Energy Adjustment Sample Clauses

Energy Adjustment. If at any time during a year it becomes apparent that the Base Energy Rate no longer accurately reflects costs and expenses, the Board may implement or modify the Energy Adjustment Rate to be applied for the remainder of the budget year. The Energy Adjustment Rate shall be an additional charge or credit calculated in accordance with ODEC’s Board-approved policy regarding collection of energy costs and expenses. The Board may implement an Energy Adjustment Rate when the Energy Adjustment Rate would be greater than +/- 2.0% of the Base Energy Rate. The Energy Adjustment Rate shall be rounded to five decimal places.
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Related to Energy Adjustment

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

  • Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Governing Law THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • NOW, THEREFORE the parties agree as follows:

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

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