NEW OR CHANGED REGULATIONS. 16.1 It is understood by the Parties that Seller is entering into each Transaction in reliance on the laws, rules, regulations, decrees, agreements, concessions and arrangements (hereinafter called “Regulations”) in effect on the date hereof with governments, governmental instrumentalities or public authorities affecting the Coke sold hereunder including, but without limitation to the generality of the foregoing, those relating to the production, acquisition, gathering, manufacturing, transportation, storage, export, trading or delivery thereof, insofar as such regulations affect Seller or Seller’s Supplier.
16.2 In the event that at any time and from time to time any regulations are changed or new regulations become effective, whether by law, decree or regulation or by response to the insistence or request of any governmental or public authority or any person purporting to act therefore, and the material effect of such changed or new regulations (a) is not covered by any other provision hereunder, and (b) has a material adverse economic effect upon Seller that increases Seller’s cost of production of Coke, Seller shall have the option to request negotiation of the prices or other pertinent terms hereunder. Such option may be exercised by Seller at any time after such changed or new regulation is promulgated, by written notice of desire to re-negotiate, such notice to contain the new prices or terms desired by Seller.
16.3 If the Parties do not agree upon new prices or terms satisfactory to both within 30 Days after Seller gives such notice, Seller shall have the right to terminate the affected Transaction at the end of the said 30-day period. Any Coke delivered during such 30-day period shall be sold and purchased at the price and on the terms applying hereunder without any adjustment in respect of the new or changed regulations concerned.
NEW OR CHANGED REGULATIONS. 18.1 It is understood by the Parties that each Party is entering into each Transaction in reliance on the laws, rules, regulations, decrees, agreements, concessions and arrangements (hereinafter called “Regulations”) in effect on the date hereof with governments, governmental instrumentalities or public authorities affecting the Product sold hereunder including, but without limitation to the generality of the foregoing, those relating to the production, acquisition, gathering, manufacturing, transportation, storage, export, trading or delivery thereof, insofar as such Regulations affect either Party or Seller’s supplier.
18.2 In the event that at any time and from time to time any Regulations are changed or new regulations become effective, whether by law, decree or regulation or by response to the insistence or request of any governmental or public authority or any person purporting to act therefore, and the material effect of such changed or new Regulations (a) is not covered by any other provision hereunder; and (b) has a material adverse economic effect upon either Party, such Party shall have the option to request re-negotiation of the prices or other pertinent terms hereunder. Such option may be exercised by either Party at any time after such changed or new Regulation is promulgated, by written notice of desire to re-negotiate, such notice to contain the new prices or terms desired by such Party.
18.3 If the Parties do not agree upon new prices or terms satisfactory to both within 30 Days after either Party gives such notice hereunder, either Party shall have the right to terminate the affected Transaction at the end of the said 30-Day period. Any Product delivered during such 30-Day period shall be sold and purchased at the price and on the terms applying hereunder without any adjustment in respect of the new or changed Regulations concerned.
NEW OR CHANGED REGULATIONS. The parties enter the Agreement in reliance upon the laws, rules, regulations, interpretations, decrees, Agreements, and concessions of, and arrangements (hereafter called “Regulations”) with governments or governmental instrumentalities in effect on the date of the Agreement with respect to or directly or indirectly affecting the ethanol to be delivered, including without limitation, production, gathering, manufacturing, transportation, sale and delivery thereof insofar as said Regulations affect both parties and their customers. In the event that at any time subsequent to the date of the Agreement, any of said Regulations are changed or new Regulations are promulgated whether by law, decree, interpretation or regulation, or by response to the insistence or request of any governmental authority or person purporting to act therefore, and the effect of such changed or new Regulation (a) is or will not be covered by any other provisions of the Agreement, or (b) has or will have an adverse economic effect upon the parties to this Agreement or the suppliers or customers of said parties, the parties shall have the option to request renegotiation of the prices and other pertinent terms provided for in the Agreement and their respective effective dates. Said option may be exercised by both parties at any time after such changed or new Regulation is promulgated by giving notice of the exercise of its option to renegotiate prior to the time of delivery of ethanol or any part thereof. Such notice shall contain the new prices and terms desired by Agreement of Eco and GFE. If the parties do not agree upon new prices and terms satisfactory to both parties within ten (10) days after such notice is given, both parties shall have the right to terminate the Agreement at the end of said ten (10) day period.
NEW OR CHANGED REGULATIONS. The parties are entering into this Agreement in reliance on the federal, state, county and local laws, statutes, ordinances, codes, regulations, rules, orders, permits and arrangements with governments or governmental instrumentalities (hereinafter called “Regulations”) in effect on the date of execution of this Agreement by ExxonMobil affecting the distribution of Product, provided for under this Agreement insofar as said Regulations affect BFA Holder, ExxonMobil or ExxonMobil’s Affiliates or suppliers. If the effect of any change in any Regulation or of any new Regulation (a) is not covered by any other provision of this Agreement, and (b) in the affected party’s judgment, either (1) has an adverse effect upon the party (or if ExxonMobil, upon ExxonMobil’s Affiliates or suppliers) or (2) increases the risk to the affected party of performance under this Agreement, the affected party may request re-negotiation of the terms of this Agreement. Such right to request re-negotiation or, upon failure to agree, to terminate, shall without limitation also be available to ExxonMobil if Regulations:
(a) Regulate the brand fee provided for in this Agreement; and/or
(b) Affect ExxonMobil’s liability. ExxonMobil has the right, at its discretion, to terminate this Agreement on written notice, effective ninety (90) days after a request for re-negotiation, if the re-negotiation is not satisfactorily completed.
NEW OR CHANGED REGULATIONS. The parties are entering into this Agreement in reliance on the regulations, law and arrangements with governments or governmental instrumentalities (hereinafter called "regulations") in effect on the date of execution by Seller affecting the products (including the raw materials, manufacturing or distribution facilities used therefor) sold hereunder insofar as said "regulations" affect Buyer, Seller or Seller's suppliers. If the effect of any change in any regulation or of any new "regulation" (1) is not covered by any other provision of this Agreement, and (2) in the affected party's judgment, either (a) has an adverse effect upon the party (or if Seller, upon Seller's suppliers) or (b) increases the risk to the party of performance under this Agreement, the affected party may request renegotiation of the terms of this Agreement. The affected party has the right to terminate this Agreement on written notice, effective ninety (90) days after the request for renegotiation, if the renegotiation is not satisfactorily completed. Such right to request renegotiation or, upon failure to agree, to terminate, shall without limitation also be available if "regulations":
(a) Inhibit Seller from freely establishing, by increasing or decreasing, prices of products covered by this Agreement: (b) Prohibit Seller from collecting the price adjustment provided for above under "Price Adjustment"; (c) Regulate the prices or recipients of products covered by this Agreement;or (d) Affect Seller's liability.
NEW OR CHANGED REGULATIONS. The parties enter die Agreement in reliance upon the laws, rules, regulations, interpretations, decrees, agreements, and concessions of, and arrangements (hereafter called "Regulations") with governments or governmental instrumentalities in effect on the date of the Agreement with respect to or directly or indirectly affecting the bio-dicsel to be delivered, including without limitation, production, gathering, manufacturing, transportation, sale and delivery thereof insofar as said Regulations affect Eco and their customers. In the event that at any time subsequent to the date of the Agreement, any of said Regulations are changed or new Regulations are promulgated whether by law, decree, interpretation or regulation, or by response to the insistence or request of any governmental authority or person purporting to act therefore, and the effect of such changed or new Regulation (a) is or will not be covered by any other provisions of the Agreement, or (b) has or will have an adverse economic effect upon the parties to this Agreement or the suppliers or customers of said parties, the parties shall have the option to request renegotiation of the prices and other pertinent terms provided for in the Agreement and their respective effective dates. Said option may be exercised by Eco at any time after such changed or new Regulation is promulgated by giving notice of the exercise of its option to renegotiate prior to the time of delivery of bio-diese) or any part thereof. Such notice shall contain the new prices and terms desired by agreement of Eco and BIOFUEL ADVANCED RESEARCH AND DEVELOPMENT LLC If the parties do not agree upon new prices and terms satisfactory to both parties within ten (10) days after such notice is given. Eco shall have the right to terminate the Agreement at the end of said len (10) day period.
(a) This agreement is the entire understanding of the parties concerning the subject matter hereof, and it may be modified only in writing signed by the parties.
(b) If any provision or provisions of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
(c) No party shall be liable for any failure to perform any or all of the provisions of this agreement if and lo the extent that performance has been delayed or prevented by reason of any cause beyond the reasonable control of such party. The expression "cause beyo...
NEW OR CHANGED REGULATIONS. If during the term of any Contract, new Regulations become effective or any existing Regulations are or their interpretations are changed, or are anticipated to change, and such change will have a material adverse impact upon Seller or upon any transportation or delivery of Marine Fuel sold thereunder, Seller may, by written notice to Buyer, request renegotiation of the Contract terms for deliveries not yet made. In the event that the Parties are unable to agree on new prices or other terms to reflect impact of the changed Regulations, Seller have the right to cancel the Contract, by providing written notice thereof to Buyer. After requesting renegotiation, Seller shall not be obligated to make any deliveries to Buyer pending agreement on such new price or other terms.
NEW OR CHANGED REGULATIONS. Seller enters this Agreement relying upon the laws and regulations in effect on the date the price of Product was offered to Buyer (collectively referred to as “Regulations”). If at any time during the term of this Agreement any Regulations are changed and the change has an adverse economic effect on Seller under this Agreement and such change is not addressed by any other provision of this Agreement, then Seller at its option may provide written notice to Buyer of adjusted Agreement terms to reflect the change(s), listing the reason(s) for such change(s). If the Parties fail to agree to new terms within 15 days of the notice, Seller may terminate this Agreement without liability. Any deliveries made during the 15-day period shall be at the originally agreed terms and price adjusted to include the increase under this Section 22.
NEW OR CHANGED REGULATIONS. The parties are entering into this Agreement in reliance on the regulations, laws and arrangements with governments or governmental instrumentalities (hereinafter called "Regulations") in effect on the date of execution by Seller affecting the Coke sold hereunder insofar as said Regulations affect Buyer, Seller or Seller's suppliers. If the effect of any changes in any Regulation or of any new Regulation (1) is not covered by any other provision of this Agreement, and (2) in the affected party's judgment, any such change has a significant and material effect upon the party (or if Seller,upon Seller's suppliers), the affected party may request renegotiation of the terms of this Agreement, to be completed within 60 days of written request therefore, failing which the affected party shall have the right to terminate this Agreement effective thirty days after the end of the said sixty-day period. Such right to request renegotiation or, upon failure to agree, to terminate, shall without limitation also be available if Regulations undertake to regulate the prices of Coke covered by this Agreement.
NEW OR CHANGED REGULATIONS. A. It is understood by and between the Parties that each is entering this Contract in reliance on the laws, rules, and regulations (the Regulations) in effect on the date the Contract is entered. B, If , at any time or from time to time during the term of the Contract, any Regulations are changed or new Regulations become effective whether by law, decree, or regulation or in response to the insistence or request of any governmental authority or person purporting to act therefor and the effect of the changed or new Regulation : (i) is not expressly covered by other provisions of this Contract which specifies the effect of changed or new Regulations and (ii) has an adverse economic effect upon either Party, then the affected Party shall have the option to request renegotiations of the terms and conditions of the Contract. The option may be exercised by written notice from the affected Party to the other at any time after the changed or new Regulations are promulgated.
