TERMS OF THE STIPULATION AND AGREEMENT Sample Clauses

TERMS OF THE STIPULATION AND AGREEMENT. OF SETTLEMENT
Sample 1
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TERMS OF THE STIPULATION AND AGREEMENT. 15. All of the Signatories to this Agreement agree and request that the Commission issue an order in this proceeding which approves the Plan and the transactions contemplated thereby subject to the terms and conditions of this Agreement. 16. Westar Energy agrees to fully implement the Plan by December 31, 2004 unless prevented by events and/or forces beyond the control of Westar Energy or any of its subsidiaries or affiliates. Upon application by Westar Energy, the deadline for implementation may be extended by the Commission upon a proper showing by Westar Energy. The Signatories agree that the appropriate standard upon which a request for extension should be decided is whether events and/or forces beyond the control of Westar Energy have prevented Westar Energy from meeting the deadline. In any hearing on an application for an extension, Westar Energy will bear the burden of proof. 17. Westar Energy has committed to dispose systematically of businesses not related to its core business as a Kansas electric public utility and to reduce its debt to a level consistent with investment grade bond ratings. As a result of Westar Energy’s commitment, the August 1, 2003 deadlines for corporate reorganization and for the reduction of utility debt to $1.67 billion established by the Commission in Order No. 55 are not necessary and the Signatories request that such deadlines be eliminated. Instead, Westar Energy commits to reduce its debt to a level consistent with investment grade bond ratings and have a capital structure containing at least 40% common equity by December 31, 2004. 18. Westar Energy agrees that it will file a rate case on May 1, 2005, using a test year consisting of the twelve months ending December 31, 2004. Westar Energy, prior to May 1, 2005, will not make a filing to increase Kansas jurisdictional electric rates. The other Signatories will not, prior to May 1, 2005, file a rate complaint or motion for Westar Energy to show cause why its rates should not be reduced. 19. Westar Energy will pay rate rebates to its Kansas jurisdictional customers on May 1, 2005 in the amount of $10.5 million and on January 1, 2006 in the amount of $10 million. Of the rebate to be made on May 1, 2005, $1,150,000 will be paid in trust for KIC to an account to be designated by the KIC Executive Committee with distribution therefrom to be made in accordance with the directions of the KIC Executive Committee and $150,000 will be paid into an account to be designated by US...
Sample 1

Related to TERMS OF THE STIPULATION AND AGREEMENT

  • Terms of the Agreement Each Party shall treat the terms of this Agreement as the Confidential Information of other Party, subject to the exceptions set forth in Section 7.2. Notwithstanding the foregoing, each Party acknowledges that the other Party may be obligated to file a copy of this Agreement with the SEC, either as of the Effective Date or at some point during the Term. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of certain commercial terms and sensitive technical terms hereof to the extent such confidential treatment is reasonably available to it. In the event of any such filing, the filing Party shall provide the other Party with a copy of the Agreement marked to show provisions for which the filing Party intends to seek confidential treatment and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements governing redaction of information from material agreements that must be publicly filed. The other Party shall promptly provide any such comments.

  • of the Standard Terms and Conditions of Trust The Portfolio Supervisor may employ one or more sub- Portfolio Supervisors to assist in performing the services set forth in this Section 4.05 and shall not be answerable for the default of any such sub-Portfolio Supervisors if such sub-Portfolio Supervisors shall have been selected with reasonable care, provided, however, that the Portfolio Supervisor will indemnify and hold the Trust harmless from and against any loss occurring as a result of a sub- Portfolio Supervisor's willful misfeasance, reckless disregard, bad faith, or gross negligence in performing supervisory duties. The fees and expenses charged by such sub-Portfolio Supervisors shall be paid by the Portfolio Supervisor out of proceeds received by the Portfolio Supervisor in accordance with Section 4.03 hereof."

  • OTHER TERMS OF THE AGREEMENT Except as specifically amended hereby, all of the terms and conditions of the Agreement shall continue to be in full force and effect and shall be binding upon the parties in accordance with their respective terms.

  • Terms of the Purchase Agreement The terms of the Purchase Agreement, including, but not limited to, the representations, warranties, covenants, agreements and indemnities relating to the Assigned Contracts are incorporated herein by this reference. The parties hereto acknowledge and agree that the representations, warranties, covenants, agreements and indemnities contained in the Purchase Agreement shall not be superseded hereby but shall remain in full force and effect to the full extent provided therein. In the event of any conflict or inconsistency between the terms of the Purchase Agreement and the terms hereof, the terms of the Purchase Agreement shall govern.

  • STANDARD TERMS AND CONDITIONS OF TRUST Subject to the provisions of Part II hereof, all the provisions contained in the Standard Terms and Conditions of Trust are herein incorporated by reference in their entirety and shall be deemed to be a part of this instrument as fully and to the same extent as though said provisions had been set forth in full in this instrument.

  • TERMS AND CONDITIONS OF AGREEMENT INSURANCE REQUIREMENTS: During the term of this Agreement, consultant/contractor shall maintain insurance documentation per the limits and requirements outlined:

  • Terms of Agreement In consideration of the mutual representations, warranties, covenants and agreements contained herein, the parties hereto agree as follows:

  • Second Amendment to Exhibit A to Services Agreement Exhibit A to the Services Agreement shall be, and here by is, supplemented with the following:

  • SPECIAL TERMS AND CONDITIONS OF TRUST The following special terms and conditions are hereby agreed to: 1. The Bonds listed in the Schedule hereto have been deposited in trust under this Trust Agreement. 2. The fractional undivided interest in and ownership of a Trust represented by each Unit thereof is a fractional amount, the numerator of which is one and the denominator of which is the amount set forth under "Summary of Essential Financial Information--General Information--Number of Units" in the Prospectus Part I for such Trust. 3. The aggregate number of Units described in Section 2.03(a) for a Trust is that number of Units set forth under "Summary of Essential Financial Information--General Information--Number of Units" in the Prospectus Part I for such Trust.

  • Amendment to Exhibit A to Services Agreement Solely with respect to Accounts that are not investment companies registered under the 1940 Act, the section of Exhibit A to the Services Agreement entitled “Administration and Risk Management” shall be, and hereby is, deleted in its entirety and replaced with the following:

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