Retention of agreement by parties Sample Clauses

Retention of agreement by parties. Any agreement that has been exempted by the Commission pursuant to section 16 of the Act (46 U.S.C. 40103) shall be retained by the parties and shall be available upon request by the Bureau of Trade Analysis for inspection during the term of the agreement and for a pe- riod of three years after its termi- nation. [69 FR 64414, Nov. 4, 2004, as amended at 74 FR 50727, Oct. 1, 2009] (a) Non-substantive modifications to effective agreements. A non-sub- stantive modification to an effective agreement between ocean common car- riers and/or marine terminal operators, acting individually or through ap- proved agreements, is one which: (1) Reflects changes in the name of any geographic locality stated therein, the name of the agreement or the name of a party to the agreement, the names and/or numbers of any other section 4 agreement (46 U.S.C. 40301(a)–(c)) or designated provisions thereof referred to in an agreement; (2) Corrects typographical and gram- matical errors in the text of the agree- ment or renumbers or reletters articles or sub-articles of agreements and ref- erences thereto in the text; or (3) Reflects changes in the titles of persons or committees designated therein or transfers the functions of such persons or committees to other designated persons or committees or which merely establishes a committee.
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Retention of agreement by parties. Any agreement that has been exempted by the Commission pursuant to section 16 of the Act (46 U.S.C. 40103) shall be retained by the parties and shall be available upon request by the Bureau of Trade Analysis for inspection during the term of the agreement and for a pe- riod of three years after its termi- nation. [69 FR 64414, Nov. 4, 2004, as amended at 74 FR 50727, Oct. 1, 2009] (a) Non-substantive modifications to effective agreements. A non-sub- stantive modification to an effective agreement between ocean common car- riers and/or marine terminal operators, acting individually or through ap- proved agreements, is one which: (1) Reflects changes in the name of any geographic locality stated therein, the name of the agreement or the name of a party to the agreement, the names and/or numbers of any other section 4 agreement (46 U.S.C. 40301(a)–(c)) or designated provisions thereof referred to in an agreement; (2) Corrects typographical and gram- matical errors in the text of the agree- ment or renumbers or reletters articles or sub-articles of agreements and ref- erences thereto in the text; or (3) Reflects changes in the titles of persons or committees designated therein or transfers the functions of such persons or committees to other designated persons or committees or which merely establishes a committee. (b) Other Miscellaneous Modifica- tions to effective agreements. A mis- cellaneous modification to an effective agreement is one that: (1) Cancels the agreement or a por- tion thereof; (2) Deletes an agreement party; (3) Changes the parties to a con- xxxxxxx agreement or a discussion agreement among passenger vessel op- erating common carriers that is open to all ocean common carriers operating passenger vessels of a class defined in the agreements and that does not con- tain ratemaking, pooling, joint service, sailing or space chartering authority; or (4) Changes the officials of the agree- ment and delegations of authority. (c) A copy of a modification described in (a) or (b) of this section shall be sub- mitted to the Commission but is other- wise exempt from the waiting period requirement of the Act and this part. (d) Parties to agreements may seek a determination from the Director of the Bureau of Trade Analysis as to whether a particular modification is a non-sub- stantive or other miscellaneous modi- fication within the meaning of this sec- tion.
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Retention of agreement by parties. Any agreement that has been exempted by the Commission pursuant to section 16 of the Act shall be retained by the parties and shall be available upon re- quest by the Bureau of Trade Analysis for inspection during the term of the agreement and for a period of three years after its termination. (a) Non-substantive modifications to effective agreements. A non-sub- stantive modification to an effective agreement between ocean common car- riers and/or marine terminal operators, acting individually or through ap- proved agreements, is one which: (1) Reflects changes in the name of any geographic locality stated therein, the name of the agreement or the name of a party to the agreement, the names and/or numbers of any other section 4 agreement or designated provisions thereof referred to in an agreement; (2) Corrects typographical and gram- matical errors in the text of the agree- ment or renumbers or reletters articles or sub-articles of agreements and ref- erences thereto in the text; or (3) Reflects changes in the titles of persons or committees designated therein or transfers the functions of such persons or committees to other designated persons or committees or which merely establishes a committee. (b) Other Miscellaneous Modifica- tions to effective agreements. A mis- cellaneous modification to an effective agreement is one that: (1) Cancels the agreement or a por- tion thereof; (2) Deletes an agreement party;
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Retention of agreement by parties. A ny a g r ee m e n t t h a t h a s bee n exe m p t ed b y t h e Co mm issio n p ur s u a n t t o sec t io n 16 of t h e Ac t s h a ll be r e t a i n ed b y t h e p a r t ies a n d s h a ll be a v a il a ble u po n r e- q u es t b y t h e B ur e a u of T r a de A n a l y s i s fo r i n spec t io n d ur i n g t h e t e r m of t h e a g r ee m e n t a n d fo r a pe r iod of t hr ee y e a r s af t e r i t s t e r m i n a t io n . ( a) No n- s u xx x x x x ive m odific a t io n s t o effec t ive a g r ee m e n t s. A n o n- s u b- s t a n t ive m odific a t io n t o a n effec t ive a g r ee m e n t be t wee n oce a n co mm o n c a r - r ie r s a n d/o r m a r i n e t e r m i n a l ope r a t o r s, a c t i n g i n divid u a ll y o r t hr o u g h a p- x x xxxx a g r ee m e n t s, i s o n e w h ic h: (1) R eflec t s c h a n ges i n t h e n a m e of a ny geog r a p h ic loc a li t y s t a t ed t h e r ei n , t h e n a m e of t h e a g r ee m e n t o r t h e n a m e of a p a r t y t o t h e a g r ee m e n t , t h e n a m es a n d/o r nu m be r s of a ny o t h e r sec t io n 4 a g r ee m e n t o r desig n a t ed p r ovisio n s t h e r eof r efe rr ed t o i n a n a g r ee m e n t ; (2) Co rr ec t s t y pog r a p h ic a l a n d g r a m - m a t ic a l e rr o r s i n t h e t ex t of t h e a g r ee- m e n t o r r e nu m be r s o r r ele tt e r s a r t icles o r s u b- a r t icles of a g r ee m e n t s a n d r ef- e r e n ces t h e r e t o i n t h e t ex t ; o r (3) R eflec t s c h a n ges i n t h e t i t les of pe r so n s o r co mm i tt ees desig n a t ed t h e r ei n o r t r a n sfe r s t h e fun c t io n s of s u c h pe r so n s o r co mm i tt ees t o o t h e r desig n a t ed pe r so n s o r co mm i tt ees o r w h ic h m e r el y es t a blis h es a co mm i tt ee. ( b) O t h e r Miscell a n eo u s Modific a- t io n s t o effec t ive a g r ee m e n t s. A m i s- cell a n eo u s m odific a t io n t o a n effec t ive a g r ee m e n t i s o n e t h a t : (1) Ca n cels t h e a g r ee m e n t o r a po r - t io n t h e r eof; (2) Dele t es x x x x x xx m e n t p a r t y;
Sample 1
Retention of agreement by parties. Any agreement that has been exempted by the Commission pursuant to section 16 of the Act shall be retained by the parties and shall be available upon request by the Bureau of Trade Analysis for inspection during the term of the agreement and for a period of three years after its termination. (a) Non-substantive modifications to effective agreements. A non-substantive modification to an effective agreement between ocean common carriers and/or marine terminal operators, acting individually or through approved agreements, is one which: (1) Reflects changes in the name of any geographic locality stated therein, the name of the agreement or the name of a party to the agreement, the names and/or numbers of any other section 4 agreement or designated provisions thereof referred to in an agreement; (2) Corrects typographical and grammatical errors in the text of the agreement or renumbers or reletters articles or sub-articles of agreements and references thereto in the text; or (3) Reflects changes in the titles of persons or committees designated therein or transfers the functions of such persons or committees to other designated persons or committees or which merely establishes a committee.
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Related to Retention of agreement by parties

  • Execution of Agreement The HSP represents and warrants that: (a) it has the full power and authority to enter into this Agreement; and (b) it has taken all necessary actions to authorize the execution of this Agreement.

  • Execution of Agreements The Purchasers shall have executed this Agreement and delivered this Agreement to the Company.

  • Amendment and Termination of Agreement (a) We may amend any provision of this Agreement by giving you written notice of the amendment. Either party to this Agreement may terminate the Agreement without cause by giving the other party at least thirty (30) days' written notice of its intention to terminate. This Agreement will terminate automatically in the event of its assignment (as defined in the 1940 Act). (b) In the event that (i) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against you; (ii) you file a petition in bankruptcy or a petition seeking similar relief under any bankruptcy, insolvency, or similar law, or a proceeding is commenced against you seeking such relief; or (iii) you are found by the SEC, the NASD, or any other federal or state regulatory agency or authority to have violated any applicable federal or state law, rule or regulation arising out of your activities as a broker/dealer or in connection with this Agreement, this Agreement will terminate effective immediately upon our giving notice of termination to you. You agree to notify us promptly and to immediately suspend sales of Portfolio shares in the event of any such filing or violation, or in the event that you cease to be a member in good standing of the NASD. (c) Your or our failure to terminate this Agreement for a particular cause will not constitute a waiver of the right to terminate this Agreement at a later date for the same or another cause. The termination of this Agreement with respect to any one Portfolio will not cause its termination with respect to any other Portfolio. 11.

  • Voluntary Execution of Agreement This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

  • Violation of Agreement If Guest(s) violates any of the conditions of this Agreement, Agent may terminate this Agreement and enter premises. Upon notice of termination of this Agreement, Guest(s) shall vacate the Premises immediately and forfeit all rents and security deposits.

  • Termination of Agreements (a) Except as set forth in Section 2.7(b), in furtherance of the releases and other provisions of Section 4.1, each of UTC, Carrier and Otis and each member of their respective Groups hereby terminate any and all agreements, arrangements, commitments or understandings, whether or not in writing, between or among a Party and/or any member of such Party’s Group, on the one hand, and another Party and/or any member of such other Party’s Group, on the other hand, effective as of the applicable Effective Time. No such terminated agreement, arrangement, commitment or understanding (including any provision thereof that purports to survive termination) shall be of any further force or effect after the Effective Time. Each Party shall, at the reasonable request of the other Party, take, or cause to be taken, such other actions as may be necessary to effect the foregoing. (b) The provisions of Section 2.7(a) shall not apply to any of the following agreements, arrangements, commitments or understandings (or to any of the provisions thereof): (i) this Agreement and the Ancillary Agreements (and each other agreement or instrument expressly contemplated by this Agreement or any Ancillary Agreement to be entered into by any of the Parties or any of the members of their respective Groups or to be continued from and after the Effective Time); (ii) any agreements, arrangements, commitments or understandings listed or described on Schedule 2.7(b)(ii); (iii) any agreements, arrangements, commitments or understandings to which any Third Party is a party thereto (including any Shared Contracts); (iv) any intercompany accounts payable or accounts receivable accrued as of the Effective Time that are reflected in the books and records of the Parties or otherwise documented in writing in accordance with past practices, which shall be settled in the manner contemplated by Section 2.7(c); (v) any agreements, arrangements, commitments or understandings to which any non-wholly owned Subsidiary of UTC, Carrier or Xxxx, as the case may be, is a party (it being understood that directors’ qualifying shares or similar interests will be disregarded for purposes of determining whether a Subsidiary is wholly owned); and (vi) any agreements for the sale, lease, construction or receipt of goods, property or services purchased, obtained or used in the ordinary course of business by a member of any Group from a member of another Group prior to the Effective Time. (c) All of the intercompany accounts receivable and accounts payable between any member of a Party’s Group, on the one hand, and any member of another Party’s Group, on the other hand, outstanding as of the Effective Time shall, as promptly as practicable after the Effective Time, be repaid, settled or otherwise eliminated in a manner as determined by UTC in its sole and absolute discretion (acting in good faith).

  • Early Termination and Breach of Agreement (a) The Corporate Taxpayer may terminate this Agreement with respect to all amounts payable to the ITR Entity at any time by paying to the ITR Entity the Early Termination Payment; provided, that the Corporate Taxpayer may withdraw any notice to execute its termination rights under this Section 4.1(a) prior to the time at which any Early Termination Payment has been paid. Upon payment of the Early Termination Payment by the Corporate Taxpayer, neither the ITR Entity nor the Corporate Taxpayer shall have any further payment obligations under this Agreement, other than for any (a) Tax Benefit Payment agreed to by the Corporate Taxpayer and the ITR Entity as due and payable but unpaid as of the Early Termination Notice and (b) Tax Benefit Payment due for the Taxable Year ending with or including the date of the Early Termination Notice (except to the extent that the amount described in this clause (b) is included in the Early Termination Payment). (b) In the event that the Corporate Taxpayer breaches any of its material obligations under this Agreement, whether as a result of failure to make any payment when due, failure to honor any other material obligation required hereunder or by operation of law as a result of the rejection of this Agreement in a case commenced under the Bankruptcy Code or otherwise, then all obligations hereunder shall be accelerated and such obligations shall be calculated as if an Early Termination Notice had been delivered on the date of such breach and shall include, but not be limited to, (1) the Early Termination Payment calculated as if an Early Termination Notice had been delivered on the date of a breach, (2) any Tax Benefit Payment agreed to by the Corporate Taxpayer and the ITR Entity as due and payable but unpaid as of the date of a breach with respect to any Taxable Year prior to the Taxable Year ending with or including the date of a breach, and (3) any Tax Benefit Payment due for the Taxable Year ending with or including the date of a breach but reduced by any amount with respect to the portion of such Taxable Year beginning after the date of such breach taken into account for purposes of determining the amount due under clause (1) of this sentence. Notwithstanding the foregoing, in the event that the Corporate Taxpayer breaches this Agreement, the ITR Entity shall be entitled to elect to receive the amounts set forth in clauses (1), (2) and (3) above or to seek specific performance of the terms hereof. The parties agree that the failure to make any payment due pursuant to this Agreement within three months of the date such payment is due shall be deemed to be a breach of a material obligation under this Agreement for all purposes of this Agreement, and that it will not be considered to be a breach of a material obligation under this Agreement to make a payment due pursuant to this Agreement within three months of the date such payment is due. Notwithstanding anything in this Agreement to the contrary, it shall not be a breach of this Agreement if the Corporate Taxpayer fails to make any Tax Benefit Payment when due to the extent that the Corporate Taxpayer has insufficient funds to make such payment; provided that the interest provisions of Section 5.2 shall apply to such late payment (unless the Corporate Taxpayer does not have sufficient cash to make such payment as a result of limitations imposed by any credit agreement to which the Corporate Taxpayer or any of its Subsidiaries is a party, in which case Section 5.2 shall apply, but the Default Rate shall be replaced by LIBOR plus 000 xxxxx xxxxxx).

  • Operation of Agreement This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative.

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • Duration and Termination of Agreement; Amendments (a) Subject to prior termination as provided in subparagraph (d) of this paragraph 9, this Agreement shall continue in force until July 31, 2001 and indefinitely thereafter, but only so long as the continuance after such period shall be specifically approved at least annually by vote of the Trust's Board of Trustees or by vote of a majority of the outstanding voting securities of the Portfolio. (b) This Agreement may be modified by mutual consent of the Advisor, the Sub-Advisor and the Portfolio subject to the provisions of Section 15 of the 1940 Act, as modified by or interpreted by any applicable order or orders of the Securities and Exchange Commission (the "Commission") or any rules or regulations adopted by, or interpretative releases of, the Commission. (c) In addition to the requirements of subparagraphs (a) and (b) of this paragraph 9, the terms of any continuance or modification of this Agreement must have been approved by the vote of a majority of those Trustees of the Trust who are not parties to this Agreement or interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. (d) Either the Advisor, the Sub-Advisor or the Portfolio may, at any time on sixty (60) days' prior written notice to the other parties, terminate this Agreement, without payment of any penalty, by action of its Board of Trustees or Directors, or with respect to the Portfolio by vote of a majority of its outstanding voting securities. This Agreement shall terminate automatically in the event of its assignment.

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