Permitting and Compliance with Laws Sample Clauses

Permitting and Compliance with Laws. Gatherer hereby represents, guarantees, and warrants that it: (i) has all necessary rights at law to perform the Services, (ii) is licensed to perform the Services; (iii) is registered with the appropriate Governmental Authorities; (iv) has and will maintain all applicable permits, and (v) will comply with all Applicable Law, in each case, as the Services are to be performed hereunder. If during the Term of this Agreement, Gatherer becomes obligated as a result of a Change in Law Event to bear Compliance Costs, Gatherer shall so notify Producer in writing and Gatherer shall have the right to recover the pro rata portion of such Compliance Costs (based on each customer’s aggregate volume of Produced Water delivered to the System during the last [***] Months prior to the date of Gatherer’s notice of a Service Fee increase under this Section, which such ratable allocation shall be recomputed for each successive [***] Month period Gatherer incurs such Compliance Costs). Gatherer shall recover Producer’s ratable portion of such Compliance Costs by a corresponding increase in the Service Fee then in effect; provided that for Compliance Costs consisting of capital expenses, Producer’s pro rata portion of such expenses shall be recovered over a minimum of the next ensuing [***] contract years or, if less than [***] years remain in the Term, over the number of years remaining in the Term. Notwithstanding the foregoing provisions of this Section, if the expenses sought to be recovered from Producer involve the addition of any facilities having a useful life longer than the remaining Term, in lieu of a Service Fee increase that recovers the cost of such facilities, and only to the extent Gatherer reasonably determines that it can economically recover the costs of such additional facilities, Producer shall only be responsible for an incremental Service Fee increase determined by the cost of the facilities, depreciated over a[***] -year period, with an annual return on the investment of [***]. The Parties expressly agree that any proposed increase under this Section that would result in the Service Fee being increased, in the aggregate for all such increases under this Section, by more than [***] per Barrel shall require the prior written approval of Producer, and if such approval is not granted by Producer within [***] days of Gatherer’s written request therefor and Gatherer is unwilling to bear the excess costs (which Gatherer shall so confirm to Producer in writing ...
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Permitting and Compliance with Laws. Uninsured Damage from Casualty; Property Condition. Except as set forth in Schedule 3.2(j)(ii) and except with respect to the Development Properties, to BPP's knowledge there has been obtained and is in full force and effect (i) any material currently required certificate, permit or license (including certificates of occupancy (or equivalent) for tenant space) from any Authority having jurisdiction over any Company Property and (ii) any agreement, easement or other right which is necessary to permit the lawful use, occupancy or operation of the existing buildings, structures or other improvements which constitute a part of any of the Company Properties as currently used, occupied or operated or which are necessary to permit the lawful use and operation of any current utility service to any Company Property or of any currently utilized driveways, roads or other currently utilized means of egress and ingress to and from any of the Company Properties and there is not pending, or to BPP's knowledge, threatened (in writing) Action against BPP for the cancellation or material adverse modification of any of same. To BPP's knowledge (provided, however, that with respect to the Properties listed on Schedule 3.2(j)(ii)(A), such representation shall be absolute, and shall not be qualified by knowledge, with respect to uses allowed under zoning laws ), each Company Property is in material compliance (compliance being deemed to include for such purposes pre-existing lawful zoning nonconformities) with each federal, state or municipal law, ordinance, order, regulation or requirement, including any applicable zoning law or building code, or any insurance requirements applicable to any Company Property. Except as 60
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Related to Permitting and Compliance with Laws

  • Use and Compliance With Laws 8 6. TENANT IMPROVEMENTS & ALTERATIONS.................................. 11 7.

  • Litigation and Compliance with Laws (a) Except as disclosed in the Borrower’s Annual Report on Form 10-K for 2019 or any subsequent report filed by the Borrower on Form 10-Q or Form 8-K with the SEC since December 31, 2019, there are no actions, suits, proceedings or investigations pending or, to the knowledge of the Borrower or the Guarantors, threatened against the Borrower or the Guarantors or any of their respective properties (including any properties or assets that constitute Collateral under the terms of the Loan Documents), before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that (i) are likely to have a Material Adverse Effect or (ii) would reasonably be expected to affect the legality, validity, binding effect or enforceability of the Loan Documents or, in any material respect, the rights and remedies of the Administrative Agent or the Lenders thereunder or in connection with the Transactions.

  • Compliance with Laws Comply in all material respects with the requirements of all Laws and all orders, writs, injunctions and decrees applicable to it or to its business or property, except in such instances in which (a) such requirement of Law or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted; or (b) the failure to comply therewith could not reasonably be expected to have a Material Adverse Effect.

  • Compliance with Laws and Policies Employee agrees that he will at all times comply with all applicable laws and all current and future lawful policies of the Company, not inconsistent with the intent of this agreement.

  • COMPLIANCE WITH LAWS IN GENERAL Company, Shareholders and Company's licensed professional employees, and the conduct of the Business and use of the Assets, have complied with all applicable laws, rules, regulations and licensing requirements, including, without limitation, the Federal Environmental Protection Act, the Occupational Safety and Health Act, the Americans with Disabilities Act and any environmental laws and medical waste laws, and there exist no violations by Company, any Shareholder or any licensed professional employee of Company of any Federal, state or local law or regulation. Company and Shareholders have not received any notice of a violation of any Federal, state and local laws, regulations and ordinances relating to the operations of the Business and Assets and no notice of any pending inspection or violation of any such law, regulation or ordinance has been received by Company.

  • Compliance with Laws, Etc Comply, and cause each of its Subsidiaries to comply with all applicable laws, rules, regulations and orders, such compliance to include, without limitation, compliance with ERISA and Environmental Laws, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.

  • Litigation and Compliance with Law Except as set forth in Schedule 5.17, there are no claims, actions, suits or proceedings, pending or, to the knowledge of the Companies and the Stockholders, threatened against or affecting any Company, at law or in equity, or before or by any Governmental Authority having jurisdiction over such Company. No written notice of any claim, action, suit or proceeding, whether pending or threatened, has been received by any Company and, to the Stockholders' and the Companies' knowledge, there is no basis therefor. Except to the extent set forth in Schedule 5.17, each Company has conducted and is conducting its business in compliance with all Laws applicable to such Company, its assets or the operation of its business.

  • Compliance with Law The Company shall make reasonable efforts to comply with all applicable federal and state securities laws; provided, however, notwithstanding any other provision of the Plan and this Agreement, the Company shall not be obligated to issue any Common Stock pursuant to this Agreement if the issuance thereof would result in a violation of any such law.

  • General Compliance With Laws 20 12. Termination ............................................................. 21 13.

  • Compliance with Laws; Use The Premises shall be used for the Permitted Use and for no other use whatsoever. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including the Americans with Disabilities Act (“Law(s)”), regarding the operation of Tenant’s business and the use, condition, configuration and occupancy of the Premises. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the “Base Building” (defined below), but only to the extent such obligations are triggered by Tenant’s use of the Premises, other than for general office use, or Alterations or improvements in the Premises performed or requested by Tenant. “

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