Renegotiation of Certain Terms Sample Clauses
Renegotiation of Certain Terms. Notwithstanding the foregoing, upon delivery of written notice at least ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, either Party may require negotiations of the rates, prices and charges, terms, and conditions of the services to be provided under this Agreement effective upon such expiration. If the Parties are unable to satisfactorily negotiate such new rates, prices, charges and terms within sixty (60) days of such written notice, either Party may petition the Commission or take such other action as may be necessary to establish appropriate terms. If the Parties are unable to mutually agree on such new rates, prices, charges, terms and conditions or the Commission does not issue its order, the Parties agree that the rates, terms and conditions ultimately ordered by such Commission or negotiated by the Parties shall be effective retroactive to such expiration date.
Renegotiation of Certain Terms. 21.2.1 Notwithstanding the foregoing, upon delivery of written notice at least one hundred twenty (120) days prior to the expiration of the Initial Term or any Renewal Term, either Party may require negotiations of the rates, prices and charges, terms, and conditions of the services to be provided under this Agreement effective upon such expiration. If the Parties are unable to satisfactorily negotiate such new rates, prices, charges and terms within sixty (60) days of such written notice, either Party may petition the Commission or take such other action as may be necessary to establish appropriate terms. If the Parties are unable to mutually agree on such new rates, prices, charges, terms and conditions or the Commission does not issue its order, the Parties agree that the rates, terms and conditions ultimately ordered by such Commission or negotiated by the Parties shall be effective retroactive to such expiration date.
21.2.2 If this Agreement is renewed past the Initial Term, the wholesale discounts as set forth in the Pricing Schedule shall be subject to review and adjustment by the Commission upon the expiration of the Initial Term of this Agreement, unless the Parties are able to satisfactorily negotiate resale discounts to be applied during the Renewal Term(s). The Parties agree that the resale discount ultimately ordered by the Commission or negotiated by the Parties shall be retroactive to the expiration date of the Initial Term.
Renegotiation of Certain Terms. Notwithstanding anything to the contrary in Section 21.1, upon delivery of written notice at least one hundred twenty (120) days prior to the expiration of the Initial Term or any Renewal Term, either Party may require negotiations of any or all of the rates, prices, charges, terms, and conditions of the products and services described in this Agreement, with such resulting rates, prices, charges, terms and conditions to be effective upon expiration of the Term. Upon receipt of notice, each Party shall have a good faith obligation to engage in such negotiations. If the Parties are unable to satisfactorily negotiate such new rates, prices, charges and terms within ninety (90) days of such written notice, either Party may petition the Commission or take such other action as may be necessary to establish appropriate terms. If prior to the expiration of the Term, the Parties are unable to mutually agree on such new rates, prices, charges, terms and conditions, or the Commission has not issued its order to establish such provisions, the Parties agree that the rates, terms and conditions ultimately ordered by such Commission or negotiated by the Parties shall be effective retroactive to the expiration date of such Term.
Renegotiation of Certain Terms. Notwithstanding anything to the contrary in Section 21.1, upon delivery of written notice at least one hundred twenty (120) days prior to the expiration of the Initial Term or any Renewal Term, either Party may require negotiations of the rates, prices and charges, terms, and conditions of the services to be provided under this Agreement effective upon such expiration. If the Parties are unable to satisfactorily negotiate such new rates, prices, charges and terms within ninety
Renegotiation of Certain Terms. 1 11.3 Default .............................................................................................. -12- 11.4 Payment Upon Expiration or Termination ................................................... INDEMNIFICATION .....................................................................................
Renegotiation of Certain Terms. 78 21.3 Default.........................................................................79 21.4 Transitional Support............................................................79 21.5 Payment Upon Expiration or Termination..........................................79 ARTICLE XXII [NOT USED]..............................................................................79 ARTICLE XXIIICANCELLATION CHARGES....................................................................79 ARTICLE XXIVSEVERABILITY.............................................................................80 24.1 Severability....................................................................80 24.2 Non-Contravention of Laws.......................................................80
Renegotiation of Certain Terms. This Article V is ------------------------------ --------- subject to Section 7.07 of the Partnership Agreement. ------------
Renegotiation of Certain Terms. (a) Commencing June 1, ------------------------------ 2001, the Partners and their respective Guarantors shall engage in good faith negotiations to review and, if agreed, revise the Coating Fees payable to the Partnership by the Primary Purchasers and MSCWC under their respective Coating Agreements, the Operator's Fees payable to the Operator by the Partnership under the Operating Agreement and any operational matters necessary or advisable to achieve the Partnership's purposes, including, without limitation, matters responsive to any changes from July 1, 1998 in the effective cost of the services provided under the Operating Agreement and the Coating Agreements and any changes from July 1, 1998 in the efficiency or competitiveness of the EG Facility or the market for the products produced at the EG Facility. Any such revisions shall require agreement by all of the Partners and shall be effective commencing January 1, 2002.
(b) If the Partners and their respective Guarantors cannot reach agreement with respect to one or more matters discussed pursuant to Section 7.07(a) by --------------- September 30, 2001, such matters shall be referred for resolution in accordance with the provisions of Section 14.01 (disregarding for this purpose the last ------------- sentence thereof).
(c) If one or more any matters referred for resolution pursuant to Section ------- 7.07(b) is not resolved by October 31, 2001, all such matters shall be resolved ------- conclusively as follows: On or before November 7, 2001, each Partner shall submit to an expert retained by the Partnership in accordance with the relevant provisions of Section 14.03 (and simultaneously to the other Partners) a ------------- proposal which shall be limited to (i) a schedule of such Partner's proposed revisions to the Coating Fees payable to the Partnership by the Primary Purchasers and MSCWC under their respective Coating Agreements and the Operating Fees payable to the Operator by the Partnership under the Operator's Agreement and (ii) position papers explaining and justifying such Partner's proposed pricing revisions (each Partner's submission, a "Proposal"). Under this Section ------- 7.07(c), only pricing terms shall be subject to revision and, accordingly, no ------- Partner shall submit a Proposal that, directly or indirectly, involves or would require, and the expert shall not consider, directly or indirectly, any revision to any provision or term of any Definitive Agreement other than those te...
Renegotiation of Certain Terms. 82 21.3 Default.......................................... 83 21.4 Transitional Support............................. 83 21.5 Payment Upon Expiration or Termination........... 83
Renegotiation of Certain Terms. Notwithstanding the foregoing, upon delivery of written notice at least one hundred twenty (120) days prior to the expiration of the Initial Term or any Renewal Term, either Party may require negotiations of the rates, prices and charges, terms, and conditions of the services to be provided under this Agreement effective upon such expiration. If the Parties are unable to satisfactorily negotiate such new rates, prices, charges and terms within ninety (90) days of such written notice, either Party may petition the Commission or take such other action as may be necessary to establish appropriate terms. If prior to the applicable expiration date, the Parties are unable to mutually agree on such new rates, prices, charges, terms and conditions or the Commission does not issue its order, the Parties agree that the rates, terms and conditions ultimately ordered by such Commission or negotiated by the Parties shall be effective retroactive to such expiration date.