Notice, Proposals and Authorization to Proceed Sample Clauses

Notice, Proposals and Authorization to Proceed. In the event a Wastewater System Modification is proposed or required under this Article VIII due to the request or breach of either party or the occurrence of an Uncontrollable Circumstance, the provisions, procedures, standards and payment structure (if applicable) shall be agreed to by the parties. In order to implement such provisions with respect to any Wastewater System Modification which may be required for which the Borough is partially or fully responsible pursuant to Sections 6.2 or 6.4 hereof, the Company shall give the Borough prompt written notice thereof, which notice shall include (1) a description of the Wastewater System Modification and an explanation of why the Wastewater System Modification is required by an Uncontrollable Circumstance or is due to Borough Breach, (2) an estimate of the amount of all Wastewater System Modification Costs and changes to the Operating and Maintenance Charge, if any, associated therewith and preliminary Cost Substantiation therefor, (3) a proposed drawdown schedule, (4) a projected completion schedule, (5) the anticipated adjustment to components of the Service Fee other than the Operating and Maintenance Charge, (6) the projected Billing Period when such adjustment shall first take effect and (7) any changes to the Performance Guarantees required as a result thereof. The Company shall update the notice required by this subsection from time to time to reflect any modification in the computation of the price, the Service Fee or any other material change in the information included in any previous notice, and shall provide the Borough with a description of such Wastewater System Modifications, Wastewater System Modification Costs and Cost Substantiation on a definitive basis as soon as reasonably possible. The Company shall not make a Wastewater System Modification without notifying the Borough and receiving written consent from the Borough for such Wastewater System Modification which consent shall be in the sole discretion of the Borough; provided; however, that if the Company notifies the Borough in writing that a Capital Modification is required to comply with the Performance Guarantees (including due to a new permit condition) and the Borough withholds conditions or delays consent unreasonably, unless an alternative solution is agreed to by the parties, the Company shall be held harmless from complying with a Performance Guarantee (including due to a Change in Law) to the extent such proposed modificatio...
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Related to Notice, Proposals and Authorization to Proceed

  • Designation and Authorization 1. Each Party shall have the right to designate as many airlines as it wishes to conduct international air transportation in accordance with this Agreement and to withdraw or alter such designations. Such designations shall be transmitted to the other Party in writing through diplomatic channels, and shall identify whether the airline is authorized to conduct the type of air transportation specified in Annex I or in Annex II or both.

  • Authorization to Proceed A fully executed and approved authorization in the form of Attachment 6 to this Agreement, Authorization to Proceed (“ATP”) accompanied by an executed purchase order document issued by the Owner to the Project Consultant, authorizing the performance of specific professional services, authorizing commencement of a Phase as defined in Article 2.1 through Article 2.8, and stating the time for completion and the amount of fee authorized for such services.

  • Authority and Authorization Each of the Consultants has full power and authority to enter into this Plan and carry out the obligations hereunder. Execution of this Plan and performance by the Consultants hereunder constitutes a valid and binding obligation of the Consultants and performance hereunder will not violate any other agreement to which any of the Consultants is a party.

  • Approvals and Consent Except as otherwise set out in this Agreement, and subject to any statutory obligations, a Party may give or withhold an approval or consent to be given under this Agreement in that Party’s absolute discretion and subject to any conditions determined by the Party. A Party is not obliged to give its reasons for giving or withholding consent or for giving consent subject to conditions.

  • Corporate Authorization The execution, delivery and performance by Parent and Merger Subsidiary of this Agreement and the consummation by Parent and Merger Subsidiary of the transactions contemplated hereby are within the corporate powers of Parent and Merger Subsidiary and have been duly authorized by all necessary corporate action. This Agreement constitutes a valid and binding agreement of each of Parent and Merger Subsidiary.

  • Card Information Updates and Authorizations If you have authorized a merchant to xxxx charges to your card on a recurring basis, it is your responsibility to notify the merchant in the event your card is replaced, your card information (such as card number and expiration date) changes, or the account associated with your card is closed. However, if your card is replaced or card information changes, you authorize us, without obligation on our part, to provide the updated card information to the merchant in order to permit the merchant to xxxx recurring charges to the card. You authorize us to apply such recurring charges to the card until you notify us that you have revoked authorization for the charges to your card. Your card is automatically enrolled in an information updating service. Through this service, your updated card information (such as card number and expiration date) may be shared with participating merchants to facilitate continued recurring charges. Updates are not guaranteed before your next payment to a merchant is due. You are responsible for making direct payment until recurring charges resume. To revoke your authorization allowing us to provide updated card information to a merchant, please contact us.

  • Contractor’s Power and Authority The Contractor warrants that it has the full power and authority to grant the rights herein granted and will hold the County hereunder harmless from and against any loss, cost, liability and expense, including reasonable attorney fees, arising out of any breach of this warranty. Further, the Contractor avers that it will not enter into any arrangement with any third party which might abridge any rights of the County under this Contract.

  • Corporate Power and Authority Each Borrower has all requisite corporate power and authority to enter into this Amendment and to carry out the transactions contemplated by, and perform its obligations under, the Credit Agreement as amended by this Amendment (the "AMENDED AGREEMENT").

  • Authorization, Etc This Agreement and the Notes have been duly authorized by all necessary corporate action on the part of the Company, and this Agreement constitutes, and upon execution and delivery thereof each Note will constitute, a legal, valid and binding obligation of the Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by (i) applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law).

  • Organization and Authority The Subscriber is a Delaware limited liability company, validly existing and in good standing under the laws of Delaware and possesses all requisite power and authority necessary to carry out the transactions contemplated by this Agreement. Upon execution and delivery by you, this Agreement is a legal, valid and binding agreement of Subscriber, enforceable against Subscriber in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, fraudulent conveyance or similar laws affecting the enforcement of creditors’ rights generally and subject to general principles of equity (regardless of whether enforcement is sought in a proceeding at law or in equity).

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