INCORPORATION OF MISCELLANEOUS TERMS Sample Clauses

INCORPORATION OF MISCELLANEOUS TERMS. Article VIII of the Separation Agreement is hereby incorporated into this Agreement by this reference.
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INCORPORATION OF MISCELLANEOUS TERMS. The terms set forth on Schedule A attached hereto are incorporated by reference and shall apply to this Agreement (including each of the exhibits and other schedules hereto). Other than CNX Land Resources Inc., which is a Party to this Agreement, the subsidiaries of CEI shall not join this Agreement.
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INCORPORATION OF MISCELLANEOUS TERMS. The terms set forth on Schedule A attached hereto are incorporated by reference and shall apply to this Agreement (including each of the exhibits and other schedules hereto); provided, however, that the section of Schedule A on Consequential Damages shall not apply to Lessee’s obligation to indemnify CONSOL Energy Inc. and the CEI Subsidiaries set forth in Section 16(ii) of this Agreement to the extent that the injury to person or property is with respect to a person or entity not CONSOL Energy Inc. or any of the CEI Subsidiaries.
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INCORPORATION OF MISCELLANEOUS TERMS. The terms set forth on Schedule A attached hereto are incorporated by reference and shall apply to this Agreement (including each of the exhibits and other schedules hereto); provided, however, that the section of Schedule A on Consequential Damages shall not apply (i) to the indemnity obligations of the Gas Parties to the Coal Parties against any Claim(s) set forth in Section 3.3.2 [Subsidence of Systems; Indemnity], in Section 4 [Stimulation], and in Section 20.1 [General Indemnity], (ii) to the indemnity obligations of the Coal Parties to the Gas Parties against any Claim(s) set forth in Section 20.1 [General Indemnity] and Section 20.2 [Indemnity with Respect to Certain Leased Gas Rights] or (iii) to the determination of the reimbursement due under 3.
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INCORPORATION OF MISCELLANEOUS TERMS. The terms set forth on Schedule A attached hereto are incorporated by reference and shall apply to this Agreement and to each Ancillary Agreement (including each of the exhibits and schedules hereto and thereto) even if Schedule A is not attached to such Ancillary Agreement unless contrary provisions are explicitly contained therein, and excluding the Tax Sharing Agreement to which Schedule A shall not apply.
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Related to INCORPORATION OF MISCELLANEOUS TERMS

  • Miscellaneous Terms The term "or" is disjunctive; the term "and" is conjunctive. The term "shall" is mandatory; the term "may" is permissive. Masculine terms also apply to females; feminine terms also apply to males. The term "including" is by way of example and not limitation.

  • Other Miscellaneous Terms The provisions of Article IX (General Provisions) of the Merger Agreement shall apply mutatis mutandis to this Amendment, and to the Merger Agreement as modified by this Amendment, taken together as a single agreement, reflecting the terms therein as modified by this Amendment.

  • Incorporation of Plan by Reference The Option is granted pursuant to the terms of the Plan, the terms of which are incorporated herein by reference, and the Option shall in all respects be interpreted in accordance with the Plan. The Committee shall interpret and construe the Plan and this instrument, and its interpretations and determinations shall be conclusive and binding on the parties hereto and any other person claiming an interest hereunder, with respect to any issue arising hereunder or thereunder.

  • Governing Law and Miscellaneous Provisions The provisions of Article 7 of the Collateral Trust Agreement will apply with like effect to this Collateral Trust Joinder.

  • Miscellaneous Terms and Conditions 11.1 Nothing contained in this Amendment shall be deemed: (a) to obligate Verizon to offer or provide unbundled access to any UNE (whether as a stand-alone UNE, as part of a combination, or otherwise) that was not already available to Customer under the Agreements prior to this Amendment, (b) to obligate Verizon to offer or provide unbundled access at rates prescribed under Section 251(c)(3) of the Act to any facility that is or becomes a Discontinued UNE, whether as a stand-alone UNE, as part of a combination, or otherwise or (c) to limit any right of Verizon under the Agreement (independent of this Amendment), any Verizon tariff or SGAT, or otherwise, to cease providing a Discontinued UNE, whether as a stand-alone facility, as part of a combination, or otherwise. 11.2 Notwithstanding any other provision of the Agreement, and without limiting any existing rights Verizon may have to cease providing UNEs that are discontinued under Applicable Law, in the event that the FCC determines or has determined (whether by forbearance of existing rules, a rule change or otherwise) that Verizon is not required to provide any UNEs contained in the Amended Agreements beyond the UNEs specifically addressed in this Amendment, then Verizon (to the extent it has not already done so prior to execution of this Amendment) may implement such discontinuation by notifying Customer and/or by publishing notice of such discontinuation on Verizon’s wholesale website, and no amendment to the Amended Agreement shall be required for such purposes. Any such notice that Verizon issues (or has issued) shall address, among other things, the date on which new orders are disallowed and any transition period that is required for the embedded base (which shall be at least 90 (ninety) days unless the FCC requires a longer transition period for the embedded base). After the end of any such transition period, Customer’s embedded base of the subject UNE will be treated as a Discontinued UNE under Section 10 above.

  • Incorporation of Terms of Plan The Option is subject to the terms and conditions of the Plan which are incorporated herein by reference. In the event of any inconsistency between the Plan and this Agreement, the terms of the Plan shall control.

  • Incorporation of Provisions Attachments A through H are attached hereto and incorporated into this contract as if fully set forth herein.

  • Miscellaneous Provisions The following miscellaneous provisions are a part of this Agreement:

  • Incorporation of Documents by Reference The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.

  • Incorporation of Plan Provisions These Terms and Conditions and the Agreement are made pursuant to the Plan, the provisions of which are hereby incorporated by reference. Capitalized terms not otherwise defined herein shall have the meanings set forth for such terms in the Plan. In the event of a conflict between the terms of these Terms and Conditions and the Agreement and the Plan, the terms of the Plan shall govern.

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