Paragraph Five. The parameters quoted in Paragraphs One and Two of this Section and in APPENDIX V of this CONTRACT refer exclusively to the Periodic Revenue Review and cannot be invoked for the purpose of economic and financial rebalancing of this CONTRACT. Paragraph Six – XXXXX may review the amount of ALLOWED ANNUAL REVENUE - RAP, in order to contribute to the modicity of tariffs of the PUBLIC SERVICE OF ELECTRIC POWER TRANSMISSION, whenever there is revenue earned from other activities. Paragraph Seven - The establishment of new amounts of ALLOWED ANNUAL REVENUE, resulting from adjustments and revisions, as defined in the legislation and in this CONTRACT, will only be performed through XXXXX Resolution. SECTION EIGHT – SERVICE INSPECTION Paragraph One – The inspection shall cover the monitoring and control of the TRANSMISSION UTILITY's actions in the administrative, technical, commercial, economic, financial and accounting areas, and XXXXX may establish procedural guidelines or suspend actions deemed incompatible with the provision of the service granted or which could compromise the economic and financial balance of the concession. Paragraph Two – The inspection by XXXXX does not exempt or diminish the responsibilities of the TRANSMISSION UTILITY for the adequacy of its works and facilities, the object of the bidding, the correction and legality of accounting records, financial and commercial operations and the quality of services rendered. Paragraph Three – ANEEL's personnel or its specially appointed agents shall have free and unrestricted access, at any time, to any and all documentation, works, installations and equipment related to the PUBLIC SERVICE OF ELECTRIC POWER TRANSMISSION, including their accounting records, as they may request , to any sector or person of the TRANSMISSION UTILITY, in the manner deemed necessary, information and clarifications that allow to verify the correct performance of this CONTRACT, as well as the data considered necessary for the statistical control and planning of the national electrical system, whereas the TRANSMISSION UTILITY is prohibited to restrict, under any claim, the provisions of this Paragraph. Paragraph Four – Non-compliance by the TRANSMISSION UTILITY with ANEEL's requests and determinations will imply the application of the penalties provided for in the regulatory norms on the subject or defined in the sections of this CONTRACT.
Paragraph Five. For the purposes of item II of the main section of this Clause, the following definitions are adopted:
Paragraph Five. For the purposes of the special obligation referred to in item IV of this Clause, the CLIENT is considered aware of: I - receipt of summons, subpoena or notification, judicial or out-of-court, made by a judicial or administrative authority. II - communication of the fact by the CLIENT to the competent authority; and III - adoption of a measure by the CLIENT to correct and/or remedy the damages.
Paragraph Five. The Electric Distribution Lines and Systems of the Company, including the structures, towers, poles, wires, insulators and appurtenances, appliances, conductors, conduits, cables, transformers, meters, regulator stations and regulators, accessories, devices and equipment and all of the Company’s other property, real, personal or mixed, forming a part of or used, occupied or enjoyed in connection with or in anywise appertaining to said distribution lines and systems, together with all of the Company’s rights-of-way, easements, permits prescriptions, privileges, municipal or other franchises, licenses, consents, immunities and rights for or relating to the construction, maintenance or operation thereof, through, over, across, under, or upon any public streets or highways or other lands or property, public or private, all located in the Parish of Orleans, State of Louisiana. The Gas Distributing Systems of the Company, whether now owned or, subject to the provisions of Section 15.03 hereof, hereafter acquired, including gas regulator stations, gas main crossings, odorizing equipment, gas metering stations, shops, service buildings, office buildings, expansion tanks, conduits, gas mains and pipes, mechanical storage sheds, boilers, service pipes, fittings, city gates, pipelines, booster stations, reducer stations, valves, valve platforms, connections, meters and all appurtenances, appliances, devices and equipment and all the Company’s other property, real, personal or mixed forming a part of or used, occupied or enjoyed in connection with or in anywise appertaining to said distributing systems, or any of them, together with all of the Company’s rights-of-way, easements, prescriptions, servitudes, privileges, immunities, permits and franchises, licenses, consents and rights for or relating to the construction, maintenance or operation thereof, in, on, through, across or under any public streets or highways or other lands or property, public or private, including all the Company’s right, title and interest in and to the following situated in the State of Louisiana:
Paragraph Five. For the purposes of item II of the head provision of this Clause, the following definitions are adopted:
Paragraph Five. For the purposes of the special obligation referred to in item V of this Clause, the CLIENT is considered aware of:
Paragraph Five. The ALLOWED ANNUAL REVENUE - RAP will be billed by the TRANSMISSION UTILITY in twelfths, each calendar month, to the USERS of the BASIC NETWORK, according to XXXXX Regulations and terms and conditions established in the CPST. Paragraph Six - The ALLOWED ANNUAL REVENUE - RAP will be discounted, based on a reduction on a monthly basis, due to the unavailability and/or reduction of the operational capacity of the TRANSMISSION FUNCTIONS (FTs), according to XXXXX Regulations. Paragraph Seven - The portion relating to the discount defined in the previous Paragraph cannot exceed the ALLOWED ANNUAL REVENUE discount limits established in the CPST and XXXXX Normative Resolution No. 729 of June 28, 2016, for the continuous period of 12 (twelve) months prior to the month of occurrence of the event, including this month.
Paragraph Five. The Adviser agrees that the Sub-Adviser shall not be expected to recommend the purchase or sale of any security or other investment instrument (such as a credit default swap) to the extent applicable on behalf of any Fund on the basis of any information which might cause such purchase or sale to, in the Sub-Adviser’s opinion, constitute a violation of any federal or state laws, rules or regulations. The Sub-Adviser shall use its best judgment in carrying out its duties hereunder, but does not guarantee investment results. No past performance of the Sub-Adviser or its affiliates should be relied upon or considered a reliable indicator of present or future performance.
Paragraph Five. The CLIENT undertakes to: I - modify or supplement, by means of an endorsement, the conditions of the insurance deemed insufficient by the CREDITOR, taking into account the valuation of the asset carried out or accepted by him;
Paragraph Five. The Executive and the Company understand and agree that each has the right, upon fourteen (14) days' written notice (hereinafter referred to as the "Notice Period"), to terminate the employment relationship for any reason whatsoever. The Company may, at its option, pay the Executive for the Notice Period in lieu of active employment during the Notice Period. It is further agreed that Company may terminate such employment without any notice in the event Executive breaches this Agreement, commits any dishonest or fraudulent act or is unable to lawfully perform his duties hereunder.
