Receipt of PSC Approval; Conditional Approval Sample Clauses

Receipt of PSC Approval; Conditional Approval. (a) The obligations of the Parties to perform this Agreement, other than the Parties’ obligations under Articles VI, VII, VIII, IX, X, XV, XIX, XX and XXI, are contingent upon and shall not become effective or binding until the receipt of PSC Approval. NYSERDA shall file for PSC Approval and will use commercially reasonable efforts to make that filing within forty-five (45) days after the Effective Date. In the event that (i) the filing is not made within forty-five (45) days of the Effective Date, or (ii) PSC Approval is not received within one hundred fifty (150) days after filing, the Commercial Operation Milestone Date shall be extended by an equal number of days as the period of the delay; provided that if NYSERDA’s filing is delayed but PSC Approval occurs within one hundred ninety-five (195) days of the Effective Date, the Commercial Operation Milestone Date shall not be so extended. (b) In the event that the PSC issues an order imposing conditions or limitations on its approval of the Agreement and such conditions or limitations would (i) cause this Agreement or any material term hereof unless amended to be in violation of Applicable Law; (ii) materially and adversely affect Seller’s pricing or the revenues to be received by Seller; or (iii) materially change any of the requirements or obligations imposed on Seller hereunder, Seller shall notify NYSERDA within thirty (30) days of such order whether it elects to proceed with the Agreement or terminate the Agreement. If Seller elects to proceed with the Agreement, Seller and NYSERDA agree to modify this Agreement promptly so as to implement any such approval condition or limitations imposed by the PSC such that the Agreement will comply with Applicable Law. (c) In the event that the PSC does not issue an order on NYSERDA’s filing within one hundred ninety-five (195) days of the Effective Date, each of Seller and NYSERDA shall have the right to terminate this Agreement without liability as a result of such termination. If Seller or NYSERDA elects to terminate this Agreement under this paragraph, Seller shall be entitled to the return of the entirety of its Contract Security as provided in Article XV of this Agreement. (d) In the event that the PSC does not issue an order on NYSERDA’s filing within one hundred fifty-five (155) days of the Effective Date, and neither Seller nor NYSERDA terminates this Agreement pursuant to paragraph (c), above, the Pre-COD Milestone Dates shall be extended by a period e...
Sample 1
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Receipt of PSC Approval; Conditional Approval. (a) The obligations of the Parties to perform this Agreement, other than the Parties’ obligations under Articles VI, VII, VIII, IX, X, XIX, XX and XXI, are contingent upon and shall not become effective or binding until the receipt of PSC Approval. NYSERDA shall file for PSC Approval and will use commercially reasonable efforts to make that filing within forty-five (45) days after the Effective Date. This Agreement may be terminated by either NYSERDA or Seller in the event that PSC Approval is not received within one hundred fifty (150) days after filing, without liability as a result of such termination, subject to the return of Contract Security as provided in Article XV of this Agreement. (b) In the event that the PSC issues an order imposing conditions on PSC Approval and such conditions would cause this Agreement or any material term hereof unless amended to be in violation of Applicable Law, Seller shall notify NYSERDA within thirty (30) days of such order whether it elects to proceed with the Agreement or terminate the Agreement. If Seller elects to proceed with the Agreement, Seller and NYSERDA agree to modify this Agreement promptly so as to implement any such approval condition imposed by the PSC such that the Agreement will comply with Applicable Law. Article III‌
Sample 1

Related to Receipt of PSC Approval; Conditional Approval

  • Final Approval After Acceptance, Engineer shall perform any required modifications, changes, alterations, corrections, redesigns, and additional work necessary to receive Final Approval by the County. "Final Approval" in this sense shall mean formal recognition that the Engineering Services have been fully carried out.

  • FERC Approval Notwithstanding any other provision of this Appendix 2, no termination hereunder shall become effective until the Interconnected Entities and/or Transmission Provider have complied with all Applicable Laws and Regulations applicable to such termination, including the filing with the FERC of a notice of termination of the Interconnection Service Agreement, and acceptance of such notice for filing by the FERC.

  • Authorization, Approval, etc No authorization, approval, or other action by, and no notice to or filing with, any governmental authority, regulatory body or any other Person is required either (a) for the pledge by the Pledgor of any Collateral pursuant to this Pledge Agreement or for the execution, delivery, and performance of this Pledge Agreement by the Pledgor, or (b) for the exercise by the Collateral Agent of the voting or other rights provided for in this Pledge Agreement, or, except with respect to any Pledged Shares, as may be required in connection with a disposition of such Pledged Shares by laws affecting the offering and sale of securities generally, the remedies in respect of the Collateral pursuant to this Pledge Agreement.

  • HSR Approval The applicable waiting period under the HSR Act shall have expired or been terminated.

  • FCC Approval Notwithstanding anything to the contrary contained in this Agreement or in the other Loan Documents, neither the Administrative Agent nor any Lender will take any action pursuant to this Agreement or any of the other Loan Documents, which would constitute or result in a change in control of the Borrower or any of its Subsidiaries requiring the prior approval of the FCC without first obtaining such prior approval of the FCC. After the occurrence of an Event of Default, the Borrower shall take or cause to be taken any action which the Administrative Agent may reasonably request in order to obtain from the FCC such approval as may be necessary to enable the Administrative Agent to exercise and enjoy the full rights and benefits granted to the Administrative Agent, for the benefit of the Lenders by this Agreement or any of the other Loan Documents, including, at the Borrower’s cost and expense, the use of the Borrower’s best efforts to assist in obtaining such approval for any action or transaction contemplated by this Agreement or any of the other Loan Documents for which such approval is required by Law.

  • Project Approval The County may issue a Job Order Authorization for the Work, to include the firm-fixed-price of the Job Order and the project duration. Contractor agrees that all clauses of this Contract are applicable to any Job Order issued hereunder. The County reserves the right to reject a Contractor’s Quote based on unjustifiable quantities and/or methods, performance periods, inadequate documentation, or other inconsistencies or deficiencies on the Contractor’s part in the sole opinion of the County. The County reserves the right to issue a unilateral Job Order authorization for the Work if a Quote price cannot be mutually agreed upon. This is based upon unjustifiable quantities in the sole opinion of the County. The County also reserves the right to not issue a Job Order Authorization if the County’s requirement is no longer valid or the project is not funded. In these instances, the Contractor has no right of claim to recover Quote expenses. The County may pursue continuing valid requirements by other means where Contract was not reached with the Contractor.

  • New Project Approval Consultant and District recognize that Consultant’s Services may include working on various projects for District. Consultant shall obtain the approval of District prior to the commencement of a new project.

  • Course Approval Approval for dual credit shall be by the LEA and POSTSECONDARY INSTITUTION representatives on a course-by-course basis each semester based on the student’s prior coursework, career pathway, and/or academic readiness. There is no state limit to the number of credits a student may earn through dual credit in an academic term; however, the student must meet eligibility requirements.

  • Requisite Approvals Upon execution of this Agreement, it will have taken all necessary actions pursuant to its governing documents or other legally sufficient means to fully authorize the execution and delivery of this Agreement and any transaction documents related hereto, and the consummation of the transactions contemplated hereby and thereby.

  • Settlement Approval The approval of the Master Servicer need not be requested for disposition of insurance loss settlements and the Servicer may disburse the loss proceeds as provided herein.

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