Common use of Effect of Regulatory or Legislative Actions Clause in Contracts

Effect of Regulatory or Legislative Actions. (a) The Parties agree that the Company’s obligations under this Agreement are contingent on, and limited by, the Company’s ability to recover all costs incurred by it under this Agreement from its retail customers in full and on a current basis. If any statutes, rules, regulations, or orders are enacted, amended, entered, or revoked which have the effect of depriving the Company’s full and current recovery of said costs, the Company may terminate this Agreement upon ten (10) days written notice. The Parties agree that any such termination shall not constitute an Event of Default under this Agreement. (b) If any statutes, rules, regulations, or orders are enacted, amended, entered, or revoked which transfers the Company’s obligation to procure or supply DS Supply to third party, this Agreement may be transferred to such third party in accordance with the provisions of Section 16.4 below. The Parties agree that any such transfer shall not constitute an Event of Default under this Agreement. (c) In the event that this Agreement is terminated as a result of any of the reasons set forth in subsections (a) and (b) of Section 16.3 above, the Parties agree that the Company shall not be liable for any costs or damages incurred or otherwise associated with (i) the transfer of the Company’s obligation to obtain or provide DS Supply to third party, or (ii) the elimination of the Company’s obligation to obtain or provide DS Supply.

Appears in 6 contracts

Samples: Supplier Master Agreement, Default Service Supplier Master Agreement, Supplier Master Agreement

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Effect of Regulatory or Legislative Actions. (a) The Parties agree that the CompanyBuyer’s obligations under this Agreement are contingent on, and limited by, the CompanyBuyer’s ability to recover all costs incurred by it under this Agreement from its retail customers in full and on a current basis. If any statutes, rules, regulations, or orders are enacted, amended, entered, or revoked which have the effect of depriving the CompanyBuyer’s full and current recovery of said costs, the Company Buyer may terminate this Agreement upon ten (10) days written notice. The Parties agree that any such termination shall not constitute an Event of Default under this Agreement. (b) If any statutes, rules, regulations, or orders are enacted, amended, entered, or revoked which transfers the CompanyBuyer’s obligation to procure or supply DS Supply AECs to third party, this Agreement may be transferred to such third party in accordance with the provisions of Section 16.4 14.8 below. The Parties agree that any such transfer shall not constitute an Event of Default under this Agreement. (c) In the event that this Agreement is terminated as a result of any of the reasons set forth in subsections (a) and (b) of Section 16.3 14.7 above, the Parties agree that the Company Buyer shall not be liable for any costs or damages incurred or otherwise associated with (i) the transfer of the CompanyBuyer’s obligation to obtain or provide DS Supply AECs to third party, or (ii) the elimination of the CompanyBuyer’s obligation to obtain or provide DS SupplyAECs.

Appears in 1 contract

Samples: Long Term Alternative Energy Credit Supplier Master Agreement

Effect of Regulatory or Legislative Actions. (a) The Parties agree that the Company’s obligations under this Agreement are contingent on, and limited by, the Company’s ability to recover all costs incurred by it under this Agreement from its retail customers in full and on a current basis. If any statutes, rules, regulations, or orders are enacted, amended, entered, or revoked which have the effect of depriving the Company’s full and current recovery of said costs, the Company may terminate this Agreement upon ten (10) days written notice. The Parties agree that any such termination shall not constitute an Event of Default under this Agreement. (b) If any statutes, rules, regulations, or orders are enacted, amended, entered, or revoked which transfers transfer the Company’s obligation to procure or supply DS Supply to a third partyparty(ies), this Agreement may be transferred to such third party party(ies) in accordance with the provisions of Section 16.4 below. The Parties agree that any such transfer shall not constitute an Event of Default under this Agreement. (c) In the event that this Agreement is terminated as a result of any of the reasons set forth in subsections (a) and (b) of Section 16.3 above, the Parties agree that the Company shall not be liable for any costs or damages incurred or otherwise associated with (i) the transfer of the Company’s obligation to obtain or provide DS Supply to third party, or (ii) the elimination of the Company’s obligation to obtain or provide DS SupplySupply from DS Supplier.

Appears in 1 contract

Samples: Universal Default Supplier Master Agreement

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Effect of Regulatory or Legislative Actions. (a) The Parties agree that the Company’s obligations under this Agreement are contingent on, and limited by, the Company’s ability to recover all costs incurred by it under this Agreement from its retail customers in full and on a current basis. If any statutes, rules, regulations, or orders are enacted, amended, entered, or revoked which have the effect of depriving the Company’s full and current recovery of said costs, the Company may terminate this Agreement upon ten (10) days written notice. The Parties agree that any such termination shall not constitute an Event of Default under this Agreement. (b) If any statutes, rules, regulations, or orders are enacted, amended, entered, or revoked which transfers the Company’s obligation to procure or supply DS TOU Supply to third party, this Agreement may be transferred to such third party in accordance with the provisions of Section 16.4 below. The Parties agree that any such transfer shall not constitute an Event of Default under this Agreement. (c) In the event that this Agreement is terminated as a result of any of the reasons set forth in subsections (a) and (b) of Section 16.3 above, the Parties agree that the Company shall not be liable for any costs or damages incurred or otherwise associated with (i) the transfer of the Company’s obligation to obtain or provide DS TOU Supply to third party, or (ii) the elimination of the Company’s obligation to obtain or provide DS Supply.or

Appears in 1 contract

Samples: Time of Use Supplier Master Agreement

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