Future Proceedings Sample Clauses

Future Proceedings. The Parties agree to avoid and abstain from making any collateral attacks on this ACO or taking positions in other venues that would undermine the effect of the ACO. SED shall not participate as a party in any future cost recovery proceeding about SCE’s conduct related to the 2017/2018 Southern California Fires, nor shall it oppose any request by SCE to recover costs related to the 2017/2018 Southern California Fires in any future cost recovery proceeding. Nothing in this ACO constitutes a waiver by SED of its legal obligation, authority, or discretion to investigate and enforce applicable safety requirements and standards (including, without limitation, provisions of General Order (GO) 95 and GO 165) as to any future conduct by SCE that SED may identify as the basis for any alleged violation(s). SED shall retain such authority regardless of any factual or legal similarities to the alleged facts and violations related to the 2017/2018 Southern California Fires. Nothing in this ACO constitutes a waiver by SCE of its legal rights to defend the prudency of its conduct in connection with the 2017/2018 Southern California Fires, including with respect to the relevance and applicability of GO 95 and 165, in a future cost recovery proceeding before the Commission, or in a future enforcement matter regardless of any factual or legal similarities to the alleged facts and violations resolved herein.
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Future Proceedings. In light of the provisions of Sections 2.1 and 2.2 of this Agreement, and in case there is any resolution from a Governmental Authority after the date of execution hereof in connection with the Settlement Controversies, it shall be deemed that such resolution lacks of substance and is of no force or effect between the Parties.
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Future Proceedings. Contractor shall exclusively manage and control all future Regulatory Proceedings that involve the Transmission Facilities. To the extent Contractor files any documents in such Regulatory Proceedings that are not available to the public, Contractor shall promptly provide to Owner a copy of such documents on a confidential basis; provided that Contractor may (i) further condition such disclosure on Owner's compliance with additional restrictions designed to preserve the confidentiality of such documents and/or the integrity of such Regulatory Proceedings; and (ii) redact or otherwise withhold any portion of such documents that contains information that Contractor considers proprietary, company confidential, or otherwise inappropriate for disclosure to a Third Party but for such Regulatory Proceedings.
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Future Proceedings. Nothing in this Stipulation shall preclude, prevent or prejudice any Party hereto from raising any argument/issue or challenging any adjustment in any future rate case proceeding of EKPC. Amount (Millions) Description $48.984 Original Revenue Requirement Calculated by EKPC ($6.592) Normalize Generation Maintenance over Five Most Recent Years (2015-2019) ($1.914) General Plant Reserve Surplus Amortized Over 5 Years ($2.315) Reduce Interest Expense on Environmental Construction Work in Progress Currently Being Recovered for the Xxxxxxxx CCR/XXX in the Environmental Surcharge Mechanism $38.343 Adjusted Revenue Requirement Calculation Agreed to by Parties P.S.C. No. 35, Original First Revised Sheet No. 5 Canceling P.S.C. No. 34, Third Revised Sheet No. 7 35, Original Sheet No. 5
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Future Proceedings. Staff and the OCC have expressed concerns regarding certain terms and conditions of the Associated Agreements. The Settling Parties agree that the immediate proceeding does not require determination of those concerns and future proceedings will provide the equivalent opportunity for their review by the Commission. This Settlement Agreement does not waive any right of Staff and the OCC to take any future position with regard to actions taken and/or costs incurred pursuant to the Associated Agreements in future proceeding(s). Specifically, costs related to the Associated Agreements will be the subject of future cost recovery proceedings. Interested stakeholders, including but not limited to Staff and the OCC, may intervene in these cost recovery proceedings to provide analysis and argument regarding the prudency of the costs to be recovered. The burden shall lie with the Company to justify that any future cost recovery proposals are the public interest and cost recovery should be approved. The Company acknowledges that the three agreements, which collectively comprise the Associated Agreements, are only binding on the Company and Boulder, and any Company expenditures to satisfy the terms of any of the Associated Agreements are made with the risk that cost recovery may be later denied. The Company also acknowledges concerns have been raised and future challenges to expenditures may be forthcoming in the following areas:  $11,526,857 in Undergrounding Funds for Franchise Expiration Decade (2011-2020), a provision of the PSCo-Boulder Settlement Agreement;  Legal Fees and legal/regulatory expenses associated with the dismissal of a Boulder condemnation lawsuit, a provision of the PSCo-Boulder Settlement Agreement;  Legal and regulatory costs required to manage the PSCo-Boulder Load Interconnection Agreement; and  Generally, the potential for any cost incurred for projects connected to any of the three Associated Agreements which is not an ordinary course of business expense and/or was incurred unreasonably or imprudently. With regard to the four bullet point items discussed above, the burden shall lie with Public Service to justify that recovery of such costs is in the public interest and should be approved. No presumption of prudence is being sought or acquiesced to through this Settlement Agreement for such expenditures.
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Future Proceedings. Nothing in this Stipulation shall preclude, prevent or prejudice any Party hereto from raising any argument/issue or challenging any adjustment in any future rate case proceeding of Columbia.
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Future Proceedings. The Parties agree to avoid and abstain from making any collateral attacks on this ACO or taking positions in other venues that would undermine the effect or intent of the ACO. Nothing in this ACO constitutes a waiver by SED of its legal obligations, authority, or discretion to investigate and enforce applicable safety requirements and standards (including, without limitation, provisions of GO 95 and GO 165) as to other conduct by PG&E unrelated to this ACO or the Xxxxx Fire that SED may identify as the basis for any alleged violation(s). SED shall retain such authority regardless of any factual or legal similarities that other PG&E conduct, and any alleged violation(s), may have to PG&E’s conduct/alleged violations related to the Xxxxx Fire. Accordingly, any such similarities shall not preclude SED from using other conduct and alleged violation(s) as a basis for seeking future disallowances. The Parties agree that PG&E shall retain the right to seek payments from the Wildfire Fund and cost recovery pursuant to Public Utilities Code section 451.1 with respect to costs and expenses incurred in connection with the Xxxxx Fire. The Parties agree and intend that nothing in this ACO shall affect whether PG&E may obtain recovery of costs and expenses incurred in connection with the Xxxxx Fire, including for amounts drawn from the Wildfire Fund or otherwise sought through a cost recovery application to the Commission. As set forth in Section III.D. below, in entering into this ACO, the Parties intend that neither the fact of this settlement nor any of its specific contents will be admissible as evidence of fault, imprudence, or liability in any other proceeding before the Commission, any other administrative body, any court, or any alternative dispute resolution proceeding, such as a mediation or arbitration. Nothing in this ACO constitutes a waiver by PG&E of its legal rights to defend the prudency of its conduct in connection with the Xxxxx Fire, including but not limited to with respect to the relevance and applicability of GO 95 and 165, in a future cost recovery proceeding before the Commission, a future enforcement matter, regardless of any factual or legal similarities to the alleged facts and violations resolved herein, and any other pending or future proceedings.
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Future Proceedings. In light of the provisions of the foregoing paragraphs, and in case there is any resolution from a Governmental Authority after the date hereof in connection with the Settlement Procedures, it shall be deemed that such resolution is not binding on the Parties; provided however that this Agreement is not intended to terminate or leave without substance the rights of the Parties acquired hereunder and is not intended to be a waiver of any rights of any of the Parties related to facts or events occurring after the date hereof.
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Future Proceedings. Representative Xxxx and Xxxxx Xxxx agree not to directly or indirectly initiate, assist with, or participate in any way in any future proceeding at law or in equity against Releasees for or on account of: (i) any claim or cause of action relating to any provision of Chapter 119 of the Florida Statutes or otherwise pertaining to any and all past or present records made, created, or maintained by Releasees through the date of the School Board’s approval of this Agreement, and (ii) any claim existing through the date of the School Board’s approval of this Agreement related to the Estate of Xxxx Xxxx, including related to the death of Xxxx Xxxx, unless subpoenaed. Representative Xxxx and Xxxxx Xxxx further agree that no such claim shall be instituted by anyone else on Representative Xxxx’x and Xxxxx Xxxx, or the Estate of Xxxx Xxxx’x behalf.
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Related to Future Proceedings

  • Litigation; Proceedings Except as specifically disclosed in Schedule 3.1(g), there is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties before or by any court, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) relates to or challenges the legality, validity or enforceability of any of the Transaction Documents, the Shares or the Underlying Shares, (ii) could, individually or in the aggregate, have a Material Adverse Effect or (iii) could, individually or in the aggregate, materially impair the ability of the Company to perform fully on a timely basis its obligations under the Transaction Documents.

  • Administrative Proceedings With a view to administering in a consistent, impartial, and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure, in its administrative proceedings applying measures to particular persons, goods, or services of the other Party in specific cases, that: (a) wherever possible, persons of the other Party that are directly affected by a proceeding are provided with reasonable notice, in accordance with the Party's procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issues in controversy; (b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and (c) its procedures are in accordance with its law.

  • Corporate Proceedings All corporate proceedings and other legal matters necessary to carry out the provisions of this Agreement and the transactions contemplated hereby shall have been done to the reasonable satisfaction to counsel for the Underwriters.

  • Other Proceedings No action, suit, investigation, bankruptcy or other proceeding (including, without limitation, the enactment or promulgation of a statute or rule) by or before any arbitrator or any Governmental Authority shall be threatened or pending and no preliminary or permanent injunction or order by a state or federal court shall have been entered (i) in connection with this Agreement or any transaction contemplated hereby or (ii) which, in any case, in the judgment of the Administrative Agent could reasonably be expected to result in a Material Adverse Change.

  • Criminal Proceedings Any criminal complaint, indictment or criminal proceedings;

  • Litigation and Proceedings There are no actions, suits, proceedings, or investigations pending or, to the knowledge of the Company after reasonable investigation, threatened by or against the Company or affecting the Company or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind. The Company does not have any knowledge of any material default on its part with respect to any judgment, order, injunction, decree, award, rule, or regulation of any court, arbitrator, or governmental agency or instrumentality or of any circumstances which, after reasonable investigation, would result in the discovery of such a default.

  • Judicial Proceedings (a) The Teekay Parties irrevocably (i) agree that any legal suit, action or proceeding against the Teekay Parties arising out of or based upon this Agreement, the transactions contemplated hereby or alleged violations of the securities laws of the United States or any state in the United States may be instituted in any New York court, (ii) waive, to the fullest extent it may effectively do so, any objection which it may now or hereafter have to the laying of venue of any such proceeding in any New York court and (iii) submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Each of the Teekay Parties has appointed Xxxxxx, Xxxxxx & Xxxxxxxx, New York, New York, as its authorized agent (the “Authorized Agent”), upon whom process may be served in any such action arising out of or based on this Agreement, the transactions contemplated hereby or any alleged violation of the securities laws of the United States or any state in the United States which may be instituted in any New York court, expressly consents to the jurisdiction of any such court in respect of any such action, and waives any other requirements of or objections to personal jurisdiction with respect thereto. Such appointment shall be irrevocable. The Teekay Parties represent and warrant that the Authorized Agent has agreed to act as such agent for service of process and agrees to take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment in full force and effect as aforesaid. Service of process upon the Authorized Agent and written notice of such service to the Teekay Parties shall be deemed, in every respect, effective service of process upon the Teekay Parties. (b) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in the City of New York on the business day proceeding that on which final judgment is given. The obligations of the Teekay Parties in respect of any sum due from it to the Underwriters shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day, following receipt by the Underwriters of any sum adjudged to be so due in such other currency, on which (and only to the extent that) the Underwriters may in accordance with normal banking procedures purchase United States dollars with such other currency; if the United States dollars so purchased are less than the sum originally due to the Underwriters hereunder, the Teekay Parties agree, as a separate obligation and notwithstanding any such judgment, that the party responsible for such judgment shall indemnify the Underwriters against such loss. If the United States dollars so purchased are greater than the sum originally due to the Underwriters hereunder, the Underwriters agree to pay to the Teekay Parties an amount equal to the excess of the dollars so purchased over the sum originally due to the Underwriters hereunder.

  • Court Proceedings (a) Each of Canopy Growth, Canopy Rivers and the JW Entities shall cooperate with and assist the Company in, and consent to the Company, seeking the Interim Order and the Final Order, including by providing the Company on a timely basis with any information regarding itself or its affiliates as reasonably requested by the Company or as required by Law to be supplied by it in connection therewith. (b) In connection with all Court proceedings relating to obtaining the Interim Order and the Final Order, and in each case subject to Law, the Company shall: (i) diligently pursue, and cooperate with Canopy Growth, Canopy Rivers and the JW Entities in diligently pursuing, the Interim Order and the Final Order; (ii) provide Canopy Growth, Canopy Rivers, the JW Entities and their respective legal counsel with a reasonable opportunity to review and comment upon drafts of all material to be filed with the Court in connection with pursuing the Interim Order or the Final Order, and give reasonable consideration to all such comments; (iii) provide legal counsel to each of Canopy Growth, Canopy Rivers and the JW Entities with copies of any notice of appearance, evidence or other documents served on the Company or its legal counsel in respect of the application for the Interim Order or the Final Order or any appeal from them, and any notice, written or oral, indicating the intention of any Person to appeal, or oppose the granting of, the Interim Order or the Final Order; (iv) not object to legal counsel to Canopy Growth, Canopy Rivers or the JW Entities making such submissions on the hearing of the motion for the Interim Order and the application for the Final Order as such counsel considers appropriate, provided that the Company is advised of the nature of any submissions on a timely basis prior to the hearing and such submissions are consistent in all material respects with this Agreement and the Plan of Arrangement; (v) ensure that all material filed with the Court in connection with pursuing the Interim Order or the Final Order is consistent in all material respects with this Agreement and the Plan of Arrangement; (vi) oppose any proposal from any Person that the Final Order contain any provision inconsistent with this Agreement; (vii) if at any time after the issuance of the Final Order and prior to the Effective Date, the Company is required by the terms of the Final Order or by Law to return to Court with respect to the Final Order, it shall do so after notice to, and in consultation and cooperation with, Canopy Growth, Canopy Rivers and the JW Entities; and (viii) not file any material with the Court in connection with pursuing the Interim Order or the Final Order or serve any such material, or agree to modify or amend any material so filed or served, except as contemplated by this Agreement or with the prior consent of Canopy Growth, Canopy Rivers and the JW Entities, which consent may not be unreasonably withheld, conditioned or delayed, provided that consent may be withheld with respect to any modification or amendment to such filed or served materials that expands or increases the obligations of the Party withholding consent or diminishes or limits the rights of the Party withholding consent set forth in any such filed or served materials or under this Agreement.

  • Actions and Proceedings Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

  • Actions; Proceedings There are no actions, suits or proceedings pending or, to the knowledge of the Assignor, threatened, before or by any court, administrative agency, arbitrator or governmental body (A) with respect to any of the transactions contemplated by this Assignment Agreement or (B) with respect to any other matter that in the judgment of the Assignor will be determined adversely to the Assignor and will, if determined adversely to the Assignor, materially adversely affect its ability to perform its obligations under this Assignment Agreement.

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