Interpretation with Other Agreements Sample Clauses

Interpretation with Other Agreements. This Agreement supersedes the Original Agreement in its entirety and is the only agreement between Executive and Employer with respect to the terms and conditions of Executive's employment with Employer and supersedes the Original Agreement in its entirety. However, the following other agreements (or portions of other agreements) shall remain in effect between Employer and Executive: (i) the Stock Option Agreement (as amended) between Executive and First Capital dated May 26, 1999; and (ii) the Stock Purchase Warrant (as amended) between Executive and First Capital to purchase shares of First Capital's common stock dated May 26, 1999.
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Interpretation with Other Agreements. This PPA does not provide authorization for Seller to interconnect the Facility or inject power into the Transmission Authority’s System. Seller shall contract for interconnection services in accordance with the applicable Transmission Tariff. Seller acknowledges that the Interconnection Agreement is/will be a separate contract and that (i) this PPA is not binding on the Transmission Authority, (ii) this PPA does not create any rights between Seller and the Transmission Authority, and (iii) the Interconnection Agreement does not modify the Parties’ rights and obligations under this PPA. The applicable Transmission Authority shall be deemed to be a separate and unaffiliated contracting party for purposes of this PPA, regardless whether such Transmission Authority is Company or an Affiliate of Company. This PPA does not provide for the supply of retail power for purposes of operating the Facility, including start-up, shut-down, HVAC or any other purpose (“House Power”). Seller shall contract with the utility providing House Power to the Site (the “Local Provider”) for the supply of House Power. Seller acknowledges that (i) Seller must obtain House Power independently, (ii) this PPA is not binding on the Local Provider, (iii) this PPA does not create any rights between Seller and the Local Provider, and (iv) Seller’s contract for House Power does not affect the Parties’ rights and obligations under this PPA. For purposes of this PPA, the Local Provider shall be deemed to be a separate and unaffiliated contracting party regardless whether the Local Provider is Company or an Affiliate of Company; provided that, if (and only if) the Local Provider is Company or an Affiliate of Company, Seller may obtain House Power by self-generating and netting such self-generation from the Contract Energy provided to Company unless prohibited by Applicable La Good Faith and Fair Dealing. The Parties shall act reasonably and in accordance with the principles of good faith and fair dealing in the performance of this PPA. Unless expressly provided otherwise in this PPA, (a) when this PPA specifically references the consent, approval, or similar action by a Party, such consent or approval shall not be unreasonably withheld, conditioned or delayed, and (b) wherever this PPA specifically gives a Party a right to determine, require, specify or take similar action with respect to a matter, such determination, requirement, specification or similar action shall be Commercially Reasonabl...
Interpretation with Other Agreements. (A) This PPA does not provide Seller authorization to interconnect the Facility or inject power into the electric delivery system. Seller shall contract for interconnection services in accordance with the applicable Transmission Tariff. Seller acknowledges that any Interconnection Agreement Seller enters into is a separate contract and that (i) this PPA is not binding on the Transmission Authority, (ii) this PPA does not create any rights between Seller and the Transmission Authority, and (iii) the Interconnection Agreement does not modify the Partiesrights and obligations under this PPA. Seller agrees that any applicable Transmission Authority shall be deemed to be a separate and unaffiliated contracting party regardless whether such Transmission Authority is Company or an Affiliate of Company.
Interpretation with Other Agreements. (A) This PPA does not provide Seller authorization to interconnect the Facility or to inject power into any electric delivery system, nor does it constitute an agreement to provide transmission services of any kind to Seller. Seller shall contract for interconnection services in accordance with the applicable Transmission Tariff. Seller acknowledges that the Interconnection Agreement shall be a separate contract and that (i) this PPA shall not be binding on the Transmission Authority, (ii) this PPA shall not create any rights between Seller and the Transmission Authority, and (iii) the Interconnection Agreement shall not modify the Partiesrights and obligations under this PPA. Seller agrees that any applicable Transmission Authority shall be deemed to be a separate and unaffiliated contracting party regardless of whether such Transmission Authority is Buyer or an Affiliate of Buyer.
Interpretation with Other Agreements. Furthermore, if any Company payment either pursuant to this agreement the agreement dated March 4, 1993, between the Executive and the Company, or any other agreement, is subject to an excise tax pursuant to Section 4999 of the code (the "Excise Tax"), then the Company shall pay Executive an additional amount (the "Gross-Up Payment") such that, after payment by Executive of all taxes (including any interest or penalties imposed with respect to such taxes), including any Excise Taxes imposed upon the Gross-Up Payment, the Executive retains an amount of the Gross-Up Payment equal to the Excise Tax imposed upon the original payment triggering the Excise Tax.
Interpretation with Other Agreements. This Agreement supersedes the Prior Agreement in its entirety and is the only agreement between Executive and Employer with respect to the general terms and conditions of Executive’s employment with Employer. However, this Agreement shall not be construed as superseding any other written compensatory benefit plan, arrangement or agreement that is in effect on the Effective Date.
Interpretation with Other Agreements. (A) This PPA does not provide Seller authorization to interconnect the Facility or inject power into HCE’s System. Seller shall contract for interconnection services in accordance with HCE’s Interconnection Agreement. Seller acknowledges that the Interconnection Agreement is/will be a separate contract and that a separate, executed Interconnection Agreement with HCE will be deemed a condition precedent to the effectiveness of this PPA for any resources which tie to the HCE distribution delivery system. Resources which interconnect with the bulk electric transmission system shall conform to any applicable interconnection requirements established pursuant to the Transmission Tariff.
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Interpretation with Other Agreements. This Agreement does not modify the Parties’ rights and obligations under any applicable Rate Schedule (if Service Provider is a customer of Company) or existing service agreement between the Parties. This Agreement does not provide Service Provider with authorization to interconnect or inject power into the Distribution Authority’s System. Service Provider shall contract for any interconnection services in accordance with the applicable Distribution Tariff. Service Provider acknowledges that the Interconnection Agreement is/will be a separate contract and that (i) this Agreement is not binding on the Distribution Authority, (ii) this Agreement does not create any rights between Service Provider and the Distribution Authority no any obligations on Distribution Authority to Service Provider with respect to this Agreement, and (iii) the Interconnection Agreement does not modify the Parties’ rights and obligations under this Agreement. The applicable Distribution Authority shall be deemed to be a separate and unaffiliated contracting party for purposes of this Agreement, regardless whether such Distribution Authority is Company or an Affiliate of Company. To that end, any breach, dispute, or other issue related to the Distribution Authority’s performance under any Interconnection Agreement or other conduct by the Distribution Authority related to the Interconnection Procedures and Standards or an Interconnection Agreement shall not be considered a breach by the Company of its obligation of good faith and fair dealing or any other statutory or common law requirement with respect to this Agreement and Service Provider waives any and all claims at equity or law related thereto. Likewise, any breach, dispute, or other issue related to the Company’s performance of this Agreement or other conduct by Company related to this Agreement shall not be considered a breach by the Distribution Authority of its obligation of good faith and fair dealing or any other statutory or common law requirement under an Interconnection Agreement or the Interconnection Procedures and Standards and Service Provider agrees to waive any and all claims at equity or law related thereto.

Related to Interpretation with Other Agreements

  • No Adverse Interpretation of Other Agreements This Indenture may not be used to interpret any other indenture, loan or debt agreement of the Company or its Subsidiaries or of any other Person. Any such indenture, loan or debt agreement may not be used to interpret this Indenture.

  • Interpretation of Agreement It is understood that the parties hereto intend this Agreement to be interpreted and enforced so as to provide indemnification to Indemnitee to the fullest extent now or hereafter permitted by law.

  • Compliance with Other Agreements Employee represents and warrants that the execution of this Agreement by him and his performance of his obligations hereunder will not conflict with, result in the breach of any provision of or the termination of or constitute a default under any agreement to which Employee is a party or by which Employee is or may be bound.

  • Performance of Other Agreements Borrower shall observe and perform each and every term, covenant and provision to be observed or performed by Borrower pursuant to the Loan Agreement, any other Loan Document and any other agreement or recorded instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.

  • Conflict with Other Agreements; Amendments As of the date hereof, there are no other agreements entered into between the Securities Intermediary and the Pledgor with respect to any Designated Account or any security entitlements or other financial assets credited thereto (other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts). The Securities Intermediary and the Pledgor will not enter into any other agreement with respect to any Designated Account unless the Collateral Agent shall have received prior written notice thereof. The Securities Intermediary and the Pledgor have not and will not enter into any other agreement with respect to (i) creation or perfection of any security interest in or (ii) control of security entitlements maintained in any of the Designated Accounts or purporting to limit or condition the obligation of the Securities Intermediary to comply with entitlement orders with respect to any Account Property held in or credited to any Designated Account as set forth in Section 3 hereof without the prior written consent of the Collateral Agent acting in its sole discretion. In the event of any conflict with respect to control over any Designated Account between this Control Agreement (or any portion hereof) and any other agreement now existing or hereafter entered into, the terms of this Control Agreement shall prevail. No amendment or modification of this Control Agreement or waiver of any rights hereunder shall be binding on any party hereto unless it is in writing and is signed by all the parties hereto.

  • Interpretation and Amendments The Board and the Committee (to the extent delegated by the Board) have plenary authority to interpret this Agreement and the Plan, to prescribe, amend and rescind rules relating thereto and to make all other determinations in connection with the administration of the Plan. The Board or the Committee may from time to time modify or amend this Agreement in accordance with the provisions of the Plan, provided that no such amendment shall adversely affect the rights of the Participant under this Agreement without his or her consent.

  • Inconsistencies with Other Documents In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control; provided that any provision of the Security Documents which imposes additional burdens on the Borrower or any of its Subsidiaries or further restricts the rights of the Borrower or any of its Subsidiaries or gives the Administrative Agent or Lenders additional rights shall not be deemed to be in conflict or inconsistent with this Agreement and shall be given full force and effect.

  • Interpretation of This Agreement All decisions and interpretations made by the Committee with regard to any question arising hereunder or under the Plan shall be binding and conclusive upon the Company and the Recipient. If there is any inconsistency between the provisions of this Agreement and the Plan, the provisions of the Plan shall govern.

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