Re-Opener for New License Sample Clauses

Re-Opener for New License. 13.6.1 SMUD may re-open this Agreement no later than forty-five (45) days after the issuance of the New License, if the New License contains Flow-Related PM&E Measures that would require SMUD to change its operations and result in an Annual Loss of Net Generation Value of greater than five percent (5%). In such event, the following issues will be subject to renegotiation: (i) increases in the Daily Net Storage Threshold; (ii) accommodation of other physical and operational constraints resulting from the PM&E Measures; (iii) corresponding reductions in, or changes in the timing of, deliveries to, and storage for the El Dorado Parties under this Agreement; and (iv) amount of and measure for any modification in the payments due from the El Dorado Parties to SMUD under Article VIII hereof. SMUD may only exercise its right under this re-opener prior to the date the New License is issued under the terms of this Agreement if both (a) the El Dorado Parties are receiving Annual Deliveries or deliveries from Carryover Storage; and (b) SMUD is unsuccessful in seeking a stay of implementation of the Flow-Related PM&E Measures pending action under Section 313 of the Federal Power Act or under state law provisions governing appeals of conditions of a Clean Water Act 401 certification and/or an NPDES permit. To the extent SMUD is ultimately successful in its challenge to the inclusion of the Flow-Related PM&E Measures in its New License or its challenges to the 401 Certification or the NPDES Permit, the Parties will modify the renegotiated terms accordingly. The criteria set forth in Section 13.2 above will be applied to ensure that (a) the operational considerations specified in Section 13.2 are not materially impaired by deliveries to and storage for the El Dorado Parties; and (b) payments from the El Dorado Parties to SMUD are commensurate with the changes resulting from the Flow-Related PM&E Measures. 13.6.2 For purposes of Section 13.6.1, (i) the Annual Loss of Net Generation Value of the UARP will be determined taking into account the increase or decrease that operation of the Iowa Hill Development would have on the Net Generation Value of the UARP 13.6.3 If SMUD ultimately elects not to construct the Iowa Hill Development, SMUD may reopen this Agreement, and the issues subject to renegotiation will be as specified in Section 13.6.1 without reference to the Iowa Hill Development.
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Related to Re-Opener for New License

  • End User License Agreement This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License. xxxx://xxxxxxxxxxxxxxx.xxx/licenses/by-nc-nd/3.0/ You are free to: Share: to copy, distribute and transmit the work Under the following conditions: Attribution: You must attribute the work in the manner specified by the author (but not in any way that suggests that they endorse you or your use of the work).

  • Server License We grant you a non-assignable, non-sublicensable, non-exclusive, worldwide right and license to internally use and install the Software on the number of Server(s) listed in the Order Form for Commercial purposes. Unless stated otherwise in the Order Form, for the purposes of this license grant, you may install the Software on one (1) Machine as a substitute for, and not in addition to, one (1) Server. The total count of Server(s) where the Software is installed must not exceed the number of licenses purchased on the applicable Order Form(s).

  • Development License Subject to the terms and conditions of this XXXX, You are licensed to perform an installation of the SOFTWARE for an unlimited use in designing, testing and creating Developed Software by unlimited Developers on one or more computers.

  • Geographic Area and Sector Specific Allowances, Conditions and Exceptions The following allowances and conditions shall apply where relevant. Where the Employer does work which falls under the following headings, the Employer agrees to pay and observe the relevant respective conditions and/or exceptions set out below in each case.

  • Developer License We grant you a non-assignable, non-sublicensable, non-exclusive, worldwide right and license for the number of Developer(s) indicated in the Order Form to install the Software on any number of Machines in order to internally use the Software to create, develop and test Applications. For clarity, a single Software license may be re-allocated to another Developer in the event that the original Developer is no longer employed by you or has been assigned to a new role where access to the Software will no longer be required on a permanent basis.

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  • SERVICES NOT EXCLUSIVE/USE OF NAME Your services to the Fund pursuant to this Agreement are not to be deemed to be exclusive, and it is understood that you may render investment advice, management and other services to others, including other registered investment companies, which may or may not be a series of the Trust, provided, however, that such other services and activities do not, during the term of this Agreement, interfere in a material manner, with your ability to meet all of your obligations with respect to rendering services to the Fund. For the avoidance of doubt, the rendering of investment advice, management or other services to any client including separate accounts, mutual funds and private funds, pursuant to a substantially similar strategy as that of the Fund will not be deemed to interfere in a material manner. The Trust and you acknowledge that all rights to the name “Xxxxxx” or any variation thereof belong to you or one or more of your affiliates, and that the Trust is being granted a limited license to use such words in the Fund’s name or in any class name. In the event you cease to be the adviser to the Fund, the Trust’s right to the use of the name “Xxxxxx” in the Fund’s name and in any class shall automatically cease on the ninetieth day following the termination of this Agreement. The right to the name may also be withdrawn by you during the term of this Agreement upon ninety (90) days’ written notice by you to the Trust. Nothing contained herein shall impair or diminish in any respect, your right to use the name “Xxxxxx” in the name of, or in connection with, any other business enterprises with which you are or may become associated. There is no charge to the Trust for the right to use this name.

  • SOURCE CODE ESCROW FOR LICENSED PRODUCT If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this clause. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product.

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