LANDFARM ENVIRONMENTAL REGULATIONS Sample Clauses

LANDFARM ENVIRONMENTAL REGULATIONS. Notwithstanding anything to the contrary contained herein, if during the term of this Agreement there is a substantial change in regulatory requirements related to the waste disposal business having general applicability to the handling, treatment or disposal of NOW, which change increases in a material manner USL's costs to operate any Landfarm, (i) USL shall notify NESI of the cause and the per barrel amount of the cost increase and, to the extent that NESI chooses to deliver NOW to USL, (ii) USL will invoice NESI for NESI's proportionate share of the cost increase and NESI will be obligated to pay such amount so long as such cost increase remains in effect. NESI's proportionate share shall be calculated as follows: (a) if such change in regulatory requirements increases costs to operate the Bateman Island Landfarm, then NESI's proportionate share shall be calxxxxxxx by (i) dividing the number of barrels of NOW delivered to USL by NESI by the Annual Volume plus the total number of barrels in excess of the Annual Volume delivered to USL by NESI and accepted by USL and (ii) multiplying the result by the amount of the cost increase; (b) if such change in regulatory requirements increases costs to operate the Bourg and/or Mermentau Landfarm, then NESI's proportionate share shall be calculated by (i) dividing the number of barrels of NOW delivered to USL by NESI to that Landfarm by the total number of barrels delivered to that Landfarm by any entity and (ii) multiplying the result by the amount of the cost increase at that Landfarm. Failure to pay USL in accordance with the terms of the invoice shall constitute a breach of this Agreement.
Sample 1
AutoNDA by SimpleDocs
LANDFARM ENVIRONMENTAL REGULATIONS. Notwithstanding anything to the contrary contained herein, if during the term of this Agreement there is a substantial change in
Sample 1Sample 2
LANDFARM ENVIRONMENTAL REGULATIONS. Notwithstanding anything to the contrary contained herein, if during the term of this Agreement there is a substantial change in regulatory requirements related to the waste disposal business having general applicability to the handling, treatment or disposal of NOW, which change increases in a material manner Xxxxxxxx Xxxxx' costs to operate the Landfarms, (i) Xxxxxxxx Xxxxx shall notify Disposeco of the cause and the per barrel amount of the cost increase, (ii) Disposeco shall use commercially reasonable efforts to increase its waste disposal prices so as to pass as much of such increased cost as is commercially possible on to its customers and (iii) Disposeco shall pay to Xxxxxxxx Xxxxx 100% of all revenues attributable to such increase in waste disposal prices up to a maximum amount equal to the per barrel cost increase multiplied by the barrels of NOW delivered to the Landfarms for disposal by or on behalf of Disposeco or any of its Affiliates after the effectiveness of such increase. If, after the application of this Section 3.5.2, the difference between the increased costs of Xxxxxxxx Xxxxx resulting from such regulatory change and the amount of the increased revenues received by Xxxxxxxx Xxxxx pursuant to clause (iii) above is large enough to have a material adverse effect on Xxxxxxxx Xxxxx, such change in regulation shall be considered a Force Majeure event.
Sample 1

Related to LANDFARM ENVIRONMENTAL REGULATIONS

  • Environmental Regulations Except to the extent set forth in Schedule 5.14:

  • Governmental Regulations Neither the Borrower nor any Subsidiary of the Borrower is subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the Federal Power Act, as amended, or the Investment Company Act of 1940, as amended, and neither the Borrower nor any Subsidiary of the Borrower is subject to any statute or regulation which prohibits or restricts the incurrence of Indebtedness under the Loan Documents, including, without limitation, statutes or regulations relative to common or contract carriers or to the sale of electricity, gas, steam, water, telephone, telegraph or other public utility services.

  • Governmental Regulations, Etc (a) No part of the proceeds of the Loans will be used, directly or indirectly, for the purpose of purchasing or carrying any “margin stock” in violation of Regulation U. If requested by any Lender or the Administrative Agent, the Borrower will furnish to the Administrative Agent and each Lender a statement to the foregoing effect in conformity with the requirements of FR Form U-1 referred to in said Regulation U. No indebtedness being reduced or retired out of the proceeds of the Loans was or will be incurred for the purpose of purchasing or carrying any margin stock within the meaning and in violation of Regulation U or any “margin security” within the meaning and in violation of Regulation T. “Margin stock” within the meanings of Regulation U does not constitute more than 25% of the value of the consolidated assets of the Borrower and its Subsidiaries. None of the transactions contemplated by this Credit Agreement (including, without limitation, the direct or indirect use of the proceeds of the Loans) will violate or result in a violation of the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, or regulations issued pursuant thereto, or Regulation T, U or X.

  • Governmental Regulation Anything contained in this Agreement to the contrary notwithstanding, no Lender shall be obligated to extend credit to the Borrower in violation of any limitation or prohibition provided by any applicable statute or regulation.

  • Compliance with Environmental Requirements; No Hazardous Materials Except in each case as set forth on Schedule 3.18:

  • Compliance with Environmental Laws; Environmental Reports (a) Comply, and cause all lessees and other persons occupying Real Property owned, operated or leased by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and in accordance with, Environmental Laws; provided that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

  • Compliance with Governmental Regulations Landlord and Tenant shall comply with all rules, regulations and requirements promulgated by national, state or local governmental agencies or utility suppliers concerning the use of utility services, including any rationing, limitation or other control. Tenant shall not be entitled to terminate this Lease nor to any abatement in rent by reason of such compliance.

  • Environmental, Health and Safety Laws There does not exist any violation by the Borrower or any Subsidiary of any applicable federal, state or local law, rule or regulation or order of any government, governmental department, board, agency or other instrumentality relating to environmental, pollution, health or safety matters which will or threatens to impose a material liability on the Borrower or a Subsidiary or which would require a material expenditure by the Borrower or such Subsidiary to cure. Neither the Borrower nor any Subsidiary has received any notice to the effect that any part of its operations or properties is not in material compliance with any such law, rule, regulation or order or notice that it or its property is the subject of any governmental investigation evaluating whether any remedial action is needed to respond to any release of any toxic or hazardous waste or substance into the environment, the consequences of which non-compliance or remedial action could constitute an Adverse Event.

  • Environmental, Health and Safety The Policy Board shall review, approve and monitor environmental and workplace health and safety guidelines, the goal of which is to achieve compliance with current national, state and local laws and regulations regarding environmental and workplace health and safety.

  • Environmental, Health and Safety Matters (a) The Company has complied and is in compliance with all Environmental, Health, and Safety Requirements.

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