because of a force majeure either party is unable to carry out any of its obligations under this Agreement (other than the obligation to pay money in connection with performance of the Agreement), and if such party shall promptly give to the other party written notice of such force majeure, then the obligations of the party giving such notice and the corresponding obligations of the other party shall be suspended to the extent made necessary by such force majeure and during its continuance; provided, however, that the party giving such notice shall act promptly in reasonable manner to eliminate such force majeure. Either party shall have the right to elect to suspend the production, delivery, receipt, acceptance and/or sale or purchase of coal, as the case may be, for the period of time during which such force majeure exists; and, in the event of a force majeure declared by Seller, KU, if it so elects, shall have the right during such period to purchase coal from other sources, and, in the event of a force majeure declared by KU, Seller, if it so elects, shall have the right during such period to sell coal to others. Any deficiencies in deliveries of coal hereunder caused by force majeures shall not be made up except by mutual consent; but if Seller for any reason other than a KU force majeure fails to deliver coal to KU pursuant to normal established shipment schedules but does not notify KU of the occurrence of a force majeure, KU shall have the right to require, but shall not be obligated to accept, make-up tonnages or deliveries of tonnages so lost, at the price in effect when lost.
Sample 1Sample 2
AutoNDA by SimpleDocs

Related to EFFECT HEREUNDER--GENERAL

  • Enforcement of this Agreement The parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Effect of this Agreement Subject to the Corporation’s right to terminate the Option pursuant to Section 7.4 of the Plan, this Option Agreement shall be assumed by, be binding upon and inure to the benefit of any successor or successors to the Corporation.

  • INSURANCE COMPANY NOT A PARTY TO THIS AGREEMENT The Insurer shall not be deemed a party to this Agreement, but will respect the rights of the parties as herein developed upon receiving an executed copy of this Agreement. Payment or other performance in accordance with the policy provisions shall fully discharge the Insurer from any and all liability.

  • Authorization of this Agreement This Agreement has been duly authorized, executed and delivered by or on behalf of such Selling Stockholder.

  • No Consideration Absent Execution of this Agreement Employee understands and agrees that Employee would not receive the monies and/or benefits specified in paragraph “2” above, except for Employee’s execution of this Agreement and the fulfillment of the promises contained herein.

  • The Lender Groups Rights and Remedies 9.1 Rights and Remedies. 9.2 Remedies Cumulative.

  • Assignment of this Agreement This letter agreement is personal to you and shall not be assignable by you without the prior written consent of Xxxxx & XxXxxxxx Companies. This letter agreement shall inure to the benefit of and be binding upon the Company and its respective successors and assigns. Xxxxx & XxXxxxxx Companies may assign this letter agreement, without your consent, to any member of the Affiliated Group or to any other respective successor (whether directly or indirectly, by agreement, purchase, merger, consolidation, operation of law or otherwise) to all, substantially all or a substantial portion of the business and/or assets of the Company, as applicable. If and to the extent that this letter agreement is so assigned, references to the “Company” throughout this letter agreement shall mean the Company as hereinbefore defined and any successor to, or assignee of, its business and/or assets.

  • Application of this Agreement The terms of this Agreement shall apply mutatis mutandis to any shares:

  • Examination of this Agreement A copy of this Agreement shall be available at all reasonable times at the office of the Right Agent in the Borough of Manhattan, City and State of New York, for inspection by the registered holder of any Right. The Right Agent may require any such holder to submit his, her or its Right for inspection by it.

  • Modification of this Agreement No amendment, modification, alteration or waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the party against whom enforcement of such amendment is sought, and no waiver of any provision of this Agreement by any party hereto, and no consent to any departure therefrom by any party hereto, shall be effective unless it is in writing and signed by the party against whom enforcement of such waiver or consent is sought, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Time is Money Join Law Insider Premium to draft better contracts faster.