Other Special Provisions. Any capitalized terms used but not defined herein shall have the meanings ascribed to them in the Precedent Agreement dated July 23, 2014 between the parties. Customer shall have the right of first refusal with respect to the MDQ at the expiration of the Primary Term, for a renewal term of no less than five years, in accordance with Equitrans’ FERC Gas Tariff. This Agreement incorporates the Credit Agreement dated July 23, 2014 entered into by and between Equitrans and Customer and any amendments or restatements thereto. Should Equitrans elect in the future to expand the Ohio Valley Connector or a lateral directly connected to the Ohio Valley Connector on a forward haul basis, Customer shall have a right to participate in that project (“OVC Expansion Project”). Equitrans shall notify Customer prior to holding an Open Season for an OVC Expansion Project. Notwithstanding the foregoing, Customer’s right under this section shall not apply to Equitrans’ separate project to modify, expand, and extend certain of its transmission facilities in order to provide additional firm transportation service from Clarington, Ohio to Lebanon, Ohio and such other locations as Equitrans may determine, which is a separate project and not an OVC Expansion Project, and for which an Open Season has already been held. Equitrans and Customer agree that nothing in this section prohibits Customer from requesting firm capacity on similar proposed projects.
Other Special Provisions. 1. Notwithstanding any provision in the Agreement to the contrary, McLeodUSA hereby grants, bargains, sells and conveys to IRU Grantee the Fibers specifically described in this Exhibit A-11. Except for the portions of such Fibers that are subject to transfer restrictions set forth below (the “Restricted Fibers”) or as otherwise provided herein, title to the Fibers, along with a Proportionate Share of an undivided tenant in common interest in and to tangible and intangible property necessary to use the Fibers, including but not limited to cable sheathing, troughing, pedestals, slack containers, and related equipment (the “Associated Property”) (but excluding any electronic or optronic equipment which shall be provided by IRU Grantee at its sole cost) shall pass immediately to IRU Grantee. With respect to the Restricted Fibers and appurtenant Associated Property, IRU Grantee shall be deemed to have an Indefeasible Right of Use for the Term pursuant to the terms of the Agreement. IRU Grantee may at any time begin the process of obtaining permits, consents, franchises, or other authorizations from all relevant governmental entities or private parties as may be necessary for, or incidental to, the transfer of title to the Restricted Fibers, at its sole cost and expense, and McLeodUSA shall reasonably cooperate with IRU Grantee in such efforts. When IRU Grantee has obtained all Rights necessary for the transfer of title to the Restricted Fibers (or for one or more Segments thereof), title to such Restricted Fibers shall transfer to IRU Grantee and the IRU in the Restricted Fibers shall terminate. At IRU Grantee’s request, McLeodUSA shall give a Xxxx of Sale to all or part of such Fibers. In addition, at the end of the Term, and upon any relocation, condemnation, or other substitution of any nature of the IRU Grantee Fibers pursuant to Articles XII, XIV, or Article XXIV, or otherwise, the IRU in the Restricted Fibers shall immediately terminate and McLeodUSA shall thereafter be deemed to have immediately transferred title to those individual Restricted Fibers, along with an undivided interest in the Associated Property. Restricted Fibers
Other Special Provisions. Laterals 1, 2, and 3 (the “Laterals”) are owned by *** (or an affiliated company, collectively “***”), and licensed to McLeodUSA pursuant to a certain Appendix *** (the “Appendix”) between *** and McLeodUSA. Accordingly, the parties acknowledge and agree that, notwithstanding Section 2.2 of the IRU Agreement, no portion of or interest in such Laterals shall be conveyed to the IRU Grantee. In the event that either McLeodUSA or *** terminates the Appendix for any reason, McLeodUSA will reasonably cooperate with Norlight to secure continued access to the Laterals at Norlight’s sole cost and expense. Termination of the Appendix shall not affect the compensation payable by Norlight under the Agreement or this Exhibit. The fibers in this Exhibit A-5 will be spliced into fibers Norlight previously obtained from XxXxxx in Exhibit A-1 of the Agreement. Norlight Telecommunications, Inc. /s/ Xxxxxx X. Xxxxxx McLeodUSA Telecommunications Services, Inc. /s/ Xxxxxx Xxxxxxxx Signed Xxxxxx X. Xxxxxx Signed Xxxxxx Xxxxxxxx Printed Senior Vice President Printed GVP Title Title Attachment A-5a *** *** Attachment A-5b *** *** Attachment A-5c *** *** Attachment A-5d *** *** EXHIBIT A-6 dated June 23, 2005 McLeodUSA/Norlight IRU Agreement dated September 28, 2001 as amended November 24, 2003 Description of Cable Route Segment: McLeodUSA will provide Norlight with *** fibers on *** miles of the *** Ring. The fiber on this route will be accessed at a McLeodUSA splice point at ***. Estimated Miles / Footage: • *** Miles/ *** Feet Numberof Fibers: *** fibers Fiber Type: Single Mode Fiber IRU Fee ($/Fiber/mile): $***/fiber/mile X *** fibers X ***Miles) Initial Proportionate Share of Annual Rights Fees: $*** Annual Routine Maintenance Fee ($) $***. Delivery Charges: $***. Estimated delivery date: 35 days from the date of this Exhibit Splicing Expedite Fee: ***% above Contracted Splicing Cost Access Points: • McLeodUSA splice located at *** • McLeodUSA splice located at *** • McLeodUSA splice located at *** • McLeodUSA splice located at *** Collocation Locations Requested: No Term of IRU Grant: Effective Date to the date which is 20 years from the Effective Date. Total IRU Fee: $***. Deposit: $***. (***% of total IRU and Delivery fee)
Other Special Provisions. Not Applicable For the purposes of the calculations of the Floating Price(s), all numbers shall be rounded as follows: Floating Price(s) relating to commodities quoted in (i) gallons shall be rounded to five places, (ii) MMBtu's shall be rounded to four places, (iii) barrels shall be rounded to three places and (iv) gigajoules shall be rounded to four places. If the number after the final number is five (5) or greater then the final number shall be increased by one (1), and if the number after the final number is less than five (5) then the final number shall remain unchanged. This Confirmation is a complete and binding agreement between you and us as to the Transaction. Until a Master Agreement is executed by you and us, all currently existing swap, option or other financially-settled derivative transactions between the parties shall be governed by the terms and conditions set forth in any Annex attached hereto. All such swap, option or other financially-settled derivative transactions, shall constitute a single integrated agreement between you and us, it being acknowledged that the parties are relying upon the fact that all such swap, option or other financially-settled derivative transactions will form a single agreement and that the parties would not otherwise enter into any transactions. The terms and conditions contained in any Annex attached hereto are incorporated into this Confirmation, and in the event of any inconsistency between any Annex and this letter agreement, this letter agreement shall govern. Upon execution by you and us of a Master Agreement, this Confirmation will supplement, form a part of, and be subject to the Master Agreement. In the event of any inconsistency between this Confirmation and the Master Agreement, the Master Agreement shall govern except as expressly set forth herein. If this Confirmation correctly sets forth the terms of the Transaction that we have entered into, please promptly confirm in a reply to us by signing below and sending this Confirmation (or copy hereof) to us (or notifying us of any bona fide error that would require revision in order to accurately reflect our agreement on the Transaction) by facsimile transmission within two Business Days after your receipt of this Confirmation. If you fail to so reply within such time period, the terms hereof will constitute binding and conclusive evidence of the Transaction. We look forward to receiving your prompt reply. Sincerely, Enron North America Corp. National...
Other Special Provisions. The Parties acknowledge that this Interconnection Agreement is subject to the RGS Agreement and the Wholesale Power Contract, each entered into between Cooperative and Seminole Electric Cooperative, Inc. This Interconnection Agreement is intended to be consistent with the RGS Agreement and the Wholesale Power Contract, but in the event that any of the provisions of this Interconnection Agreement shall be held or otherwise determined to be in conflict with either the RGS Agreement or the Wholesale Power Contract, the parties agree that the RGS Agreement or Wholesale Power Contract, respectively, shall prevail.
Other Special Provisions. I understand I must always have an updated VSA, W-9, and Evidence of Insurance as noted above, Contract and/or price sheet on file in order to provide services. I understand it is my responsibility to keep these forms up to date by emailing them to xxxxxxxxx@xxxxxxxxxxxxxxx.xxx or uploading them via Xxxxxxxxxxx.xxx. Confirmation of receipt must be sent to me in order to acknowledge receipt. Submission is not confirmation. Any deviation of preapproved services/charges will result in nonpayment. No exceptions. New or first time vendors may not submit documents via the xxxxxxxxxxx.xxx website or directly to the contracts team.
Other Special Provisions. The special provisions set forth on Attachments C and D are incorporated herein by reference, and made a part hereof. Attachment C (Optional) Consultant/Services Agreement Progress Payment Schedule Consultant: Project: Date: Basic Compensation: $ Phase of Work (Describe) % of Total Progress Payment Phase I: % $ Phase II: % $ Phase III: % $ Phase IV: % $ Phase V: % $ Total Basic Compensation: $
Other Special Provisions. 1. Effective on the date of this Exhibit A-8, the Dark Fiber Capacity Services Agreement executed between the parties on April 11, 2003 shall become null and void, and shall be superceded by the Agreement and this Exhibit A-8. The parties acknowledge and agree Fibers described in the Capacity Agreement and in this Exhibit A-8 have been accepted by IRU Grantee.
Other Special Provisions. ☐: The name and address of the process agent referred to in Chapter I Article 14 are: Kind Regards Taishin International Bank The Customer: Seal checked by: (Original reservation seal) Legal representative Unified number: The original (copy) of this Agreement ☑ has been received ☐ is not required from the Bank The Customer: Seal checked by: (Original reservation seal) Legal representative Unified number: The original (copy) of this Agreement ☐ has been received ☐ is not required from the Bank The Customer: Seal checked by: (Original reservation seal) Legal representative Unified number: The original (copy) of this Agreement ☐ has been received ☐ is not required from the Bank Responsible Person Reviewer Supervisor The The Customer: Seal checked by: (Original reservation seal) Legal representative Unified number: The original (copy) of this Agreement ☐ has been received ☐ is not required from the Bank The Customer: Seal checked by: (Original reservation seal) Legal representative Unified number: The original (copy) of this Agreement ☐ has been received ☐ is not required from the Bank The Customer: Seal checked by: (Original reservation seal) Legal representative Unified number: The original (copy) of this Agreement ☐ has been received ☐ is not required from the Bank Responsible Person Reviewer Supervisor Date: July 23, 2019
Other Special Provisions. PLEASE REFER TO CONTRACT NUMBER BRRY1403TE ON ALL CORRESPONDENCE INCLUDING STATEMENTS AND WIRE TRANSFERS GENERAL TERMS: CONOCO’S GENERAL PROVISIONS FOR DOMESTIC CRUDE OIL AGREEMENTS DATED JANUARY 1, 1993 ARE INCORPORATED HEREIN BY REFERENCE AND MADE PART OF THIS AGREEMENT. IN THE EVENT OF A CONFLICT BETWEEN THESE GENERAL TERMS AND CONDITIONS AND THE SPECIFIC TERMS AND CONDITIONS OF THE AGREEMENT, THE SPECIFIC TERMS AND CONDITIONS SHALL GOVERN. PAYMENT TERMS: IN CONSIDERATION FOR THE MUTUAL EFFICIENCIES ARISING FROM NET SETTLEMENT, UNLESS OTHERWISE SPECIFIED, THE PARTIES WILL USE THE FOLLOWING PROCEDURE, EXCEPT AS TO CONTRACTS FOR THE DELIVERY OF CRUDE OIL AND/OR CONDENSATE DELIVERED BY TANKER(S) AND CONTRACTS SECURED BY PREPAYMENT AND/OR DOCUMENTARY LETTER(S) OF CREDIT, WHICH SHALL BE EXCLUDED FROM THIS CLAUSE AND PAID ACCORDING TO THE PROVISIONS OF THE APPLICABLE CONTRACTS BETWEEN THE PARTIES. THE PARTIES SHALL CONTINUE TO ISSUE INVOICES. IN ACCORDANCE WITH CONTRACT TERMS, IN THE NORMAL COURSE OF BUSINESS. ON OR BEFORE THE 20TH CALENDAR DAY (OR THE PRECEDING BUSINESS DAY, IF THE 20TH IS NOT A BUSINESS DAY) OF THE MONTH FOLLOWING THE MONTH DURING WHICH DELIVERIES OCCUR PURSUANT TO TERMS OF CONTRACTS BETWEEN THE PARTIES, THE PARTIES WILL COMMUNICATE AND CONFIRM THE INVOICED AMOUNTS TO BE INCLUDED IN THE NET PAYMENT (OR NET SETTLEMENT) OF ACCOUNTS. ANY REMAINING BALANCE SHALL BE PAID BY THE PARTY OWING SUCH AMOUNT TO THE OTHER PARTY ON THE DATE THE GROSS AMOUNTS ARE DUE PER THE CONTRACTS. TITLE TRANSFER: BY TRANSFER FROM DELIVERING PARTY’S TO RECEIVING PARTY’S ACCOUNT AT THE LOCATION(S) DESCRIBED HEREIN, AT WHICH POINT(S) TITLE SHALL PASS AS EVIDENCED BY RUN TICKETS/ALLOCATION STATEMENTS ISSUED BY THE CARRIER(S) INVOLVED. FINAL AGREEMENT: THIS CONTRACT, INCLUDING THE ABOVE REFERENCED GENERAL TERMS COMPRISES THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND MERGES AND SUPERSEDES ALL PRIOR REPRESENTATIONS AND UNDERSTANDINGS BETWEEN THE PARTIES HERETO COVERING THE SUBJECT MATTER HEREOF. ASSIGNMENT CLAUSE: NEITHER PARTY SHALL ASSIGN THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE OTHER. NOTWITHSTANDING THE FOREGOING, EXXONMOBIL OIL CORPORATION SHALL HAVE THE RIGHT TO ASSIGN THIS AGREEMENT TO AN AFFILIATE WITHOUT WRITTEN CONSENT, BY PROVIDING WRITTEN NOTICE TO THE OTHER PARTY.
