Non-Opposition. After the FERC Construct is initially set in the FERC Approvals, and for a period of five (5) years after the Closing Date, Entergy shall not (and shall cause its Affiliates not to), oppose, contest, challenge or file any complaint before FERC or the Commissions regarding, or take (publicly or otherwise) any position with any third Person adverse to, the FERC Construct, unless (i) required by a Governmental Authority pursuant to applicable Law, (ii) unanimously directed by the ERSC or (iii) requested in writing by an act of the commissioners of any Entergy Retail Regulator. After the FERC Construct is initially set in the FERC Approvals, and for a period of five (5) years after the Closing Date, Entergy shall not (and shall cause its Affiliates not to) publicly oppose, contest or challenge, with any third Person, the plan of TransCo or ITC, approved by the Acceptable RTO of which the Transmission Business will become a member, for anticipated capital expenditures that are included in the capital expenditure plan as described in Section 5.13 of the ITC Disclosure Letter, and recovery thereon, through the FERC Construct, unless and to the extent (i) required by a Governmental Authority pursuant to applicable Law, (ii) such plan is opposed by all of the members of the ERSC or (iii) requested in writing by an act of the commissioners of any Entergy Retail Regulator, provided, however, that this prohibition does not apply to the extent that TransCo or ITC departs from such plan in any material respect.
Non-Opposition. The license set forth in Section 6.01 shall terminate if, during the term thereof, ExxonMobil or a Majority Owned Affiliate to which rights have been extended pursuant to Section 6.05, directly or indirectly, provokes, requests, or otherwise attempts to initiate a reexamination proceeding in the United States Patent and Trademark Office with respect to any Symyx Combinatorial Patent Rights, or files a notice of opposition or participates in any opposition against any Symyx Combinatorial Patent Rights in any other jurisdiction.
Non-Opposition. The license set forth in Section 6.1 shall terminate with respect to any specified Symyx Combinatorial Patent Rights, if, during the term thereof, TDCC or an Affiliate to which rights have been extended pursuant to Section 6.4, directly or indirectly, provokes, requests, or otherwise attempts to initiate a reexamination proceeding in the United States Patent and Trademark Office with respect to any claim in such specified Symyx Combinatorial Patent Rights as to which TDCC has license rights under Section 6.1, or files a notice of opposition or participates in any opposition against any claim in any Symyx Combinatorial Patent Rights as to which TDCC has license rights under Section 6.1. TDCC or the Affiliate shall have thirty (30) days to withdraw such reexamination or opposition after notice from Symyx to avoid termination of the license.
Non-Opposition. As long as Centennial is in compliance with this Agreement, Climate Resolve shall not Oppose the Project or any other Projects on Tejon Ranch as proposed now or in the future, as detailed below.
Non-Opposition. After Buyer’s rates, rate construct, rate elements, terms and conditions of service are initially set in the FERC 205 Approval (“Buyer’s Initial Rates”), and for a period of seven (7) years after the Closing Date, Seller shall not (and shall cause its parent and any wholly owned Affiliates of its parent not to), oppose, contest, challenge or file any complaint before FERC regarding, or takes any position with any third Person adverse to, Buyer’s Initial Rates. This prohibition does not apply to the extent that Buyer seeks changes to the Buyer’s Initial Rates in a manner adverse to Seller. For a period of seven (7) years after the Closing Date, Seller also shall not (and shall cause its parent and any wholly owned Affiliates of its parent not to) publicly oppose, contest or challenge, with any third Person, the plan of the Buyer, set forth in the applications for the Buyer Required Regulatory Approvals made pursuant to Section 7.6(b), for anticipated capital expenditures, except that this prohibition does not apply to the extent that Buyer departs from such plan. Nothing in this Section 7.16 prohibits Seller from opposing, contesting, or challenging the withdrawal of the Purchased Assets from participation in MISO.
Non-Opposition. None of Tenants (or anyone affiliated With or acting on behalf of Tenants including, without limitation, the Los Angeles Tenants Union) shall xxxx (i) filed any formal opposition to Dynamic’s intenaed development of the Project, (ii) taken any action to challenge the final approval from the City of Los Angeles for Dynamic's intended development of the Project, (iii) otherwise taken any action to hinder, delay, or prevent such Project Approval.
Non-Opposition. FTC and its Officers and Directors shall not directly or indirectly oppose or delay construction of the Project, or the issuance of any entitlements necessary for the construction of the Project, including, but not limited to, new entitlements issued as a result of the street vacation proceeding and any amended or reinstated permits, approvals or entitlements for the Project or a substantially similar development, which may include a development that preserves the intersection of Sunset Boulevard and Crescent Heights as currently configured. Excepting only as to FTC’s rights to enforce this Agreement, FTC and its Officers and Directors shall not (i) file, commence, maintain, support or finance any lawsuits challenging the Project or any future approvals issued in furtherance of the Project, (ii) appeal, challenge or contest administratively any decision or approval granted or made, or action taken, by the City or any other governmental agency with respect to the Project or in furtherance of the Project, including any street vacation approvals, or (iii) file any protest, submit any further negative comments, or advocate in any forum, including before any court, board, agency, commission department, elected or appointed government official, or in any electronic or print media of any type, to challenge, oppose or delay the approval, development, construction or operation of the Project or compliance with the writ by the City of Los Angeles. FTC and its Officers and Directors shall not intentionally or knowingly encourage or support any other person or entity to do any of the foregoing, or otherwise intentionally or knowingly take any action which would delay, hinder, or otherwise impede the construction or operation of the Project.
Non-Opposition. BGEC, and each BGEC Member, shall not oppose the Project, as follows:
Non-Opposition. Each of the Owner Parties agrees that it shall not directly or indirectly oppose, challenge or appeal any permit applications made or approvals granted for the construction of developments by any other Owner Party on development sites within the 100 Acres so long as the proposed project described therein is consistent with the PDA Master Plan.
Non-Opposition. The Resource Groups will refrain from opposing the entitlements, approvals and agency applications for the proposed development projects and for other permitted uses. UOU58
