Lake Storage Sample Clauses

Lake Storage. Except as provided in sub-paragraph 6(c) of this Agreement, EMD is hereby leased use of the Lake and Denver’s decreed “Lake Storage Rights,” which are defined as Reservoir Domestic Priority No. 10 dating from December 31, 1915 in Water District No. 9, as adjudicated by the District Court in and for the City and County of Denver on September 24, 1935. The Lake and Lake Storage Rights are to be used for water storage purposes without any adverse claim by either Party against the other Party’s property or water rights, in order for EMD to utilize the Lake for storage of water up to the maximum allowable amounts decreed by the Water Court. EMD shall have the right to store and use water from the Lake and any water rights that EMD has transferred or exchanged to the Lake for EMD’s water supply, treatment and distribution system, as it so determines. Such use shall not interfere with Denver’s storage or other water rights, or with Denver’s recreational, municipal and park uses of the Lake. EMD shall use its best efforts to maintain a minimum Lake storage levels at 7,069 feet elevation above mean sea level to support recreation, municipal and other authorized uses of the Lake surface by exercise of the Lake Storage Rights in conjunction with EMD’s water rights as decreed for storage and municipal uses in the Lake. Each Party acknowledges that Lake surface levels may fluctuate below the 7,069 feet elevation mark at times due to drought conditions or administration of water rights by State water administrators. EMD shall not convey, lease, sublease, assign, pledge, lien or encumber the Lake or the Lake Storage Rights.
Sample 1
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Related to Lake Storage

  • General The Trustee shall keep proper books of record and account of all the transactions of each Trust under this Indenture at its corporate trust office, including a record of the name and address of, and the Units issued by each Trust and held by, every Unit holder, and such books and records of each Trust shall be open to inspection by any Unit holder of such Trust at all reasonable times during the usual business hours. The Trustee shall make such annual or other reports as may from time to time be required under any applicable state or federal statute or rule or regulations thereunder.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • NOW, THEREFORE the parties hereto agree as follows:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

  • Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).

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