Elective Provisions Sample Clauses
The Elective Provisions clause allows parties to a contract to select from a set of optional terms or conditions that can be included or excluded based on their preferences or specific needs. Typically, this clause presents a list of provisions—such as dispute resolution methods, governing law, or additional services—that the parties can choose to adopt by mutual agreement. By providing flexibility and customization, the Elective Provisions clause ensures that the contract can be tailored to suit the unique requirements of the transaction, thereby enhancing clarity and reducing the likelihood of disputes over unaddressed issues.
Elective Provisions. 1. (a)(ii)
Elective Provisions. Clause (1) of the Gas Annex is amended and restated in its entirety to read as follows:
Elective Provisions. APPROVAL AND GAURANTEE OF SHAREHOLDERS, MEMBERS OR PARTNERS.........16 REAL ESTATE FRANCHISE AGREEMENT THIS REAL ESTATE FRANCHISE AGREEMENT ("Agreement") is made and entered into by and between WHY USA NORTH AMERICA, INC., a Wisconsin corporation ("WHY USA"), having its principal offices at ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and that party designated as "Franchisee" in Section 23.1 herein. WHY USA and Franchisee are collectively referred to as the "Parties."
Elective Provisions. An Employer may amend the elective provisions of the Adoption Agreement establishing its Trust at any time and from time to time or discontinue or terminate the Trust by delivering to the Trustee a copy of an amendment or discontinuance or termination certified by a duly authorized person on behalf of the Employer; provided, however, that, except as provided in Section 1.2 and Article XIII, the Employer shall have no power to amend or terminate the Trust in such manner as would cause or permit (i) any of the assets of the Trust to be diverted to purposes other than for the exclusive benefit of the eligible Employees of the Employer or their Beneficiaries or estates; (ii) any reduction in the amount theretofore credited to any Participant; (iii) any portion of the assets of the Trust to revert to or become the property of the Employer; (iv) the elimination or reduction of an optional form of benefit; (v) the duties or liabilities of the Trustee to be increased without its written consent; and (vi) in the case of a Money Purchase Plan, the significant reduction in the rate of future benefit accrual unless, after adoption of the plan amendment and not less than fifteen (15) days before the effective date of the plan amendment, the Plan Administrator provides a written notice, setting forth the plan amendment and its effective date, to each Participant, each Beneficiary who is an alternate payee, and each employee organization representing Participants of the Plan. Each amendment shall be effective on the effective date of such amended Adoption Agreement except that retroactive changes to a previous election or elections pursuant to the regulations issued under Sections 401(a)(4) or 401(b) shall be permitted. If the Employer amends any provision other than the elective provisions of the Adoption Agreement for any reason, including a waiver of the minimum funding requirement under Section 412(d) of the Code, except as provided in Section 8.2(b) and except to add certain model amendments published by the Internal Revenue Service which specifically provide that their adoption will not cause the Plan to be treated as individually designed, its Trust will be deemed to be an individually designed plan and may no longer participate in a prototype established under this Basic Plan Document.
Elective Provisions. (1) Clause (a)(ii): √ Applicability to Outstanding Power Transactions. If not checked, not applicable.
(2) Clause (a)(iii): √ Applicability of Outstanding Power Credit Support held by a party in connection with Outstanding Power Transactions. If not checked, not applicable.
(3) Clause (c): √ Accelerated Payment Damages. If not checked, not applicable.
(4) Clause (d)(ii):Timeliness of Payment Option A √ Option B If neither is checked, Option B shall be deemed to apply.
(5) Clause (h)(i):Wholesale Power Tariffs √ Party A Electric Tariff. Tariff/Date/Docket: Tariff: Market-Based Rate Tariff Dated: May 16, 2016 Docket Number: ER16-00325-001 √ Party B Electric Tariff. Tariff/Date/Docket: Summer Energy, LLC: N/A DB1/ 97256719.2 4833-0855-7924 Summer Energy Northeast, LLC: Tariff: Market-Based Rate Tariff Dated: Docket Number: ER18-696-000 If not checked, not applicable.
(6) Clause (h)(ii): √ Applicability of Severability provision. If not checked, not applicable.
(7) Clause (h)(iii): √ Applicability of FERC Standard of Review and Certain Covenants and Waivers. If not checked, not applicable.
Elective Provisions. (1) Clause (a)(ii):
Elective Provisions. (1) Clause (a)(ii): √
Elective Provisions