No Third-Party Rights or Enforceability Sample Clauses

No Third-Party Rights or Enforceability. This Agreement does not create any rights in any person or entity not a party hereto and is not enforceable except by the NJDEP or the Commission.
Sample 1Sample 2
AutoNDA by SimpleDocs
No Third-Party Rights or Enforceability. This Agreement does not create any rights in any person or entity not a party hereto and is not enforceable except by the NYSDEC or the Commission. Substantial Alterations or Additions (SPW only) SPW requirements must be considered in project design when a project involves either (a) increases in the effluent flow or pollutant load established by the SPDES permit or DRBC docket that was in effect at the time of SPW designation; or (b) “Substantial Alterations or Additions” (SAA) as defined in the DRBC Water Quality Regulations. (For complete definition of SAA, see Appendix B.) DRBC modelers will develop the SPW effluent requirements* and NYSDEC will include them in its SPDES permits if they are more stringent than NYSDEC limits. *DRBC provides SPW effluent limits for wastewater treatment facilities required to meet SPW no measurable change requirements for Ammonia (NH3-N), Dissolved Oxygen, Fecal Coliform, Nitrate (NO3-N), Total Nitrogen, Total Phosphorous and Total Suspended Solids in the Lower Delaware River SPW and for BOD5, Fecal Coliform, Ammonia + Ammonium, Total Kjeldahl Nitrogen, Nitrite+ Nitrate and Total Phosphorous in the Upper and Middle Delaware River SPW. SPW Mixing Zone Analysis: For discharges within the drainage area of waters designated by the Commission as SPW and the tributaries thereto, the NYSDEC or the permittee may request that DRBC staff perform a mixing zone analysis when the discharge is new or is an existing discharge subject to the requirement for “No Measurable Change to Existing Water Quality” or when an increased flow or load or “Substantial Alterations or Additions” are proposed. In the event that the time for DRBC’s SPW review and analysis exceeds 6 months after NYSDEC notifies DRBC of its receipt of a technically complete application, the NYSDEC will consult Technical Topic Implementation Agreement with DRBC to determine next steps. NYSDEC may, at its discretion, issue a SPDES permit renewing the conditions of approval for the existing facilities, with a re-opener clause to approve the SAA and associated SPW requirements at a future date. Import/Export Regulations The existing rules at Section 2.30 of the Water Code and Sections 2.3.5 A. 16-18 of the RPP require that the Commission approve and incorporate into the CP imports and exports of water and wastewater for amounts of 50,000 gallons a day or more (as a daily average) for wastewater and 100,000 gallons per day or more (as a daily average) for water. Within 30 days o...
Sample 1

Related to No Third-Party Rights or Enforceability

  • No Third Party Rights Except as expressly provided in this Agreement, this Agreement is intended solely for the benefit of the parties hereto and is not intended to confer any benefits upon, or create any rights in favor of, any Person other than the parties hereto.

  • No Third Party Rights Created This contract is intended for the benefit of the City and the Contractor and not any other person.

  • Benefits of Agreement; No Third-Party Rights The provisions of this Agreement are intended solely to benefit the Member and, to the fullest extent permitted by applicable law, shall not be construed as conferring any benefit upon any creditor of the Company (and no such creditor shall be a third-party beneficiary of this Agreement), and the Member shall have no duty or obligation to any creditor of the Company to make any contributions or payments to the Company.

  • No Third-Party Rights Created Hereby The provisions of this Agreement are solely for the purpose of defining the interests of the Partners, inter se; and no other person, firm or entity (i.e., a party who is not a signatory hereto or a permitted successor to such signatory hereto) shall have any right, power, title or interest by way of subrogation or otherwise, in and to the rights, powers, title and provisions of this Agreement. No creditor or other third party having dealings with the Partnership (other than as expressly set forth herein with respect to Indemnitees) shall have the right to enforce the right or obligation of any Partner to make Capital Contributions or loans to the Partnership or to pursue any other right or remedy hereunder or at law or in equity. None of the rights or obligations of the Partners herein set forth to make Capital Contributions or loans to the Partnership shall be deemed an asset of the Partnership for any purpose by any creditor or other third party, nor may any such rights or obligations be sold, transferred or assigned by the Partnership or pledged or encumbered by the Partnership to secure any debt or other obligation of the Partnership or any of the Partners.

  • Infringement of Third Party Rights Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either of the Parties hereunder infringes or may infringe the intellectual property rights of such Third Party. Genentech shall have the first right but not the obligation to control any defense of any such claim involving alleged infringement of Third Party rights by Genentech’s activities under this Agreement at its own expense and by counsel of its own choice, and Curis shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. If Genentech fails to proceed in a timely fashion with regard to such defense, Curis shall have the right but not the obligation to control any such defense of such claim at its own expense and by counsel of its own choice, and Genentech shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. Curis shall have the first right but not the obligation to control any defense of any such claim involving alleged infringement of Third Party rights by Curis’ activities under this Agreement at its own expense and by counsel of its own choice, and Genentech shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. If Curis fails to proceed in a timely fashion with regard to such defense, Genentech shall have the right but not the obligation to control any such defense of such claim at its own expense and by counsel of its own choice, and Curis shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. Neither Party shall have the right to settle any infringement action under this Section 10.5 in a manner that diminishes the rights or interests of the other Party hereunder without the consent of such Party.

  • Third Party Rights A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce or to enjoy the benefit of any term of this Agreement.

  • EXCLUSION OF THIRD PARTY RIGHTS A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

  • Assignments, Successors, and No Third-Party Rights Neither party may assign any of its rights under this Agreement without the prior consent of the other parties, which will not be unreasonably withheld, except that Buyer may assign any of its rights under this Agreement to any Subsidiary of Buyer. Subject to the preceding sentence, this Agreement will apply to, be binding in all respects upon, and inure to the benefit of the successors and permitted assigns of the parties. Nothing expressed or referred to in this Agreement will be construed to give any Person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or with respect to this Agreement or any provision of this Agreement. This Agreement and all of its provisions and conditions are for the sole and exclusive benefit of the parties to this Agreement and their successors and assigns.

  • Binding Effect; No Third Party Beneficiaries This Agreement shall be binding upon and inure to the benefit of the Company and Award Recipient and their respective heirs, representatives, successors and permitted assigns. This Agreement shall not confer any rights or remedies upon any person other than the Company and the Award Recipient and their respective heirs, representatives, successors and permitted assigns. The parties agree that this Agreement shall survive the issuance of the Shares.

  • Assignment; Successors and Assigns; No Third Party Rights Except as otherwise provided herein, this Agreement may not be assigned, and any attempted assignment shall be null and void, except that Purchaser may assign, in its sole discretion, any or all of its rights, interests or obligations hereunder to any direct or indirect wholly owned subsidiary of Purchaser. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, permitted assigns and legal representatives. This Agreement shall be for the sole benefit of the parties to this Agreement and their respective heirs, successors, permitted assigns and legal representatives and is not intended, nor shall be construed, to give any Person, other than the parties hereto and their respective heirs, successors, assigns and legal representatives, any legal or equitable right, remedy or claim hereunder.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!