MNWD Continued Liability Related to MNWD Assigned Capacity Sample Clauses

MNWD Continued Liability Related to MNWD Assigned Capacity. MNWD shall remain liable for all liabilities arising out of MNWD’s use of MNWD Assigned Capacity and MNWD’s use of PC21/24 facilities, programs, and services. MNWD shall remain liable for its continued use of PC 21/24 facilities utilizing ETWD’s capacity rights in the same manner, and to the same extent, that MNWD would have been liable for use of PC 21/24 facilities had MNWD not withdrawn from SOCWA. Any costs or liability arising out of, or otherwise incurred, to the extent arising from MNWD’s discharges or MNWD use, operation, maintenance or repair of any facilities within the purview of PC 21/24, shall continue to be the responsibility of MNWD and not the other Parties to this Agreement, and MNWD shall hold the other Parties to this Agreement harmless in proportion to additional costs and liabilities attributable to MNWD’s ongoing operations that utilize PC 21/24 facilities.
Sample 1
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Related to MNWD Continued Liability Related to MNWD Assigned Capacity

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • 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.

  • 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

  • Definitions For purposes of this Agreement:

  • 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.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • NOW, THEREFORE the parties hereto agree as follows:

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

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