FILING RIGHTS. This Implementation Agreement does not address (1) Ravenswood’s legal authority, if any, to have its own rate schedule on file under FPA Section 205 to provide Fuel Oil Burn for G.2, i.e., burn Fuel Oil in lieu of natural gas in furtherance of Rule G.2, or (2) Ravenswood’s obligation, if any, to provide Fuel Oil Burn for G.2 and to be compensated for doing so, pursuant to an unexecuted Implementation Agreement under Section 4.1.9 of its Services Tariff. These issues are contested and unresolved, however, the Parties agree that the Commission can and should accept this Implementation Agreement without addressing them.

FILING RIGHTS. No Party will make a Section 205 filing or a Section 206 filing seeking to amend the terms of this Implementation Agreement, or seeking a rate or a revised rate to compensate Helix for construction of a new fuel oil storage tank in order to accommodate the conversion of the Ravenswood Generating Station to fire No. 4 fuel oil in lieu of No. 6 fuel oil during the term of this Implementation Agreement, unless the Parties, by mutual consent, agree to modify the terms and conditions of this Implementation Agreement. This Implementation Agreement has been negotiated at arm’s-length by Parties of equal bargaining power, and it is the intent of the Parties that this Implementation Agreement is subject to the “public interest” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 000 X.X. 000 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 000 X.X. 000 (1956) (“Mobile Sierra doctrine”) to the full extent legally permissible and SERVICE AGREEMENT NO. 2575 as interpreted in Xxxxxx Xxxxxxx Capital Group Inc. v. Pub. Xxxx Xxxxxxxx Xx. 0, 000 X. Xx. 2733 (2008), NRG Power Marketing LLC v. Me. Pub. Utils, Comm’n, 000 X. Xx. 000 (2010) and Dominion Transmission Inc. v. FERC, 533 F.3d 845 (D.C. Cir. 2008).

FILING RIGHTS. Nothing in this Section 31.5.7 will convey, expand, limit or otherwise alter any rights of ISO-NE, the ISO, PJM, each region’s transmission owners, market participants, or other entities to submit filings under Section 205 of the Federal Power Act regarding interregional cost allocation or any other matter. Where applicable, the regions have been authorized by entities that have cost allocation rights for their respective regions to implement the provisions of this Section 31.5.7.

FILING RIGHTS. Nothing contained in this Settlement Agreement shall be construed as affecting in any way PJM’s right unilaterally to make an application to the FERC for a change in rates, terms or conditions of service under section 205 of the Federal Power Act, or as affecting in any way (except as set forth in Section 3.4) any participant’s right to comment upon or protest any such application. Nor shall anything contained in this Settlement Agreement (except as set forth in Section 3.4) be construed as affecting in any way any participant’s rights to submit filings to FERC under section 206 of the Federal Power Act concerning such rates, terms or conditions of service.

FILING RIGHTS. Provided the Settlement becomes effective in accordance with Article III of this Settlement, the Settling Parties agree to refrain from making any filings pursuant to section 205 or 206 of the FPA to modify the Settlement Rates for a period of two years following the Settlement Effective Date (“Keep-Out Period”). After the Keep-Out Period, nothing contained in this Settlement shall be construed as affecting in any way PJM’s right unilaterally to make an application to the FERC for a prospective change in rates, terms or conditions of service under section 205 of the FPA, or as affecting in any way any Settling Party’s right to comment upon or protest any such application. Any such section 205 application shall not propose any modification to the rates, terms, or conditions of Black Start Service provided during the Keep-Out Period. After the Keep-Out Period, nothing contained in this Settlement will be construed as affecting in any way any Settling Party’s rights to unilaterally submit filings to FERC under section 206 of the FPA seeking a prospective change in concerning PJM’s rates, terms or conditions of service.

FILING RIGHTS. ‌ Except as expressly set forth in the following paragraph, nothing contained in this Settlement Agreement shall be construed as: (a) affecting in any way PJM’s right unilaterally to make application to the FERC for a change in rates, terms and conditions under section 205 of the Federal Power Act; or (b) restricting any rights of the other parties under the Federal Power Act, including rights under section 206. For a period of six (6) years from the effective date of the attached revisions to Attachment M, if any party to the Commission proceedings in Docket Nos. EL07-56 or EL07-58, Xx. Xxxxxxx, or the company established by Xx. Xxxxxxx petitions the Commission for a change to Attachment M or Section 18.17.4 of the PJM Operating Agreement (including Schedules 10 and 10A), such change shall, in the absence of agreement of all such entities, be governed by the “public interest” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 U.S. 332 (1956), and FPC v. Sierra Pacific Power Co., 350 U.S. 348 (1956). The foregoing protection shall include the standards and processes set forth in Section III.F of Attachment M at the end of the initial contract term. Notwithstanding the foregoing, if the Commission issues a final rule in Docket No. RM07-19 (or in any other rulemaking proceeding affecting market monitoring) that requires a change to Attachment M or Section 18.17.4 of the PJM Operating Agreement, PJM shall not be precluded by this Settlement Agreement from submitting a compliance filing effecting such change, provided, however, that any such filing shall be limited solely to changes required by the Commission, not discretionary changes made on behalf of PJM or any other person or entity.

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Naming Rights The Authority hereby grants to StadCo the right to (i) name the Premises, any portions thereof and any operations therefrom and (ii) give designations and associations to any portion of the Premises or the operations therefrom (collectively, “Naming Rights”); provided, however, that the exercise by StadCo of the Naming Rights shall be subject to the prior written Approval of the Authority if the proposed exercise of the Naming Rights (v) violates any Applicable Law, (x) promotes or relates to firearms, (y) uses the name of a Governmental Authority other than the County or Las Vegas located within a 700-mile radius of the Xxxxx County Government Center as it exists on the date of this Agreement or (z) would reasonably cause embarrassment or disparagement to the Authority or the County (including names containing slang, barbarisms, racial epithets, obscenities, profanity or names relating to any sexually-oriented business or enterprise or containing any overt political reference). Notwithstanding anything to the contrary contained in this Agreement, the Authority hereby reserves the following: (A) the non-exclusive right to use (but not sublicense) the names, designations, and associations granted by StadCo pursuant to its exercise of the Naming Rights for the purpose of promoting the general business and activities of the Authority and for no other purpose, and (B) the non-exclusive right to use (but not sublicense) any symbolic representation of the Premises for the above-listed purposes; provided, however, in no event shall the Authority’s rights include the right to (and the Authority shall not) use any Team indicia including the Team’s marks, logos, images, name, nickname, mascot, color scheme(s), designs, slogans or other intellectual property rights in the Authority’s promotional activities or display of Stadium symbolic representations without receiving the approval of the Team pursuant to a separate agreement between the Team and the Authority. From and after the date StadCo notifies the Authority of (1) StadCo’s exercise of any one or more of the Naming Rights or (2) the existence of a naming rights agreement related thereto, the Authority shall (a) adopt the nomenclature designated in such naming rights agreement for the Premises or the portion thereof covered by such naming rights agreement and (b) refrain from using any other nomenclature for the Premises or such portion thereof in any documents, press releases or other materials produced or disseminated by the Authority. Notwithstanding anything contained herein to the contrary, the Authority shall not use the names, designations or associations granted by StadCo pursuant to StadCo’s exercise of the Naming Rights or any symbolic representation of the Premises to promote a Prohibited Use.‌
Existing Rights Termination shall not affect rights and obligations then outstanding under this Agreement which shall continue to be governed by this Agreement until all obligations have been fully performed.
Sublicensing Rights (a) The license(s) granted to Intellia in Section 2.1 and to Caribou in Section 2.2 may be sublicensed, in full or in part, by Intellia and Caribou, respectively, (each, the “Sublicensing Party”) by a written agreement to its Affiliates and Third Parties (with the further right to sublicense [***] provided that the following shall likewise apply with respect to sublicenses granted by a Sublicensee), provided, that: (i) the Sublicensing Party will provide to the other Party a copy of any sublicense agreement with a Sublicensee within [***] days of execution thereof, which sublicense agreement may be redacted as necessary to protect commercially sensitive information to the extent such information is not reasonably necessary to determine compliance with this Agreement or to determine the rights granted under any of the Caribou IP or Intellia IP, as applicable (together with an accurate English translation of such sublicense, if applicable) provided that if such agreement is with a Related Party the Sublicensing Party shall provide an unredacted copy thereof; (ii) the Sublicensing Party will be responsible for any and all obligations of such Sublicensee as if such Sublicensee were “Intellia” or “Caribou”, as applicable, hereunder; (iii) any such Sublicensee will agree in writing to be bound by identical obligations as the Sublicensing Party hereunder with respect to the activities of such Sublicensee hereunder; (iv) to the extent that the Sublicensing Party or any Sublicensee grants a sublicense under any intellectual property subject to a Caribou In-License or Intellia Included In-License, as applicable, such sublicense (and such further sublicensee) will be subject to the terms of such Caribou In-License or Intellia Included In-License, including such sublicensee’s compliance with the Required In-License Provisions [***].
Additional Registration Rights If Issuer at any time after the exercise of the Option proposes to register any shares of Issuer Common Stock under the Securities Act in connection with an underwritten public offering of such Issuer Common Stock, Issuer will promptly give written notice to Grantee of its intention to do so and, upon the written request of any Selling Stockholder given within 30 days after receipt of any such notice (which request shall specify the number of shares of Issuer Common Stock intended to be included in such underwritten public offering by the Selling Stockholder), Issuer will cause all such shares for which a Selling Stockholder requests participation in such registration to be so registered and included in such underwritten public offering; provided, however, that Issuer may elect to not cause any such shares to be so registered (i) if in the reasonable good faith opinion of the underwriters for such offering, the inclusion of all such shares by the Selling Stockholder would materially interfere with the marketing of such offering (in which case Issuer shall register as many shares as possible without materially interfering with the marketing of the offering), or (ii) in the case of a registration solely to implement an employee benefit plan or a registration filed on Form S-4 of the Securities Act or any successor Form. If some but not all the shares of Issuer Common Stock with respect to which Issuer shall have received requests for registration pursuant to this Section 10(b) shall be excluded from such registration, Issuer shall make appropriate allocation of shares to be registered among the Selling Stockholders desiring to register their shares pro rata in the proportion that the number of shares requested to be registered by each such Selling Stockholder bears to the total number of shares requested to be registered by all such Selling Stockholders then desiring to have Issuer Common Stock registered for sale.
Rights of Registration and Voting Rights Except as provided in the Investors’ Rights Agreement, the Company is not under any obligation to register under the Securities Act any of its currently outstanding securities or any securities issuable upon exercise or conversion of its currently outstanding securities. To the Company’s knowledge, except as contemplated in the Voting Agreement, no stockholder of the Company has entered into any agreements with respect to the voting of capital shares of the Company.
Registration Rights and Voting Rights Except as required pursuant to the Investor Rights Agreement, the Company is presently not under any obligation, and has not granted any rights, to register under the Securities Act of 1933, as amended (the “Securities Act”), any of the Company’s presently outstanding securities or any of its securities that may hereafter be issued. To the Company’s knowledge, no stockholder of the Company has entered into any agreement with respect to the voting of equity securities of the Company.
Assignability of Registration Rights Except as provided in Section 8.11, no Party may assign, delegate or otherwise transfer any of its rights or obligations under this Agreement without the written consent of the other Party to this Agreement.
Transferability of Registration Rights The registration rights set forth in this Agreement are transferable to each transferee of Registrable Securities. Each subsequent holder of Registrable Securities must consent in writing to be bound by the terms and conditions of this Agreement in order to acquire the rights granted pursuant to this Agreement.
Bumping Rights An employee laid off from his/her present class may bump only into the next equal or lower class in which the employee has greater seniority. The employee may continue to bump into such equal or lower classes to avoid layoff.
Marketing Rights Neither the Company nor any of its Subsidiaries have granted rights to license, market, or sell its products or services to any other Person and is not bound by any agreement that affects the Company’s (or any Subsidiary’s) exclusive right to develop, distribute, market or sell its products or services.

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