Southern. Each of the Owners agrees that it will negotiate in good faith with Toshiba regarding, and to minimize any adverse effects on the Owners or the construction, maintenance or operation of the Summer Facility (whether such facility is completed under the EPC Agreement or otherwise) of, any agreement or arrangements Toshiba or any of its Affiliates may enter into or contemplate entering into with Southern or any successors or assigns thereof; provided, however, that in no event will any of the Owners be required, by reason of this Section 5.2, to release, amend, waive, or otherwise modify any of their rights under this Agreement or any other agreement.
Appears in 2 contracts
Samples: Assignment and Purchase Agreement (South Carolina Electric & Gas Co), Settlement Agreement (South Carolina Electric & Gas Co)
Southern. Each of the Owners agrees that it Toshiba will negotiate in good faith with Toshiba the Owners regarding, and to minimize any adverse effects on the Owners or the construction, maintenance or operation of the Summer Facility (whether such facility is completed under the EPC Agreement or otherwise) of, any agreement agreements or arrangements Toshiba or any of its Affiliates may enter into or contemplate entering into with Southern or any successors or assigns thereof; provided, however, that in no event will any of the Owners Toshiba or its Affiliates be required, by reason of this Section 5.24.2, to release, amend, waive, or otherwise modify any of their rights under this Agreement or any other agreement.
Appears in 2 contracts
Samples: Assignment and Purchase Agreement (South Carolina Electric & Gas Co), Settlement Agreement (South Carolina Electric & Gas Co)