MODIFICATIONS OR ADDITIONS Clause Samples

MODIFICATIONS OR ADDITIONS. If a modification or expansion to the portions of the MHVDC Transmission Line that connect with the Transmission System may be reasonably expected to affect another Party’s facilities and Transmission Provider determines that such modifications are subject to the Transmission Provider Tariff, then MHVDC Connection Customer will initiate all applicable study processes under the Transmission Provider Tariff and undertake the development and installation of all upgrades and other modifications identified in such studies as a condition of obtaining MHVDC Transmission Connection Service for the modified or expanded MHVDC Transmission Line.

MODIFICATIONS OR ADDITIONS. ‌ Section 5.1 shall not apply, and the consent of the Court shall not be required, in relation to minor and/or technical amendments to the terms of the Scheme of Transfer (including amendments to correct manifest errors) that are agreed in writing by the Transferee and the Transferor provided that the BMA has been notified of the same and has confirmed it does not object thereto. This Scheme of Transfer does not supersede or replace the Portfolio Transfer Agreement, the terms and conditions of which (as the same may be amended or modified between the parties thereto) remain in full force and effect.

MODIFICATIONS OR ADDITIONS. The Transferor and the Transferee may consent to any amendment, modification or addition to this scheme or to any further condition or provision affecting the scheme which the Court may approve prior to the sanction of this Scheme of Transfer. Section 17.1 shall not apply, and the consent of the Court shall not be required, in relation to minor and/or technical amendments to the terms of the Scheme of Transfer (including amendments to correct manifest errors) that are agreed in writing by the Transferee and the Transferor provided that the BMA has been notified of the same and has confirmed it does not object thereto.

MODIFICATIONS OR ADDITIONS. If the Plant needs modifications or additions that are necessary or desirable that could materially impact the Control Building, Reclaimed Supply Lines or any other portion of the Renewable Energy System, including Maintenance, the City will provide written notice to the University of such modifications/additions and the Parties shall meet, upon request by a Party, to discuss the modification or additions and/or potential mitigation or modification measures to the Control Building, Reclaimed Supply Lines or any portion of the Renewable Energy System. Any terms for the design and construction of, and payment for, modifications and additions to the Plant that will impact the Control Building, Reclaimed Supply Lines or the operation of the Renewable Energy System, shall be the responsibilities of the City. The City shall have exclusive rights to modify, maintain and operate the Plant as it deems appropriate for its primary intended purpose. The City will endeavor to minimize interruptions in effluent flow to the Renewable Energy System, but shall not be responsible for any consequential damages as a result of such modification, maintenance or operations, provided it used reasonable efforts to avoid interruptions in supply of Reclaimed Water.

MODIFICATIONS OR ADDITIONS. 13.1 The Transferee and the Transferor may consent for and on behalf of themselves and all other persons concerned (other than the PRA or FCA) to any modification of or addition to this Scheme or to any further condition or provision affecting the same which, in each case prior to the sanction of this Scheme, the Court may approve or impose. 13.2 At any time after the sanction of this Scheme, the Transferee and the Transferor shall each be at liberty to apply to the Court for consent to amend its terms (such Court approval not being necessary in the event of immaterial amendments or in the event of manifest error, provided any such amendment is agreed in writing between the Transferor and Transferee), provided that in any such case: 13.2.1 the Transferor or the Transferee (as appropriate) shall be given reasonable notice of any proposed amendment in advance of any such application to the Court, subject to clause 13.4; 13.2.2 the Transferor or the Transferee (as appropriate) shall have the right to be heard at any hearing of the Court at which such application is considered; 13.2.3 the FCA and PRA shall be given reasonable notice of, and have the right to be heard at, any hearing of the Court at which such application is considered and they shall have a reasonable period prior to the hearing to consider the proposed amendment; and 13.2.4 such application shall be accompanied by a certificate from an independent actuary to the effect that, in his or her opinion, the proposed amendment will not materially adversely affect the policyholders of the Transferor or Transferee. The independent actuary's opinion shall be based on the latest available audited accounts and unaudited management accounts of the Transferor and Transferee, and each of the Transferor and Transferee shall furnish the independent actuary with their latest available audited accounts and unaudited management accounts for this purpose. If such consent is granted by the Court, the Transferor or the Transferee may amend the terms of this Scheme in accordance with such consent. 13.3 In the event that the Transferor ceases to exist, the requirement to provide notice pursuant to clause 13.2.1 shall be satisfied by providing notice to the holding company of the Transferor or such other entity as the Transferor may notify to the Transferee after the date of this Scheme. 13.4 The Transferor and the Transferee may without further consent or sanction of the Court make minor and/ or technical amendments t...