PROJECT MODIFICATION OR FAILURE Sample Clauses

PROJECT MODIFICATION OR FAILURE. If, after the Enforcement Date, any of the projects or other measures set forth in Articles 5.2.3.1, 6, 7.3.1, or 7.3.3 fail, are determined to be infeasible, do not receive necessary permits, or for any other reason fail to meet the objectives of the Parties as reflected in the terms of this Settlement Agreement, the Parties shall reconvene and negotiate in an attempt to agree on modified or alternative projects or measures that are otherwise consistent with this Settlement Agreement and secure to the Parties the benefits of their bargain, including the permit exemptions and the waiver of protests, objections, or opposition in any manner to any applicable permits that are consistent with the Settlement Agreement and that are necessary for the construction and operation of the modified or alternative projects or measures contained in this Settlement Agreement. In addition, if, after the Enforcement Date, EPWSD, TVAA, or the MDWCAs receive funding from the State that is not adequate to acquire and transfer the water rights set forth in Articles 6.1.2, 6.3.1.8, and 6.4.4, the Water Rights Owning Parties shall reconvene and negotiate in an attempt to obtain funding sufficient to complete the acquisition and transfer of those water rights. The Mitigation Well System is an integral part of this Settlement Agreement. If it fails or is not used as the means of providing surface water offsets required by the Water Rights Owning Parties’ Future Groundwater Diversions as set forth in Article 7.3.3.1.10, then a critical part of the Settlement Agreement which all Parties have bargained for will be removed. Under such circumstances, the Water Rights Owning Parties shall reconvene and negotiate terms and provisions which will provide mutually acceptable alternative solutions.
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Related to PROJECT MODIFICATION OR FAILURE

  • Renegotiation or Modification The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes to this Agreement necessary. In addition to changes necessitated by law, DEO may at any time, with written notice to Grantee, make changes within the general scope of this Agreement. Such changes may include modification of the requirements, changes to processing procedures, or other changes as decided by DEO. Any investigation necessary to determine the impact of the change shall be the responsibility of Grantee. Modifications of provisions of this Agreement shall only be valid when they have been reduced to writing and duly signed and dated by all Parties.

  • Amendment; Modification No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

  • Modification; Waiver No provision of this Agreement may be modified, waived or discharged unless modification, waiver or discharge is agreed to in writing signed by the Employee and such officer of the Company as may be specifically designated by its Board of Directors. No waiver by either party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

  • Cost Modifications The parties may agree to a reduction in the cost of the Contract at any time during which the Contract is in effect. Without intending to impose a limitation on the nature of the reduction, the reduction may be to hourly, staffing or unit costs, the total cost of the Contract or the reduction may take such other form as the State deems to be necessary or appropriate.

  • Modification or Amendment Subject to the provisions of the applicable Laws, at any time prior to the Effective Time, the parties hereto may modify or amend this Agreement, by written agreement executed and delivered by duly authorized officers of the respective parties.

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