Material Change in Law. If any regulatory requirement has the effect of canceling, changing or superseding any material term or provision of this agreement, then this agreement will be deemed modified in such a way as the parties mutually agree is consistent with the intent and purpose of this agreement and is necessary to comply with the regulatory requirement effective as of the date of notice by providing written notice to the other party.
Material Change in Law. A Change in Law that to the Solid Waste industry 332 (including, for the avoidance of doubt and without limitation, changes to the California 333 Integrated Waste Management Act (CIWMA), changes to CalRecycle regulations, or 334 changes to other Applicable Laws relating specifically to any aspect of “Solid Waste 335 handling,” “Solid Waste disposal” or “Solid Waste facilities,” as such terms are defined by 336 CalRecycle).
Material Change in Law. In the event that, after the Effective Date, there is a material change in law, rule or regulation (including, but not limited to, reimbursement levels under any governmental program) which results in this Agreement or the parties’ performance of their obligations hereunder being in violation of applicable law, or which would result in the parties’ continued performance hereunder having a material adverse effect on either party, the parties shall negotiate in good faith with one another to amend this Agreement so as to eliminate such result or adverse effect.
Material Change in Law. A Change in Law that (a) results in a documented increase in CONTRACTOR’s costs of providing services under this Agreement and (b) relates specifically to any aspect of the solid waste industry (including, for the avoidance of doubt and without limitation, changes to AB 939, changes to CalRecycle regulations, or changes to other applicable laws relating specifically to any aspect of “solid waste handling,” “solid waste disposal” or “solid waste facilities,” as such terms are defined in AB 939).
Material Change in Law. In the event that, after the date of this Agreement, there is a material change in law which results in this Agreement or the parties' performance of their obligations hereunder being in violation of applicable law, the parties shall negotiate in good faith with one another to amend this Agreement so as to promptly eliminate such violation, provided that such amendment shall give the fullest possible effect to the intent of the parties as expressed herein. If the parties are unable to agree upon such amendment, either party may submit the matter to binding arbitration before a single arbitrator in Chicago, Illinois in accordance with the American Health Lawyers Association Alternative Dispute Resolution Service Rules of Procedure for Arbitration, and judgment upon the award of the arbitrator may be entered in any court having jurisdiction. The arbitrator shall make a determination as to whether it is more likely than not that a material change in law after the date of this Agreement has resulted in this Agreement or the parties' performance of their obligations hereunder being in violation of applicable law, and, if the arbitrator determines that it has, such arbitrator shall either (i) draft and require the parties to enter into an amendment to this Agreement which eliminates the violation of law and conforms as closely as possible to the original terms of this Agreement, or (ii) if the arbitrator determines that no such amendment is feasible, order the termination of this Agreement. Until the earlier of (i) the date any such dispute is resolved through mutual agreement or binding arbitration or (ii) six (6) months after any such arbitration is commenced, each party shall continue to observe all other terms of this Agreement and shall cause each of its Affiliates to continue to perform such Affiliate's obligations under all Standard Facility Pharmacy Services Contracts. 8.
Material Change in Law. In the event that, after the date of this Agreement, there is a material change in law which results in this Agreement or the parties' performance of their obligations hereunder being in violation of applicable law, the parties shall negotiate in good faith with one another to amend this Agreement so as to eliminate such violation, provided, that such amendment shall conform as closely as possible to the original terms of this Agreement. If the parties are unable to agree upon either: (a) whether there has been a material change in law which results in this Agreement or the parties' performance of their obligations hereunder being in violation of applicable law; or (b) the terms or form of such amendment, then either party may submit the matter to binding arbitration before a single arbitrator in Denver, Colorado in accordance with the rules and regulations of the American Arbitration Association then in effect, and judgment upon the award of the arbitrator may be entered in any court having jurisdiction. If the arbitrator determines that it is more likely than not that a material change in law after the date of this Agreement has resulted in this Agreement or the parties' performance of their obligations hereunder is in violation of applicable law, such arbitrator shall either: (a) draft and require the parties to enter into an amendment to this Agreement which eliminates the violation of law and conforms as closely as possible to the original terms of this Agreement; or (b) if the arbitrator determines that no such amendment is feasible, order the termination of this Agreement. Until any such matter is resolved through mutual agreement or binding arbitration, each party shall continue to observe all other terms of this Agreement. This Section 8.18 shall not be construed to require that the parties arbitrate any matter under this Agreement other than as expressly described in this Section 8.18.
Material Change in Law. Either Party may give written notice to the other in the event of a Material Change in Law as defined in Section 1.1. Within sixty (60) days of the issuance of a notice under this Section, the Parties shall meet to agree on a reasonable adjustment of the Contract. If the Parties are unable to agree on the applicable adjustments within the sixty (60) day period, the matter shall be referred to the Independent Auditor.
Material Change in Law. To the extent that any Governmental/Regulatory Action implemented on or after the Effective Date materially increases or decreases (i) with respect to Seller, projected revenues or expenses with respect to Seller’s ability to provide Full Requirements Load Following Supply in accordance with this Agreement, as determined by Seller in its reasonable discretion; or (ii) with respect to Buyer, projected revenues or expenses with respect to Buyer’s ability to purchase or receive Full Requirements Load Following Supply, as determined by Buyer in its reasonable discretion, the Parties shall enter into good faith negotiations to amend the terms of this Agreement to reflect, as closely as possible, the intent and substance of the economic bargain reached by the Parties prior to such Governmental/Regulatory Action.
Material Change in Law. In the event of a Material Change in Law, the Parties shall, to the extent necessary and possible, reform this Lease to ensure compliance and conformity with such Material Change in Law and to restore or retain the Parties' original benefits and burdens under this Lease. For purposes of this Lease, a "Material Change in Law" shall mean: (a) the adoption, promulgation, change, repeal or modification after the Effective Date of any laws, codes, regulations, statutes or orders, (b) an interpretation or application by a governmental authority of a law which had not been made, or which if made, was different than a prior interpretation of or application by such governmental authority or another governmental authority, or (c) the imposition of any material condition in connection with the issuance, renewal, extension, replacement or modification of any permits after the Effective Date that in the case of (a), (b) or (c): (i) establishes requirements for the construction, financing, ownership, operation or maintenance of the Leased Premises that are materially more restrictive than the most restrictive requirements in effect as of the Effective Date, and (ii) has a material and adverse effect on the Lessee's quiet enjoyment of the Leased Premises.
Material Change in Law. In the event of material changes in federal or state laws, rules or regulations and/or private health care delivery or reimbursement rules which affect either DHMF’s or the Company’s obligations under this Agreement in a way not reasonably foreseen at the time this Agreement was executed, both DHMF and the Company agree to negotiate in good‐faith in an attempt to revise or modify this Agreement in order to ensure full compliance with all such future federal and state laws and/or private health care delivery or reimbursement rules.
