Modifications to Facilities. Section 14.1 If improvements, alterations, or additions to the Facilities are required to meet the needs of Probex's business during the Term of this Agreement, Probex and PQS shall negotiate in good faith in an attempt to agree to make such alterations, additions, and modifications in a safe, expeditious, and cost efficient manner and in accordance with all local, state and federal requirements. The expense of such alterations, additions, and modifications shall be borne by Probex, using funds provided by Probex.
Section 14.2 If as a result of governmental rules, regulations, or orders it becomes necessary to make improvements, alterations, or additions to the Facilities during the Term of this Agreement in order for the Facilities to continue to function in support of Probex's business, PQS shall cooperate with Probex to make such alterations, additions, and modifications. To the extent such alterations, additions, or modifications are to the sole benefit of Probex, the expense of such alterations, additions, or modifications shall be borne by Probex. If the required alterations, additions, or modifications are of benefit to both Parties, then the expenses shall be borne proportionately by the Parties to the use.
Section 14.3 If the cost to PQS of providing the Services to support Probex's business should increase or decrease as a result of Section 14.1 or 14.2, PQS shall have the right, at PQS's sole discretion, to increase the fee referred to in Article IV by the amount of the increase and the obligation to decrease the fee by the amount of the actual decrease. The increase in fee will be limited to actual costs incurred by PQS.
Section 14.4 Notwithstanding anything to the contrary contained in Sections 14.1, 14.2 and 14.3 of this Agreement, Probex shall have no obligations to pay or reimburse PQS for any alteration, addition, or modification referenced in Sections 14.1, 14.2 and 14.3 to the extent such alteration, addition or modification is covered by PQS' indemnity to Probex under Section 9.2(a) of the Asset Purchase Agreement or Section 13.2.1 of this Agreement.
Section 14.5 Upon permanent removal of any of the Facilities from service by or on behalf of Probex, or the vacation of the Location by Probex, Probex will be solely responsible for (i) removal of tanks, piping, containment walls, concrete, pumps, and pump sheds, (ii) loading of tanks and related equipment on trucks, (iii) salvage of reusable parts, and (iv) removal of related construction ...
Modifications to Facilities. Except in the ordinary course of business, to provide or maintain reliable electric service or in accordance with the GPU Capital Budget, GPU shall not, nor shall GPU permit any of its Subsidiaries to, enter into any binding commitment to make any modification to any of its or its Subsidiaries' existing facilities that would require any material investment or expenditure material to GPU or, in the case of investment or expenditure by JCP&L, MetEd or Penelec, to the affected Subsidiary. GPU shall consult with FirstEnergy with respect to any binding commitment permitted by the previous sentence which will, or is reasonably likely to, continue for a period of twelve months or more.
Modifications to Facilities. Either Party may undertake modifications to its respective the Company Facilities or the Customer Facilities identified in Appendix A and its sub-appendices, and in Appendix B, respectively and as applicable, which such modifications will be designed, constructed, and operated in accordance with Applicable Law, Good Utility Practice, and this Interconnection Agreement; provided, however, if: ( 1) Customer proposes (A) to make any change or modification to the configuration or operation of the Customer Facilities that may affect the Company System, including the Company Facilities, (B) to add a new Point(s) of Interconnection, or (C) to eliminate a Point(s) of Interconnection (except when this Interconnection Agreement is terminated); or (2) Company proposes to make any change or modification to the configuration or operation of the Company Facilities that may affect the Customer Facilities, then (x) the Party proposing the change will provide sufficient notice and information regarding such modification so that the other Party may evaluate the potential impact of such modification prior to the commencement of any work, and (y) the Parties will negotiate in good faith an amendment to this Interconnection Agreement as may be necessary to Highly Confidential Trade Secret Data has been marked in black Trade Secret Data has been marked in xxxx Docket No. E002/M-19-___ Petition - Attachment J PUBLIC DOCUMENT—NOT PUBLIC DATA HAS BEEN EXCISED DocuSign Envelope ID: CC6BCB47-FCBS-4972-A715-C8AA31CF45B4 EXECUTION VERSION address the proposed change. In furtherance and not in limitation of the foregoing, Company will adhere to the NERC standard known as TPL-004.
Modifications to Facilities. Seller shall provide nine (9) months advance notice in writing to Buyer of any relocation or modification of any facilities associated with the Facilities in order to accommodate other generating units at the Facilities, or to make any other use of such facilities. In no event shall such relocation, modifications, or changes in use result in any increase in costs to Buyer under this Agreement. Seller shall consult with Buyer concerning any outages of Facilities used by Buyer which may result from such relocation, modifications, and changes, and Seller shall consider the effect upon Buyer when such outages are scheduled.
Modifications to Facilities. Either Party may undertake modifications to its respective facilities which shall be designed, constructed and operated in accordance with this Interconnection Agreement and Good Utility Practice; provided however, if either Party proposes to make any change or modification to the configuration or operation of its facilities which may impact the facilities or system of the other, the Party proposing the change shall provide sufficient notice and information regarding such modification so that the other Party may evaluate the potential impact of such modification prior to the commencement of any work, and the Parties shall negotiate, in good faith, an amendment to this Interconnection Agreement as may be necessary to address the proposed change.
Modifications to Facilities. Either Party may undertake modifications to its respective facilities which shall be designed, constructed and operated in accordance with this Interconnection Agreement and Good Utility Practice; provided however, if either Party proposes to make any change or modification to the configuration or operation of its facilities which may impact the facilities or system of the other, the Party proposing the change shall provide sufficient notice and information regarding such modification so that the other Party may evaluate the potential impact of such modification prior to the commencement of any work, and the Parties shall negotiate, in good faith, an amendment to this Interconnection Agreement as may be necessary to address the proposed change.
(a) Information provided under this Agreement may be designated by a Party to be Confidential Information hereunder, including, but not be limited to, information concerning the timing of such modification and how such modifications are expected to impact the other Party’s system. Unless a shorter period of time is appropriate for a Party to respond to an Emergency, or comply with Reliability Standards or Applicable Law, the Party desiring to perform such work shall provide the relevant drawings, plans and specifications to the other Party at least ninety (90) days in advance of the commencement of the work or such shorter period upon which the Parties may agree, which agreement shall not unreasonably be withheld, conditioned or delayed.
(b) In the event the Parties are unable to agree to appropriate amendments or modifications to this Interconnection Agreement pursuant to Section 21, PSCo will unilaterally file, on a timely basis, with FERC an amendment to this Interconnection Agreement.
(c) To the extent a Party modifies its facilities that Party shall be responsible for the costs of any additions, modifications or replacements that may be necessary to maintain or upgrade its facilities consistent with Applicable Law, rules and regulations, the Tariff, Good Utility Practice, and the Interconnection Guidelines. Each Party shall own any modifications to its facilities.
Modifications to Facilities. 43 Section 5.18 Accounting ........................................................ 43 Section 5.19 Tax-Free Status ................................................... 43 Section 5.20 Affiliate Transactions ............................................ 43 Section 5.21
Modifications to Facilities. At the Lead Agency's request, the Facility Owner shall make reasonable and necessary modifications to any existing Facilities or the Building Entrance to facilitate building access for the Project. Any requests by the Lead Agency for such modifications shall be made to the Facility Owner and/or Manager. Costs for such modifications shall be paid as allocated in the Project Agreement. The design and construction of any required modifications to any Facility or Building Entrance shall be subject to the review and approval by the Facility Owner and Participating Agencies. Any unauthorized modifications must be corrected at the expense of the Lead Agency.
Modifications to Facilities. (a) Subject to the prior written approval of the Commissioner, Licensee may, from time to time, install equipment and improvements and modify or expand existing facilities or improvements in the Facilities to which it has been granted exclusive use if any. Before entering into any contract for such work, Licensee shall first submit to the Commissioner for prior written approval a construction application together with complete plans and specifications of the proposed work. If requested by the Commissioner, Licensee shall require the contractor to furnish a performance bond and payment bond, approved as to form and substance by the Commissioner. The approval of the construction application and plans and specifications shall not be unreasonably withheld. Licensee shall reimburse the Commissioner for the cost of any professional services needed in connection with the review of the construction plan, promptly upon demand thereof.
(b) Licensee shall, and shall cause its contractor(s) to, indemnify, hold harmless, and defend City, its officers, agents, and employees against losses (except to the extent such losses are caused by City's negligence), occasioned by death, injury to persons or damage to property, arising out of or in connection with the performance of construction work, against the risk of loss or damage to the construction prior to the completion thereof, and against losses resulting from claims and demands by third persons arising out of the performance of the construction work. Licensee shall provide, or shall require its contractor(s) to provide, liability insurance covering the foregoing, and naming the City as an additional insured. Licensee shall also include in any construction contract such provisions as may reasonably be required by the Commissioner relating to the operation of the contractor at the Airport.
(c) All work performed by Licensee or its contractor(s), including all workmanship and materials, shall be of acceptable quality and shall be performed in accordance with the plans and specifications approved by the Commissioner. Such work may be inspected by the Commissioner, or the authorized representative of the Commissioner, at any time. Licensee shall reimburse the Commissioner for the reasonable costs of such inspection, promptly upon demand therefor.
(d) Licensee shall deliver to the Commissioner "as built" drawings of the work performed by it and shall keep such drawings current, showing any changes or modifications made in or ...
Modifications to Facilities. (a) PSCo and City of Glenwood Springs may undertake modifications to their respective facilities which shall be designed, constructed and operated in accordance with this Agreement and Good Utility Practice; provided however, if (1) City of Glenwood Springs proposes (i) to make any change or modification to the configuration or operation of City of Glenwood Springs’ Facilities which may impact PSCo’s Electric System, or
