Expansion by Province Sample Clauses

Expansion by Province. The Province shall be at liberty during the Operating Period to undertake expansion to any aspect of the New Infrastructure or the Existing Infrastructure, but in that event: (a) the Province shall, before entering into any agreement to expand the New Infrastructure, but only to the extent permitted by law and any intergovernmental agreements to which the Province is then a party, offer to negotiate exclusively with the Contractor for a period of 60 days, with a view to engaging the Contractor to carry out such expansion and to mutually consider whether the expansion would materially and adversely alter the risk profile of the O&M; (b) if the Province does not engage the Contractor to carry out such expansion, the Province shall take all commercially reasonable measures to minimize interference with or disruption to the Contractor’s carrying out of the O&M or the O&M Requirements, and if the activities of the Province or its contractors in carrying out the expansion do interfere with or disrupt the Contractor’s carrying out of the O&M or the O&M Requirements, such interference or disruption shall, subject to Section 13.2, constitute a Relief Event under Section 13.2(k); (c) if the Province does engage the Contractor to operate and maintain such expansion the O&M and the O&M Requirements shall then be amended to reflect the expansion and shall be amended at reasonable times, in a reasonable manner and with reasonable information sharing so as to as much as practicable minimize the cost to the Province of the amendment, and in that event the scope of the O&M shall be extended to and include the expansion; (d) if the Province does engage the Contractor to operate and maintain such expansion and if the expansion when completed increases the cost to the Contractor of carrying out the O&M or the O&M Requirements, then in accordance with Section 7.5 the O&M Payments in Schedule 14 (Payment Schedule) shall thereafter be adjusted commensurately; and (e) if expansion of the New Infrastructure is carried out other than by the Contractor (the “Expansion”) but the Province does engage the Contractor to operate and maintain the Expansion, then: (i) the Contractor shall provide all reasonable cooperation (but without obligation to incur material expense unless underwritten by the Province) to facilitate the carrying out of the Expansion; (ii) subject to the last paragraph below in Section 7.4, for all purposes related to the Handback Requirements and responsibility for l...
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Related to Expansion by Province

  • Succession by Xxxxxx, Etc Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to the Trustee hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee or to authenticate Notes in the name of any predecessor trustee shall apply only to its successor or successors by merger, conversion or consolidation.

  • Termination by Operation of Law This Agreement may be terminated by any Party hereto if there shall be any statute, rule or regulation that renders consummation of the transactions contemplated by this Agreement (the “Contemplated Transactions) illegal or otherwise prohibited, or a court of competent jurisdiction or any government (or governmental authority) shall have issued an order, decree or ruling, or has taken any other action restraining, enjoining or otherwise prohibiting the consummation of such transactions and such order, decree, ruling or other action shall have become final and nonappealable.

  • No Waiver of Governmental Immunity Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10 of the Colorado Revised Statutes.

  • Conclusiveness of Statements; Survival of Provisions Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.

  • Possession by the Allottee After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of Allottees or the competent authority, as the case may be, as per the local laws. [Provided that, in the absence of any local law, the promoter shall handover the necessary documents and plans, including common areas, to the association of allottees or the competent authority, as the case may be, within thirty days after obtaining the completion certificate].

  • Obligations Limited to Parties to Agreement Each of the parties hereto covenants, agrees and acknowledges that no Person other than the Partnership and the Holders shall have any obligation hereunder and that, notwithstanding that one or more of the Holders may be a corporation, partnership or limited liability company, no recourse under this Agreement or under any documents or instruments delivered in connection herewith or therewith shall be had against any former, current or future director, officer, employee, agent, general or limited partner, manager, member, stockholder or Affiliate of any of the Holders or any former, current or future director, officer, employee, agent, general or limited partner, manager, member, stockholder or Affiliate of any of the foregoing, whether by the enforcement of any assessment or by any legal or equitable proceeding, or by virtue of any applicable law, it being expressly agreed and acknowledged that no personal liability whatsoever shall attach to, be imposed on or otherwise be incurred by any former, current or future director, officer, employee, agent, general or limited partner, manager, member, stockholder or Affiliate of any of the Holders or any former, current or future director, officer, employee, agent, general or limited partner, manager, member, stockholder or Affiliate of any of the foregoing, as such, for any obligations of the Holders under this Agreement or any documents or instruments delivered in connection herewith or therewith or for any claim based on, in respect of or by reason of such obligation or its creation, except in each case for any assignee of the Holders hereunder.

  • Termination by Agreement both parties may agree to terminate this Agreement;

  • No Waiver of Immunities Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to County, its past or present officers, employees, or agents or employees, nor to create any legal rights or claim on behalf of any third party. County does not waive, modify, or alter to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas and of the United States.

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  • Action by Agents 42 7.04 Consultation with Experts ....................................... 42 7.05

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