and XVIII Sample Clauses

and XVIII. Duquesne shall be entitled to draw upon the Performance Bond maintained in accordance with Section 6.1 hereof to satisfy all or any part of Contractor's foregoing obligations to Duquesne.
Sample 1
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and XVIII. Duquesne shall be entitled to draw upon the Performance Bond maintained in accordance with Section 6.1 hereof to satisfy all or any part of Contractor's foregoing obligations to Duquesne. Contractor shall deliver a notice to Duquesne certifying that it has completed Milestone Number 23 on a particular date, and Duquesne shall promptly conduct such testing and inspections as are necessary to verify that the Milestone has been completed. In the event that during the course of this testing and inspection Duquesne finds that Contractor failed to meet Critical Milestone Number 23 as defined above, Contractor shall be required to proceed immediately in accordance with the terms of Section 4.3(e)(iv) as if it had originally failed to meet that Milestone; provided, however, that if the particular failure to meet Critical Milestone Number 23 is a minor and inadvertent Nonconformity or variance from its requirements, of which Contractor had no knowledge at the time of its Certification that the Milestone had been met, then Contractor shall have the right for * following notification of the Nonconformity or variance to Correct it before Contractor can be required to proceed under Section 4.3(e)(iv).
Sample 1
and XVIII. 12(a) there was nothing to prevent a contracting party in balance of payments difficulties from holding prior consultations with the Committee under the normal procedures of these Articles.59 Such consultations, which would be full consultations, would, inter alia, take due account of all factors, including external factors, affecting the consulting country’s balance of payments.60
Sample 1

Related to and XVIII

  • and 5 6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.)

  • and 3 6.3.2. If the two members are unable to agree on a third member of the Commission, or an alternate, then either may refer the matter of appointment to the dispute resolution process under 26.3.0, or, in the absence of that process, to the Supreme Court of the Yukon.

  • and 4 3.2 of the Agreement shall be deleted in their entirety and replaced by the following:

  • and 2 3.2 of the Agreement shall be deleted in their entirety and replaced by the following:

  • General Provisions Applicable to Loans Section 6.1 Minimum Amounts for Committed Borrowings, Conversions or Continuations and Prepayments.

  • Special Provisions Applicable to LIBOR Rate (i) The LIBOR Rate may be adjusted by Agent with respect to any Lender on a prospective basis to take into account any additional or increased costs to such Lender of maintaining or obtaining any eurodollar deposits or increased costs due to changes in applicable law occurring subsequent to the commencement of the then applicable Interest Period, including changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors of the Federal Reserve System (or any successor), excluding the Reserve Percentage, which additional or increased costs would increase the cost of funding loans bearing interest at the LIBOR Rate. In any such event, the affected Lender shall give Administrative Borrower and Agent notice of such a determination and adjustment and Agent promptly shall transmit the notice to each other Lender and, upon its receipt of the notice from the affected Lender, Administrative Borrower may, by notice to such affected Lender (y) require such Lender to furnish to Administrative Borrower a statement setting forth the basis for adjusting such LIBOR Rate and the method for determining the amount of such adjustment, or (z) repay the LIBOR Rate Loans with respect to which such adjustment is made (together with any amounts due under clause (b)(ii) above).

  • MISCELLANEOUS CLAUSES 18.1. No waiver of any right under this Agreement shall be deemed effective unless contained in a written document signed by the Party charged with such waiver, and no waiver of any breach or failure to perform shall be deemed to be a waiver of any other breach or failure to perform or of any other right arising under this Agreement.

  • Compliance with State and Federal Law Notwithstanding the foregoing provisions of this Section 3.8, a Shareholder shall also comply with all applicable requirements of state law and of the Exchange Act and the rules and regulations thereunder with respect to the matters set forth in this Section 3.8. Nothing in this Section 3.8 shall be deemed to affect any right of a Shareholder to request inclusion of a proposal in, nor the right of the Trust to omit a proposal from, the Trust’s proxy statement pursuant to Rule 14a-8 (or any successor provision) under the Exchange Act.

  • Compliance with State and Federal Laws Debtor will maintain its existence, good standing and qualification to do business, where required, and comply with all laws, regulations and governmental requirements, including without limitation, environmental laws applicable to it or any of its property, business operations and transactions.

  • AND WHEREAS the Respondent entered into a settlement agreement with Staff of the MFDA, dated [date] (the “Settlement Agreement”), in which the Respondent agreed to a proposed settlement of matters for which the Respondent could be disciplined pursuant to ss. 20 and 24.1 of By-law No. 1;

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