Other Suspension Rights and Obligations; Cure Sample Clauses

Other Suspension Rights and Obligations; Cure. Buyer shall have the right to suspend performance under a Confirmation if Buyer, in its reasonable judgment, determines through operating experience that the Coal delivered to Buyer by Seller at the Plant cannot reasonably be utilized at the Plant using Buyer’s then existing equipment, facilities, practices, and processes, even though the Coal complies with the requirements set forth in the Confirmation. In the event Buyer desires to exercise its suspension rights, Buyer shall provide Seller with written notice, which written notice shall identify the Plant and provide a detailed summary of the issue(s) attributed to the coal and shall include copies of any technical documentation then in Buyer’s possession supporting such claims (the “Suspension Notice”). For a period of thirty (30) days from and after Seller’s receipt of the Suspension Notice (the “Suspension Period”), Buyer and Seller shall work together in good faith to resolve the issues identified in the Suspension Notice. During the Suspension Period: (i) Seller shall permit Buyer reasonable access to the Approved Production Sources and related facilities hereunder and to all engineering and quality data related thereto, subject to any confidentiality requirements of Seller, (ii) Buyer shall permit Seller reasonable access to the Plant and all related facilities and to all engineering data related thereto, subject to any confidentiality requirements of Buyer, and (iii) Buyer and Seller shall each have the right, but not the duty, to appoint a representative to participate in any and all discussions relating to the identified issue(s) and to recommend procedures such that the Coal can be reasonably utilized at the Plant. Buyer will consider, but will not in any way be obligated, to modify, add to, or remove existing equipment, facilities, practices, and processes at the Plant, whether related to utilizing or to handling of the Coal. Not later than five (5) Business Days following the end of the Suspension Period, Seller may provide Buyer with written assurances that Seller has either (i) modified the characteristics of the Coal to be shipped hereunder (whether specifically set forth in the Quality Specifications or not) to meet both the requirements, if any, and specifications of a Confirmation, as they may have been amended, or (ii) committed to provide coal from an alternative Buyer-approved source (Buyer’s approval not to be unreasonably withheld, conditioned or delayed) that will be in compliance...
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Related to Other Suspension Rights and Obligations; Cure

  • Other Rights and Obligations of the Authority Upon Termination for any reason whatsoever, the Authority shall:

  • Rights and Obligations of Parties The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

  • Rights and Obligations upon Termination (a) In the event of Employer’s termination of the Term (and Executive’s employment) pursuant to Section 5.3 (which, for the avoidance of doubt, is a termination Without Cause), Employer shall pay Executive:

  • Rights and Obligations Except as expressly set forth in this Agreement, no Member, in its capacity as a Member, will have any right, power or authority to transact any business in the name of the Series, participate in the management of the Series or to act for or on behalf of or to bind the Series. A Member will have no rights other than those specifically provided herein or granted by law. Except as required by the Act, no Member, solely by reason of being a member, shall be liable for the debts, liabilities, obligations or expenses of the Series.

  • RIGHTS AND OBLIGATIONS OF NWESD The NWESD Board of Directors and Superintendent agree to provide educational services pursuant to requirements of the Office of the Superintendent of Public Instruction (OSPI). All staff for the Program shall be employed by the NWESD and subject to the policies and rules and regulations of the NWESD, including regulations pertaining to RCW 28A.400.303, RCW 28A.400.322 and RCW 28A.400.330, and teacher certification as required by the State of Washington. In accordance with this Agreement, the NWESD shall:

  • Survival of rights and obligations The provisions relating to Access Rights and Confidentiality, for the time period mentioned therein, as well as for Liability, Applicable law and Settlement of disputes shall survive the expiration or termination of this Consortium Agreement. Termination shall not affect any rights or obligations of a Party leaving the Consortium incurred prior to the date of termination, unless otherwise agreed between the General Assembly and the leaving Party. This includes the obligation to provide all input, deliverables and documents for the period of its participation.

  • Rights and Obligations of Members Section 6.1

  • RIGHTS AND OBLIGATIONS OF THE PARTIES 13.2.1 The client shall be under obligation:

  • Reaffirmation of Rights and Obligations The Parties reaffirm their rights and obligations relating to technical regulations, standards and conformity assessment procedures under the TBT Agreement.

  • Transfer of rights and obligations 12.1 Lender has the right to transfer all or part of the right in this contract to a third party, the transferring actions do not need to acquire the consent of the borrower. If without the consent of the lender in writing, the borrower cannot transfer any right and obligations in this contract to a third party.

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