New or varied Access Sample Clauses

New or varied Access. Undertaking (a) The Access Holder acknowledges that the Term may encompass new or varied Access Undertakings being accepted by the ACCC. (b) The parties agree that:
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New or varied Access. Undertaking (a) The Access Holder acknowledges that the Term may encompass new or varied Access Undertakings being accepted by the ACCC. (b) The parties agree that: (i) any changes to a Tier 1 (Mandatory) Provision or the addition of a new Tier 1 (Mandatory) Provision in the indicative access agreement included in an Access Undertaking accepted by the ACCC as contemplated under clause 19.1(a), will be automatically incorporated into this agreement, on the date the new or varied Access Undertaking comes into effect; and (ii) to the extent there are changes to any other provisions of the indicative access agreement included in an Access Undertaking accepted by the ACCC under clause 19.1 (a) which are inconsistent with this agreement, the parties will negotiate in good faith to modify this agreement to reflect the amendments to the indicative access holder agreement included in the Access Undertaking which are necessary or desirable for ARTC to safely and efficiently manage the Network and recover its costs while retaining, to the extent possible, the commercial and economic position of both parties arising from the agreement, and if the parties cannot agree, then the dispute will be a Dispute to be resolved in accordance with clause 14; and (iii) if this agreement contains a provision which is not contained in the indicative access agreement and is not inconsistent with any provision of the indicative access agreement, that provision will be retained unless the parties agree otherwise.
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New or varied Access. Undertaking (a) The Access Holder acknowledges that the Term may encompass new or varied Access Undertakings being accepted by the ACCC. (b) The parties agree that: (i) any changes to a Tier 1 (Mandatory) Provision or the addition of a new Tier 1 (Mandatory) Provision in the indicative access agreement included in an Access Undertaking accepted by the ACCC as contemplated under clause 19.1(a), will be automatically incorporated into this agreement, on the date the new or varied Access Undertaking comes into effect; and (ii) to the extent there are changes to any other provisions of the indicative access agreement included in an Access Undertaking accepted by the ACCC under clause 19.1
Sample 1

Related to New or varied Access

  • Limited Access If necessary for the fulfillment of the Agreement, NBU may provide the Professional with non-exclusive, limited access to NBU’s information technology infrastructure. The Professional understands and agrees to abide by NBU policies, standards, regulations and restrictions regarding access and usage of NBU’s information technology infrastructure. The Professional shall reasonably enforce such policies, standards, regulations and restrictions with all the Professional’s employees, agents or any tier of subcontractor granted access in the performance of this Agreement, and shall be granted and authorize only such access as may be necessary for the purpose of fulfilling the requirements of the Agreement. The Professional’s employees, agents and subcontractors must receive prior, written approval from NBU before being granted access to NBU’s information technology infrastructure and data and NBU, in its sole determination, shall determine accessibility and limitations thereto. The Professional agrees that the requirements of this Section shall be incorporated into all subcontractor agreements entered into by the Professional. It is further agreed that a violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice.

  • Acknowledgement and Consent to Bail-In of EEA Financial Institutions Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any EEA Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including, if applicable: (i) a reduction in full or in part or cancellation of any such liability; (ii) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the write-down and conversion powers of any EEA Resolution Authority.

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