SUBJECT TO FURTHER NEGOTIATION AND REVISIONS] EPS Compliance Sample Clauses

SUBJECT TO FURTHER NEGOTIATION AND REVISIONS] EPS Compliance. The Generating Facilities are baseload generation subject to greenhouse gases emission performance standards set forth under regulations issued by the California Energy Commission. Accordingly, Seller warrants and guarantees that, throughout the Term, the Generating Facilities shall be EPS Compliant. From time to time and at any time requested by Purchaser, Seller will furnish to Purchaser, Governmental Authorities, or other Persons designated by any Purchaser, all certificates and other documentation reasonably requested by Purchaser in order to demonstrate that the Generating Facilities were or are EPS Compliant. If the California Energy Commission promulgates more stringent standards during the term of this Agreement that materially increase the costs of Seller’s generation of energy necessary to meet its load obligations hereunder, the Parties shall meet and confer in good faith to address such costs. The Parties agree that the costs that Seller shall be required to bear to address incremental new costs resulting from such more stringent standards shall be capped at $ in any given Contract Year. If the incremental costs exceed that cap, the Parties shall, if necessary, negotiate in good faith adjustments to the Energy Service Charge to cover such excess costs of compliance.
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Related to SUBJECT TO FURTHER NEGOTIATION AND REVISIONS] EPS Compliance

  • Conditions to Resignation and Termination Subject to paragraph 9(b)(vi) below, no resignation or termination of the appointment of the Global Agent shall take effect until a new agent has been appointed and no resignation or termination of the appointment of an agent shall take effect if there would not then be agents as required by the Terms of any Notes. Issuer shall use its best efforts to appoint a new agent not later than 30 calendar days after Issuer's receipt of the notice of resignation delivered by the Global Agent in accordance with paragraph 9(b)(ii) above. Issuer agrees with the Global Agent that if Issuer fails to appoint a successor within such period, the Global Agent may petition a court of competent jurisdiction to appoint a new Global Agent hereunder and Issuer shall accept the appointment of that bank as the successor to Global Agent.

  • DURATION, AMENDING, TERMINATING, AND MISCELLANEOUS PROVISIONS 3.1 This Agreement shall take effect on 07/01/2021 and shall remain in effect until 06/30/2022.

  • Amendments and Termination This Agreement may be amended or terminated only by a written agreement signed by the Company and the Executive.

  • Condition to Resignation and Termination No such resignation or (subject to Clause 19.5) termination of the appointment of the Issuing and Principal Paying Agent, Registrar or Calculation Agent shall, however, take effect until a new Issuing and Principal Paying Agent (which shall be a bank or trust company) or, as the case may be, Registrar or Calculation Agent has been appointed and no resignation or termination of the appointment of a Paying Agent or Transfer Agent shall take effect if there would not then be Paying Agents or Transfer Agents as required by the Conditions. If the Issuer fails to appoint a successor as requested by the Agreement and the Conditions by the tenth day before expiry of any notice given under Clause 19.2, then the relevant Agent may itself appoint as successor any reputable and experienced financial institution.

  • Term and Termination for Convenience The initial term of this Agreement shall be for a period of five (5) years following the date on which X.X. Xxxxxx commenced providing services under this Agreement. Following the initial term, the Customer may terminate this Agreement by giving not less than sixty (60) days’ prior written notice to X.X. Xxxxxx and X.X. Xxxxxx may terminate this Agreement on one hundred and eighty (180) days’ prior written notice to the Customer.

  • Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non-Appropriation This Agreement is subject to the budget and fiscal provisions of the City’s Charter. Charges will accrue only after prior written authorization certified by the Controller, and the amount of City’s obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization. This Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, this Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors. Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. THIS SECTION CONTROLS AGAINST ANY AND ALL OTHER PROVISIONS OF THIS AGREEMENT.

  • TERM OF EFFECTIVENESS AND TERMINATION 8.1. This Agreement takes effect on the Effective Date and shall continue to be in force for , or until all obligations of the Parties have been fully discharged. Unless one Party notifies the other of its intention to terminate this Master Agreement at least 30 (thirty) days prior to the end of the current term, this Agreement will be automatically extended for an identical duration and under the same terms as stipulated herein.

  • Term of Agreement and Termination 2.1. This Agreement enters into effect at the time of acceptance of this Agreement.

  • Term, Termination and Survival This Agreement shall become effective when signed below and shall continue in effect until terminated. Either Party may terminate this Agreement at-will with thirty (30) day’s written notice to the other Party. Termination shall not relieve the Parties from any debt or liability incurred hereunder while the Agreement was active; and all terms and conditions of this Agreement intended to protect the Parties and their records and regulate disputes, grievances or complaints between them shall survive any termination.

  • Effective Date Term and Termination A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:

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