Common use of MODIFICATION OR TERMINATION OF AGREEMENT Clause in Contracts

MODIFICATION OR TERMINATION OF AGREEMENT. 15.01 Except, where otherwise specifically provided in this Agreement and only to the extent so provided, all previous communications between the parties to this Agreement, either oral or written, with reference to the subject matter of this Agreement, are hereby abrogated and this Agreement shall constitute the sole and complete agreement of the parties hereto in respect of the matters herein set forth. 15.02 At any time during the currency of this Agreement, the Customer may terminate it by giving to Hydro two years previous notice in writing of its intention so to do. 15.03 Any amendment, change or modification of this Agreement shall be binding upon the parties hereto or either of them only if such amendment, change or modification is in writing and is executed by each of the parties to this Agreement by its duly authorized officers or agents and in accordance with its regulations or by-laws. 15.04 Subject to Article 10, if the Customer voluntarily or forcibly abandons its operations, commits an act of bankruptcy or liquidates its assets, then, there shall, forthwith, become due and payable to Hydro by the Customer, as stipulated and liquidated damages without burden or proof thereof, a lump sum equal to: (a) 0.85 of its then current Billing Demand for Firm Power, at the Firm Power Demand rate, multiplied by 24; plus (b) the remaining net book value of Specifically Assigned Plant, less its salvage value.

Appears in 3 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

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MODIFICATION OR TERMINATION OF AGREEMENT. 15.01 Except, where otherwise specifically provided in this Agreement and only to the extent so provided, all previous communications between the parties to this Agreement, either oral or written, with reference to the subject matter of this Agreement, are hereby abrogated and this Agreement shall constitute the sole and complete agreement of the parties hereto in respect of the matters herein set forth. 15.02 At any time during the currency of this Agreement, the Customer may terminate it by giving to Hydro two years previous notice in writing of its intention so to do. 15.03 Any amendment, change or modification of this Agreement shall be binding upon the parties hereto or either of them only if such amendment, change or modification is in writing and is executed by each of the parties to this Agreement by its duly authorized officers or agents and in accordance with its regulations or by-laws. 15.04 Subject to Article 10, if the Customer voluntarily or forcibly abandons its operations, commits an act of bankruptcy or liquidates its assets, then, there shall, forthwith, become due and payable to Hydro by the Customer, as stipulated and liquidated damages without burden or proof thereof, a lump sum equal to: (a) 0.85 of its then current Billing Demand for Firm Power, at the Firm Power Demand ratecharge, multiplied by 24; 24 plus (b) the remaining net book value of the Specifically Assigned Plant, Plant less its salvage value. 15.05 Nothing contained in this Agreement shall abrogate, amend, change or modify any provision of the agreement between the Customer and Hydro dated November 30, 1993 relating to curtailable power otherwise called “Interruptible B Power”.

Appears in 1 contract

Samples: Service Agreement

MODIFICATION OR TERMINATION OF AGREEMENT. 15.01 17.01 Except, where otherwise specifically provided in this Agreement and only to the extent so provided, all previous communications between the parties to this Agreement, either oral or written, with reference to the subject matter of this Agreement, are hereby abrogated and this Agreement shall constitute the sole and complete agreement of the parties hereto in respect of the matters herein set forth. 15.02 17.02 At any time during the currency of this Agreement, the Customer may terminate it by giving to Hydro two years previous notice in writing of its intention so to do. 15.03 17.03 Any amendment, change or modification of this Agreement shall be binding upon the parties hereto or either of them only if such amendment, change or modification is in writing and is executed by each of the parties to this Agreement by its duly authorized officers or agents and in accordance with its regulations or by-laws. 15.04 17.04 Subject to Article 1011, if the Customer voluntarily or forcibly abandons its operations, commits an act of bankruptcy or liquidates its assets, then, there shall, forthwith, become due and payable to Hydro by the Customer, as stipulated and liquidated damages without burden or proof thereof, a lump sum equal to: : Hydro - Kami Service Agreement (a) 0.85 of its then current Billing Demand for Firm Power, at the Firm Power Demand ratecharge, multiplied by 24; plus (b) the remaining net book value of Specifically Assigned Plant, less its salvage value.

Appears in 1 contract

Samples: Service Agreement (Alderon Iron Ore Corp.)

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MODIFICATION OR TERMINATION OF AGREEMENT. 15.01 Except, where otherwise specifically provided in this Agreement and only to the extent so provided, all previous communications between the parties to this Agreement, either oral or written, with reference to the subject matter of this Agreement, are hereby abrogated and this Agreement shall constitute the sole and complete agreement of the parties hereto in respect of the matters herein set forth. 15.02 At any time during the currency of this Agreement, the Customer may terminate it by giving to Hydro two years previous notice in writing of its intention so to do. 15.03 Any amendment, change or modification of this Agreement shall be binding upon the parties hereto or either of them only if such amendment, change or modification is in writing and is executed by each of the parties to this Agreement by its duly authorized officers or agents and in accordance with its regulations or by-laws. 15.04 Subject to Article 10, if the Customer voluntarily or forcibly abandons its operations, commits an act of bankruptcy or liquidates its assets, then, there shall, forthwith, become due and payable to Hydro by the Customer, as stipulated and liquidated damages without burden or proof thereof, a lump sum equal to: (a) 0.85 of its then current Billing Demand for Firm Power, at the Firm Power Demand ratecharge, multiplied by 24; 24 plus (b) the remaining net book value of the Specifically Assigned Plant, Plant less its salvage value.

Appears in 1 contract

Samples: Service Agreement

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