Failure to Achieve Conditions Precedent. If despite the diligent efforts of the Land Trust the conditions set forth in the afore-referenced Paragraph 2 are unable to be satisfied by the Closing Date, then the Town and the Land Trust may agree to an extension of the Closing Date in order to allow time to satisfy these conditions. If the Land Trust is unable to perform under this MOU by the expiration of the extended time, then this MOU shall be void and all obligations of the Parties shall cease.
Failure to Achieve Conditions Precedent. If Transporter gives notice that it has determined that satisfaction of a condition precedent for its benefit set forth in section 4.2(a) is not reasonably possible, or if any condition precedent set forth in section 4.2(a) is not satisfied, or waived, by the date such condition precedent is required to be satisfied, then this Agreement shall terminate thirty (30) days following the date such notice was given or the condition precedent was required to be satisfied (whichever is earlier)(such date being the “Early Termination Date”). Transporter shall have no liability whatsoever to Shipper for such early termination, and as the sole and exclusive remedy of Transporter therefor, Shipper shall be responsible for the costs incurred by Transporter with respect to the Interconnection Facilities, and shall pay Transporter, within thirty (30) days following receipt of an invoice from Transporter setting out reasonable particulars, the following amounts:
Failure to Achieve Conditions Precedent. If Transporter gives notice that it has determined that satisfaction of a condition precedent for its benefit set forth in section 4.4(a) is not reasonably possible, or if any condition precedent set forth in section 4.4(a) is not satisfied, or waived, by the date such condition precedent is required to be satisfied, then this Agreement shall terminate thirty (30) days following the date such notice was given or the condition precedent was required to be satisfied (whichever is earlier); and as the sole and exclusive remedy of Shipper therefor, Transporter shall be responsible for all costs incurred by Transporter with respect to the Reactivation Project, which costs Transporter would intend to recover from existing customers subject to requisite approvals from the BCUC, and there shall be no further obligations between the Parties.
Failure to Achieve Conditions Precedent. By PGCPS, upon notice to Developer, if any of the Conditions Precedent have not been satisfied by the Effective Date Deadline.
Failure to Achieve Conditions Precedent. In the event that this Agreement does not become fully effective (i) due to the failure to achieve the Conditions Precedent as set forth in Section 2.2 by [June 1, 2025], or (ii) because the Governor of Alaska approves a Fish and Wildlife Program that does not require the use of the AWWU Facilities for instream flows as contemplated in this Agreement, then: (A) this Agreement will be terminated upon thirty (30) days’ written notice by either Party (B) the automatic cross-agreement termination provisions of Section 10.3 shall apply; and (C) the Parties shall meet promptly to negotiate in good faith an alternate agreement to replace the 1984 Agreement that expires in 2025 with terms and conditions that include but are not limited to adequate compensation, risk mitigation, potential transfer or purchase of water rights, and other terms and conditions then deemed appropriate by the Parties without prejudice due to the prior existence, or the subsequent termination, of this Agreement.
