If EWEB Fails to Comply with Agreement Provisions in New License Sample Clauses

If EWEB Fails to Comply with Agreement Provisions in New License. If EWEB fails to perform any of the provisions of this Agreement that are included in the New License, and is not otherwise excused from such performance as provided in this Agreement, including Sections 3.3, 3.4 and 8.6, a Party may give EWEB notice and an opportunity to cure within 90 days of such notice. If EWEB fails to cure the lack of performance within that period, if such failure is not curable within 90 days and EWEB has not commenced a cure within that period and is not diligently pursuing such cure, or the failure to perform is not capable of cure, any Party who objects to such failure to perform (a) must give notice to the other Parties and initiate dispute resolution, and (b) after completion of dispute resolution, may petition FERC to enforce such provision and, if unsuccessful, pursue an Appeal or, if and as appropriate, seek specific performance. A Party will not be required to comply with this 90-day notice provision, but will provide such notice as is reasonable under the circumstances, if it reasonably believes an emergency exists or if providing such notice would prevent it from meeting its responsibilities under any statute or regulation. If after dispute resolution and any Appeals regarding FERC action have been concluded, FERC does not enforce the applicable provision of this Agreement included in the New License and EWEB fails to perform the applicable provision included in the New License, any Party that participated in dispute resolution may withdraw from this Agreement, may seek specific performance of any provision of this Agreement that is included in the New License in a court of competent jurisdiction, or pursue any remedy available under applicable law.
Sample 1
AutoNDA by SimpleDocs

Related to If EWEB Fails to Comply with Agreement Provisions in New License

  • Amendment to Comply with Law The Parties acknowledge that state and federal laws and regulations relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide procedures to ensure compliance with such developments.

  • Compliance with the Communications Assistance Law Enforcement Act of 1994

  • Provide Data In Compliance With FERPA School Unit shall provide data for the purposes of the Service Agreement in compliance with FERPA, COPPA, PPRA, IDEA, MSIPA, and MUSER and all other Maine privacy statutes and regulations referenced or identified in this DPA.

  • Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non-Appropriation This Agreement is subject to the budget and fiscal provisions of the City’s Charter. Charges will accrue only after prior written authorization certified by the Controller, and the amount of City’s obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization. This Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, this Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors. Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. THIS SECTION CONTROLS AGAINST ANY AND ALL OTHER PROVISIONS OF THIS AGREEMENT.

  • Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions (a) Covered Entity shall notify Business Associate of any limitation(s) in the notice of privacy practices of Covered Entity under 45 CFR 164.520, to the extent that such limitation may affect Business Associate’s use or disclosure of protected health information.

  • Stipulated Penalties for Failure to Comply with Certain Obligations As a contractual remedy, Xxxxxx and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.

  • Certification of Compliance with the Energy Policy and Conservation Act When appropriate and to the extent consistent with the law, Vendor certifies that it will comply with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any mandatory standards and policies relating to energy efficiency which are contained in applicable state energy conservation plans issued in compliance with the Act. Does Vendor agree? Yes

  • Joint Funded Project with the Ohio Department of Transportation In the event that the Recipient does not have contracting authority over project engineering, construction, or right-of- way, the Recipient and the OPWC hereby assign certain responsibilities to the Ohio Department of Transportation, an authorized representative of the State of Ohio. Notwithstanding Sections IV, VI.A., VI.B., VI.C., and VII of the Project Agreement, Recipient hereby acknowledges that upon notification by the Ohio Department of Transportation, all payments for eligible project costs will be disbursed by the Grantor directly to the Ohio Department of Transportation. A Memorandum of Funds issued by the Ohio Department of Transportation shall be used to certify the estimated project costs. Upon receipt of a Memorandum of Funds from the Ohio Department of Transportation, the OPWC shall transfer funds directly to the Ohio Department of Transportation via an Intra-State Transfer Voucher. The amount or amounts transferred shall be determined by applying the Participation Percentages defined in Appendix D to those eligible project costs within the Memorandum of Funds. In the event that the Project Scope is for right-of-way only, notwithstanding Appendix D, the OPWC shall pay for 100% of the right-of-way costs not to exceed the total financial assistance provided in Appendix C. APPENDIX D LOCAL SUBDIVISION CONTRIBUTION, PROJECT FINANCING AND EXPENSES SCHEME AND DISBURSEMENT RATIO

  • BUY AMERICAN PROVISIONS COMPLIANCE To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

  • Failure to Comply with Arbitrator’s Decision 10.6.1 The award of such Arbitrator shall be final and binding upon the parties.

Time is Money Join Law Insider Premium to draft better contracts faster.