MODIFICATIONS OF THE DIVERSIONS Sample Clauses

MODIFICATIONS OF THE DIVERSIONS. Throughout this Agreement, all references to days are to calendar days. All plans for the modification of any diversion shall be subject to review and approval by the Commission or its staff prior to any modification taking place. When plans are submitted to the Commission, a copy will be provided to each other party to this agreement. KIUC will modify all diversions in the Kokee Ditch necessary to ensure the stream flow provided for in this agreement, ,as follows: KIUC will file with the Commission and any other pertinent regulatory agency its modification plans within one hundred thirty-five (135) days ofthe approval ofthis agreement by the Commission. Work on the modifications will begin within forty­ five (45) days of approyal of the modification plans or any other approval required by the modification proposal, whichever comes last. IfKIUC.does not receive (1) the understandings from ADC set forth in Section C by April 30, 2017, and/or (2) the understandings from DHHL set forth in Section C within ninety (90) days ofthe Commission's approval of this agreement, KIUC shall have the option to withdraw from its responsibilities and obligations under this agreement. IfKIUC opts to withdraw, it will notify the Commission and all the parties to this agreement. IfKIUC does not exercise its option to withdraw within one-hundred (100) days after the approval of this agreement by the Commission, KIUC shall proceed with the modification plans in accordance with the paragraph immediately above. ADC (either itselfor through its licensee KAA) will modify all other diversions relating to the Kekaha Ditch system and specifically those associated with the Koaie and Waiahulu streams and the Waimea diversion necessary to ensure the stream flow provided for in this agreement, as follows: ADC (either itself or through its licensee KAA) will file with the Commission and any other pertinent regulatory agency its modification plans within forty-five (45) days ofthe approval ofthis agreement by the Commission. Work on the modifications will begin within forty-five (45) days of approval of the modification plans or any other approval required by the modification proposal, whichever comes last. All modifications will be done in a manner that provides for water flowing over it, provides for a wetted path upstream and downstream such that adult forms can migrate upstream and larval forms can migrate downstream, and minimizes entrainment of native species to the maximum extent prac...
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Related to MODIFICATIONS OF THE DIVERSIONS

  • Modifications of Agreement This Agreement may be modified in writing only, signed by the parties in interest at the time of the modification.

  • Modifications and Amendments The terms and provisions of this Agreement may be modified or amended only by written agreement executed by all parties hereto.

  • Obligations of the data exporter The data exporter agrees and warrants:

  • Modifications and Rectifications to Coverage 1. A Party may make rectifications of a purely formal nature to its coverage under this Chapter, or minor amendments to its Schedules in Annex XVI, provided that it notifies the other Parties in writing and no Party objects in writing within 45 days from the receipt of the notification. A Party that makes such a rectification or minor amendment need not provide compensatory adjustments to the other Parties.

  • Modifications and Add-ons Subject to the licensing of the required development rights under separate agreement, Provider shall be entitled to develop Modifications and Add-ons for the Software and shall be permitted to Use Modifications and Add- Ons with the Software in accordance with the license grant to the Software set forth in Section 3.1 herein. Provider shall promptly notify SAP if and when Provider is planning to develop Modifications or Add-ons to the Software. The notification provided by Provider shall include a high level description of the intended functionality and of the timeframe planned for such development. In addition, any Modifications or Add-ons must not i) unreasonably impair, degrade or reduce the performance or security of the Software; ii) enable the bypassing or circumventing of SAP license restrictions and/or provide users with access to the Software to which such users are not directly licensed; and/or iii) permit mass data or metadata extraction from an SAP software to a non-SAP software for the purpose of replacing the Software as the data’s system of record. With regards to the aforementioned item iii), Provider shall refer any Customer requiring such information to SAP.

  • Alterations and Amendments This Agreement, applicable fees and service charges may be altered or amended from time-to-time. In such event, we will provide notice to you. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.

  • Modifications/Add-ons 6.3.1 Licensee shall comply with SAP’s registration procedure prior to making Modifications or Add-ons. All Modifications and all rights associated therewith shall be the exclusive property of SAP, SAP Parent or its or their licensors. All Add-ons developed by SAP (either independently or jointly with Licensee) and all rights associated therewith shall be the exclusive property of SAP, SAP Parent or its or their licensors. Licensee agrees to execute those documents reasonably necessary to secure SAP’s rights in the foregoing Modifications and Add-ons. All Add-ons developed by or on behalf of Licensee without SAP’s participation (“Licensee Add-on”), and all rights associated therewith, shall be the exclusive property of Licensee subject to SAP’s rights in and to the Software and SAP Materials; provided, Licensee shall not commercialize, market, distribute, license, sublicense, transfer, assign or otherwise alienate any such Licensee Add-ons. SAP retains the right to independently develop its own Modifications or Add-ons to the Software, and Licensee agrees not to take any action that would limit SAP’s sale, assignment, licensing or use of its own Software or Modifications or Add-ons thereto.

  • Conditions of Use CLIENT acknowledges that its use of the Site is subject to and conditioned upon the following terms and agrees that TAILGATE GUYS may exercise any of the remedies set forth herein for CLIENTS failure to comply:

  • INTEGRATIONS & MODIFICATIONS This Agreement constitutes the whole agreement between the parties. Except as identified in this Agreement, there are no other prior written agreements and no prior or contemporaneous oral agreements that are a part of this Agreement. No modification to this Agreement shall be valid, unless in writing and executed by both parties.

  • Obligations of the Data Processor 7.1 The Data Processor undertakes to fulfil the following obligations:

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