Surface Transportation Board Approval Contingency Sample Clauses

Surface Transportation Board Approval Contingency. (a) Port shall, at Port’s sole expense, apply for any necessary authority or exemption from the Surface Transportation Board (“STB”) to complete the transaction contemplated in this Agreement or obtain a ruling from the STB that the acquisition of the Property is not subject to the jurisdiction of the STB. BNSF shall reasonably cooperate with Port in connection with any hearings or submittals required to obtain the necessary authority or a jurisdictional ruling from the STB. Prior to any Port filing with the STB regarding this transaction, Port shall provide a copy of the proposed filing to BNSF for BNSF’s review. Port shall make the requisite STB filing within 15 days after the Contract Date.
Sample 1
AutoNDA by SimpleDocs
Surface Transportation Board Approval Contingency. (a) TPO shall, at its sole expense, obtain the necessary exemption from the Surface Transportation Board (the “STB”) to permit the transfer of the Reserved Freight Easement from BNSF. BNSF shall reasonably cooperate with TPO as to any hearings or submittals required to obtain the necessary exemption from the STB. TPO shall file a Notice of Exemption under 49 C.F.R. Part 1150, Subpart D or Subpart E, whichever is applicable, at least thirty (30) days prior to the Closing Date, and shall comply with the requirements of 49 C.F.R. § 1150.32(e) or § 1150.42(e), if either is applicable, at least sixty (60) days prior to the Closing Date.
Sample 1

Related to Surface Transportation Board Approval Contingency

  • INSPECTION CONTINGENCY The obligations of the Buyer as set forth in this Agreement are contingent upon Buyer’s inspection of the Property. The Buyer shall have the right to conduct an inspection of the Property within days of the Effective Date. The choice and appointment of the inspector shall be the sole discretion of the Buyer who shall also solely bear the costs of the same. The time and date of the inspection shall be at the option of the Buyer but must be at a reasonable time and notice. In the event that upon completion of the inspection, the Buyer is not satisfied with the state of the Property, the Buyer shall notify the Seller of the unsatisfactory conditions and request the Seller to remedy the same. The Seller shall have days after receiving such notice to remedy the same. In the event that the Seller refuses to allow access to the Property to accommodate the inspection or fails to remedy the unsatisfactory conditions stated in the notice, the Buyer may, in the Buyer’s sole discretion, accept the Property as it is and proceed with the purchase under this Agreement, or terminate this Agreement and recover the Xxxxxxx Money, costs incurred in relation to this Agreement and .

  • Construction Contingency The proposed GMP Change Order shall include, as a separately identified item, a Construction Contingency sum in an initial amount (subject to increase or decrease) against which Design-Builder can draw at its election for the purposes set forth in Section 4 Part 4. The initial Construction Contingency sum shall include the contingency amounts stated in all accepted Component Change Orders.

  • Supervisory Control and Data Acquisition (SCADA) Capability The wind plant shall provide SCADA capability to transmit data and receive instructions from the ISO and/or the Connecting Transmission Owner for the Transmission District to which the wind generating plant will be interconnected, as applicable, to protect system reliability. The Connecting Transmission Owner for the Transmission District to which the wind generating plant will be interconnected and the wind plant Developer shall determine what SCADA information is essential for the proposed wind plant, taking into account the size of the plant and its characteristics, location, and importance in maintaining generation resource adequacy and transmission system reliability in its area.

  • ROAD WORK PHASE APPROVAL Purchaser shall obtain written approval from the Contract Administrator upon completion of each of the following phases of road work:  Drainage installation  Subgrade compaction  Rock compaction SUBSECTION RESTRICTIONS

  • Environmental Inspection at End of Agreement Term A. At Authority’s discretion, at least one hundred and twenty (120) days before the expiration or early termination of the Term as provided herein, Company will conduct an environmental inspection and examination of the Company Premises. At its discretion, Authority may complete environmental reviews to determine if recognized environmental conditions exist that could warrant soil and groundwater sampling. If warranted by the findings of Company or Authority’s inspection or if requested by Authority, a compliance audit or site assessment will be performed within the aforementioned time period by a qualified professional acceptable to Authority who will report the findings to Authority. The cost for professional consulting or engineering services required for such audit will be at the expense of Company. If a site assessment is conducted, Company agrees to pay all associated laboratory and testing fees incurred to test and analyze samples collected during the site assessment process. The Authority may also choose to conduct the compliance audit or site assessment. If the results of the assessment indicate that the Company Premises have been impacted by the release of Hazardous Substances, Company will immediately take such action as is necessary and will provide a substantial guaranty in a form and content acceptable to Authority that Company will clean up the contamination at its own expense, at no expense to Authority, and in accordance with Applicable Laws to the extent that it is obligated to do so by virtue of the foregoing provisions of this Article.

  • BUDGET CONTINGENCY If the Budget Act of the current year covered under this Grant Agreement does not appropriate sufficient funds for this program, this Grant Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the State to make any payments under this Grant Agreement. In this event, the State shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Grant Agreement and the Grantee shall not be obligated to perform any provisions of this Grant Agreement. Nothing in this Grant Agreement shall be construed to provide the Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Grant Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Grant Agreement with no liability occurring to the State, or offer a Grant Agreement amendment to the Grantee to reflect the reduced amount.

  • ADDITIONAL SPECIAL CONTRACT CONDITIONS A. Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following:

  • FAA APPROVAL This Agreement may be subject to approval of the FAA. If the FAA disapproves this Agreement, it will become null and void, and both Parties will bear their own expenses relative to this Agreement, up to the date of disapproval.

  • Construction Progress Meetings The Design Professional shall attend Construction Progress Meetings periodically held by the Contractor at the Site on a schedule determined by the Contractor. The Design Professional shall review the minutes of the meeting and provide his written comments to the minutes to the Owner and Contractor within seven calendar days after receipt of the meeting minutes.

  • Provisioning of High Frequency Spectrum and Splitter Space 3.2.1 BellSouth will provide <<customer_name>> with access to the High Frequency Spectrum as follows:

Time is Money Join Law Insider Premium to draft better contracts faster.