Common use of NEW OR CHANGED REGULATIONS Clause in Contracts

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.

Appears in 3 contracts

Samples: Petroleum Coke Purchase/Sale Agreement, Petroleum Coke Purchase/Sale Agreement, Petroleum Coke Purchase/Sale Agreement

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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 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 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 CokeProduct, 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 Day period. Any Coke Product delivered during such 30-day 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.

Appears in 2 contracts

Samples: Sulfur Purchase/Sale Agreement, Sulfur Purchase/Sale Agreement

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 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 Seller or Seller’s Suppliersupplier. 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 CokeProducts, 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 noticenotice hereunder, Seller shall have the right to terminate the affected Transaction at the end of the said 30-day Day period. Any Coke Product delivered during such 30-day 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.

Appears in 2 contracts

Samples: Asphalt Purchase/Sale Agreement, Asphalt Purchase/Sale Agreement

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 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 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 re-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 days after Seller gives such notice, Seller shall have the right to terminate the affected Transaction at the end of the said 30-30 day period. Any Coke Product delivered during such 30-30 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.

Appears in 1 contract

Samples: Products Purchase/Sale Agreement

NEW OR CHANGED REGULATIONS. 16.1 17.1 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 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 Seller or Seller’s Supplier. 16.2 17.2 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 thereforetherefor, 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 CokeProduct, 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 17.3 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 Product delivered during such 30-30- 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.

Appears in 1 contract

Samples: Specialty Petroleum Coke Purchase/Sale Agreement

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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 thirty (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.

Appears in 1 contract

Samples: Fuel Grade Petroleum Coke Purchase/Sale Agreement

NEW OR CHANGED REGULATIONS. 16.1 It is understood by The parties enter the Parties that Seller is entering into each Transaction Agreement in reliance on upon the laws, rules, regulations, interpretations, decrees, agreements, and concessions of, and arrangements (hereinafter hereafter called “Regulations”) with governments or governmental instrumentalities in effect on the date hereof of the Agreement with governments, governmental instrumentalities respect to or public authorities directly or indirectly affecting the Coke sold hereunder includingbio-diesel to be delivered, but including without limitation to the generality of the foregoinglimitation, those relating to the production, acquisition, gathering, manufacturing, transportation, storage, export, trading or sale and delivery thereof, thereof insofar as such regulations said Regulations affect Seller or Seller’s Supplier. 16.2 NORTHWEST IOWA RENEWABLE ENERGY and Eco and its customers. In the event that at any time and from time subsequent to time the date of the Agreement, any regulations of said Regulations are changed or new regulations become effective, Regulations are promulgated whether by law, decree decree, interpretation or regulation 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 Regulation (a) is or will not be covered by any other provision hereunderprovisions of the Agreement, and or (b) has a material or will have an adverse economic effect upon Seller that increases Seller’s cost the parties to this Agreement or the suppliers or customers of production of Cokesaid parties, Seller the parties shall have the option to request negotiation renegotiation of the prices or and other pertinent terms hereunderprovided for in the Agreement and their respective effective dates. Such Said option may be exercised by Seller the parties at any time after such changed or new regulation Regulation is promulgated, promulgated by written giving notice of desire the exercise of its option to rerenegotiate prior to the time of delivery of bio-negotiate, such diesel or any part thereof. Such notice to shall contain the new prices or and terms desired by Seller. 16.3 agreement of Eco and NORTHWEST IOWA RENEWABLE ENERGY. If the Parties parties do not agree upon new prices or and terms satisfactory to both parties within 30 Days ten (10) days after Seller gives such noticenotice is given, Seller both Eco and NORTHWEST IOWA RENEWABLE ENERGY shall have the right to terminate the affected Transaction Agreement at the end of the said 30-ten (10) 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.

Appears in 1 contract

Samples: Bio Diesel Marketing Agreement (Northwest Iowa Renewable Energy LLC)

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