Public Utility Commission. The Parties acknowledge that the System, the System Operations, the Utility Services to be provided by the Concessionaire and the Operator under this Agreement and the imposition of Service Charges may be or become subject to the jurisdiction of the PUC and the applicable provisions of the Public Utility Code of Pennsylvania, Title 66 of the Pennsylvania Consolidated Statutes. To the extent required by Law, the Concessionaire and the Operator shall obtain from the PUC and shall retain a valid Certificate of Public Convenience with respect to the System and the System Operations.
Public Utility Commission. “PUC”). Notwithstanding anything contained herein to the contrary, if the PUC assumes jurisdiction of the Project under the Public Utility Code of 1978, Act of July 1, 1978, P.L. 598, as amended, the parties shall be bound by any orders issued by the PUC or decisions of an appropriate tribunal after the exhaustion of all appeals.
Public Utility Commission of Oregon, 9 F.3d 807, 811 (9th Cir. 1993), the Court held that the Boiler Act did not preempt an Oregon scheme restricting the sounding of locomotive whistles, because that restriction “neither limits nor expands the type of equipment with which locomotives are required to be equipped.”
Public Utility Commission. 42 Section 18.1: Approval............................................................ 42
Public Utility Commission. The Administrative Agent (a) shall have completed, to its satisfaction in all respects, business, legal, tax, financial, accounting and environmental due diligence investigation of the Joint Venture and all agreements related thereto and (b) shall be satisfied in all respects with the status of any matters regarding the Joint Venture pending and/or under review by the Public Utility Commission of the State of Texas.
Public Utility Commission. The Developer hereby agrees to comply with all the requirements of the Woodstock Public Utility Commission as outlined in Schedule `E’ attached hereto.
Public Utility Commission. The Parties acknowledge that the System, the System Operations, the Utility Services to be provided by the Concessionaire and the Operator under this Agreement and the imposition of Service Charges may become subject to the jurisdiction of the PUC and the applicable provisions of the Public Utility Code of Pennsylvania, Title 66 of the Pennsylvania Consolidated Statutes. If the PUC exercises jurisdiction over any matter that is the subject of this Agreement, then the Borough and the Concessionaire will negotiate in good faith to revise this Agreement to address any changes to the Agreement required to (i) address the matters subject to PUC jurisdiction and (ii) provide both Parties materially equivalent benefits hereunder as if such exercise of jurisdiction had not occurred. If the Parties cannot reach agreement on such revisions, or if such revisions are determined by the Borough Council, acting in its sole discretion, to be inadequate to provide the Parties materially equivalent benefits hereunder as if such exercise of jurisdiction had not occurred, then subject to the payment of Termination Compensation under Section 16.5, the Borough Council acting in its sole discretion may exercise an option to terminate this Agreement by written notice delivered to the Concessionaire within 90 days after the last meeting between the Parties to discuss such revisions.
