Other Provisions of the Settlement Agreement Sample Clauses

Other Provisions of the Settlement Agreement. The Settlement Agreement provides important protections to limit changes in the agreed settlement provisions for a defined period. Specifically, section III of the Settlement Agreement states: For a period of six (6) years from the effective date of the attached revisions to Attachment M, if any party to the Commission proceedings in Docket Nos. EL07-56 or EL07-58, Xx. Xxxxxxx, or the company established by Xx. Xxxxxxx petitions the Commission for a change to Attachment M or Section 18.17.4 of the PJM Operating Agreement (including Schedules 10 and 10A), such change shall, in the absence of agreement of all such entities, be governed by the “public interest” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 U.S. 332 (1956), and FPC v. Sierra Pacific Power Co., 350 U.S. 348 (1956). The Settlement Agreement also makes clear that the protection against changes applies to the standards and processes in Attachment M concerning possible termination and replacement of the MMU at the end of the initial PJM-MMU contract term. The parties are not purporting to bind the Commission to the public interest standard. The Settlement Agreement also addresses the pending rehearing requests of the September 20 Order. The settlement does not require those rehearing petitions, which relate to alleged past tariff violations, to be withdrawn, but states that “should any litigation ensue, [the Settling Parties] will not seek changes to any of the provisions set out [in the Settlement Agreement] and [its] attached documents.”39
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Related to Other Provisions of the Settlement Agreement

  • Provisions of the Agreement a reference to any Clause or Schedule is, except where it is expressly stated to the contrary, a reference to such clause of, or schedule to, this Agreement. A reference in a Schedule to any paragraph is, except where it is expressly stated to the contrary, a reference to a paragraph in that Schedule;

  • Modifications of Agreement This Agreement may be modified in writing only, signed by the parties in interest at the time of the modification.

  • AGENTS OF THE AGREEMENT 1.1 The Authorized Official(s) for the State of Montana shall be the State Accountant of the State Financial Services Division, Department of Administration in all matters concerning this Agreement.

  • Complete Agreement, Severability, Captions, and Survival You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Service and the portion of the Site through which the Service is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 2, 5-7, 11, 17, 18, 23, and 26-35 of the General Terms, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.

  • Terms of the Agreement Each Party shall treat the terms of this Agreement as the Confidential Information of other Party, subject to the exceptions set forth in Section 7.2. Notwithstanding the foregoing, each Party acknowledges that the other Party may be obligated to file a copy of this Agreement with the SEC, either as of the Effective Date or at some point during the Term. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of certain commercial terms and sensitive technical terms hereof to the extent such confidential treatment is reasonably available to it. In the event of any such filing, the filing Party shall provide the other Party with a copy of the Agreement marked to show provisions for which the filing Party intends to seek confidential treatment and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements governing redaction of information from material agreements that must be publicly filed. The other Party shall promptly provide any such comments.

  • Amendment of the Agreement The Agreement is hereby amended as follows:

  • DUTIES OF THE AGENTS IN CONNECTION WITH EARLY REDEMPTION 12.1 If the Issuer decides to redeem any Notes for the time being outstanding before their Maturity Date in accordance with the Conditions, the Issuer shall give notice of the decision to the Principal Paying Agent and, in the case of redemption of Registered Notes, the Registrar stating the date on which the Notes are to be redeemed and the nominal amount of Notes to be redeemed not less than 15 days before the date on which the Issuer will give notice to the Noteholders in accordance with the Conditions of the redemption in order to enable the Principal Paying Agent and, if applicable, the Registrar to carry out its duties in this Agreement and in the Conditions.

  • TERMS AND CONDITIONS OF AGREEMENT Except as specifically amended by this Amendment, all terms and conditions of the Agreement shall remain in full force and effect.

  • PROVISIONS OF LAW AND SEPARABILITY It is understood and agreed that this MOU is subject to all applicable Federal and State laws, City ordinances and regulations, the Charter of the City of Los Angeles, and any lawful rules and regulations enacted by the City's Civil Service Commission or the XXX. If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of Federal, State, or local law or regulations, or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part of said provision shall be suspended and superseded by such applicable law or regulations and the remainder of the MOU shall not be affected thereby; the parties agree to negotiate promptly a replacement for such part or provision. The parties understand that many of the employees covered by this MOU may also be covered by the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 201 et seq. (FLSA). To the extent that any provision herein conflicts with the FLSA, employees covered by the FLSA shall receive benefits required hereunder and any additional benefits set forth herein if compatible with the FLSA.

  • Condition to Obligations of the Seller The obligation of the Seller to consummate the Securities Purchase is also subject to the fulfillment, or written waiver by the Seller, prior to the Closing, of the following conditions:

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