No Public Utility. Nothing contained in this Agreement shall be construed as an intent by Provider to dedicate its property to public use or subject itself to regulation as a “public utility” (as defined in the California Public Utilities Code or any other Applicable Law).
No Public Utility. Nothing contained in this Agreement shall be construed as an intent by Tenant to dedicate its property to public use or subject itself to regulation as a public utility, an electric utility, an investor owned utility, a municipal utility, generation company or a merchant power plant otherwise known as an exempt wholesale generator.
No Public Utility. This Agreement is made as an accommodation to Customer and in no event shall Terminal’s services be deemed to be those of a public utility or common carrier. If for any reason the Terminal or any of its facilities become a public utility or common carrier, then at the option of Terminal and upon prior written notice to Customer, Terminal may (a) restructure and restate this Agreement on commercially reasonable terms in compliance with applicable regulations, or (b) terminate this Agreement as to the affected facilities or services.
No Public Utility. Nothing contained in this Agreement shall be construed as an intent by Seller to dedicate the System to public use or subject itself to regulation as a “public utility” (as such term may be defined under any applicable law).
No Public Utility. It is understood that neither Party hereto ----------------- considers itself or the other Party to be a public utility, and neither Party intends by this Agreement to engage in the business of being a public utility, or to enjoy any of the power and privileges of a public utility or by its performance of its obligations to dedicate to public or quasi-public use or purpose any of the facilities which it operates, and the Parties agree that the execution of this Agreement shall not, nor shall any performance or partial performance, be or ever deemed, asserted or urged by the Parties to be a dedication to public or quasi-public use of any such facilities of a Party, or as subjecting a Party to any jurisdiction or regulation as a public utility. If at any time an Entity or a Governmental Authority should initiate any action claiming or asserting jurisdiction over a Party as a public utility, or shall take jurisdiction in any proceeding whereby any Entity should assert or claim that a Party is a public utility because of the provision of a Service which is the subject of this Agreement, the Service Provider shall have the right to terminate the supply of the Service under this Agreement without penalty or further obligation to the Service Receiver at any time thereafter by giving ninety (90) days written notice to the Service Receiver of its intention to do so.
No Public Utility. Nothing contained in this Agreement shall be construed as an intent by Provider to dedicate its property to public use or subject itself to regulation as a “public utility” under Connecticut law.
No Public Utility. Nothing contained in this Agreement shall be construed as an intent by Seller to dedicate its property to public use or subject itself to regulation as a “public utility” (as defined in the Haw. Rev. Stat. Chapter 269 or any other Applicable Law). Neither Party shall claim that by this Agreement Seller is an electric utility subject to regulation as an electric utility or subject to regulated electricity rates. Seller shall not claim to be providing electric utility services to Host and shall not interfere with Host’s ability to continue to obtain electric energy from the Electric Utility.
No Public Utility. Neither Party shall assert that Provider is an electric utility or public service company or similar entity that has a duty to provide service, is subject to rate regulation, or is otherwise subject to regulation by any Governmental Authority as a result of Provider’s obligations or performance under this Agreement. If at any time as a result of any Change in Law, Provider would be subject to regulation as an electric utility or public service company (or its equivalent) by any Governmental Authority by virtue of this Agreement, Customer will use its best efforts to restructure this Agreement so that Provider will not be subject to such regulation (while preserving for both Parties the substantive economic benefits conferred hereunder).
No Public Utility. It is understood that no Party hereto considers the other Party to be a public utility, and no Party intends by this Agreement to engage in the business of being a public utility or to enjoy any of the powers and privileges of a public utility or, by its performance of its obligations hereunder to dedicate to public or quasi-public use or purpose any of the facilities which it operates, and each Party agrees that the execution of this Agreement shall not, nor shall any performance or partial performance, be or ever deemed, asserted or urged by a Party to be a dedication to public or quasi-public use of any such facilities of the other Party or as subjecting the other Party to any jurisdiction or regulation as a public utility.
No Public Utility. Neither the Agent nor any Lender nor the Borrower nor any of their respective Affiliates shall, in the opinion of the Agent and its special counsel or any Lender and its counsel, solely by reason of (i) the ownership of the Facility or the operation thereof by the Borrower, (ii) the making of the Loans or the issuance of the Letters of Credit or any other Extension of Credit, (iii) the securing of the Obligations by Liens on the Project and the Assigned Agreements, (iv) the potential exercise by the Agent or any Lender of any remedies under the Security Documents including, without limitation, the acquisition of the Borrower's right, title and interest in and to the Facility through foreclosure, or (v) any other transaction contemplated by this Agreement or any of the other Project Documents, be deemed by any Governmental Authority having jurisdiction to be, or be subject to regulation as, an "electric utility," "electric corporation," "electrical company," "public utility," "public utility holding company," "public service company," "public service corporation" or a corporation carrying on the services of or exercising any of the powers or functions of, a "public service enterprise" or organized to conduct the business of a "public service business" under any existing law, rule or regulation of any Governmental Authority; and neither the Agent or Lender nor any of its Affiliates shall, in the opinion of the Agent and its special counsel or any Lender and its counsel, solely by reason of its ownership or operation of the Facility upon the exercise of any Agent's or any Lender's remedies under the Security Documents, be deemed by any Governmental Authority having jurisdiction to be (A) subject to regulation as a public utility under Parts II and III of the Federal Power Act (except for certain provisions relating to interconnection, wheeling, and reporting interlocking directorates) or considered an electric utility company under the Public Utility Holding Company Act of 1935; or (B) subject to any state law or regulation respecting (i) the rates of electric utilities, or (ii) the financial and organizational regulation of electric utilities, provided that neither the Agent nor the Lender is otherwise an electric utility, electric utility holding company, or a subsidiary or affiliate of either, or any combination thereof.
