Other Operating Agreement Clause Samples
The 'Other Operating Agreement' clause defines the relationship between the current agreement and any other operating agreements that may exist for the same entity or project. Typically, this clause clarifies whether the terms of the current agreement supersede, supplement, or coexist with other agreements, and may specify how conflicts between agreements are resolved. Its core practical function is to prevent confusion or legal disputes by establishing clear rules for how multiple operating agreements interact, ensuring consistency and clarity in the governance of the entity.
Other Operating Agreement. It is DWR's intent to have a consistent operating agreement with all three investor-owned utilities (IOUs). Should DWR reach an operating agreement with another IOU relating to the subject matter of this Agreement, that in Utility's judgment is more favorable on the whole than this Agreement, Utility shall have the right to receive the same terms and conditions as such other IOU. This provision specifically does not allow Utility to select particular portions or provisions of such other IOU's operating agreement. In addition, if Utility elects to be subject to such other IOU's operating agreement's terms and conditions, Utility shall be subject to such other IOU's operating agreement with only such modifications agreed to by DWR as necessary to address operating differences between that other IOU and Utility. Utility shall exercise the foregoing right within 60 days following Commission approval of such other operating agreement.