By Amendment Sample Clauses

By Amendment. Whenever a Material Change of Circumstances cannot be cured or is not cured by the Wastewater Commission in accordance with Subsection 2.8p of this Agreement, this Section 12.7 shall be invoked. In such event, the Wastewater Commission shall promptly schedule a meeting of representatives of the Parties on not less than 10 days prior written notice to begin discussing how best to restructure the Agreement and/or the relationship of the Parties so that the original Cost Benefit Balance agreed to by the Parties in this Agreement, or a reasonable approximation thereof, and the smooth and efficient administration of this Agreement can feasibly be reestablished and maintained. As between the two, maintaining the Cost Benefit Balance is primary and maintaining the smooth and efficient administration of the Agreement is secondary. The Wastewater Commission shall schedule and conduct meetings of the Parties as often as may be helpful, and the Parties shall use their best efforts (including, but not limited to, holding special meetings) to rapidly find, design and implement a means of successfully accomplishing this purpose, including, but not limited to, the negotiation of appropriate amendments of this Agreement. In doing so, and in any follow-up mediation or arbitration conducted pursuant to this Section 12.7, each Party shall have the obligation to act in good faith in attempting to restore the original Cost Benefit Balance, or a reasonable approximation thereof, and the reasonably smooth and efficient administration of this Agreement.
Sample 1
AutoNDA by SimpleDocs

Related to By Amendment

  • Waiver; Amendment Except as expressly provided in this Agreement, no amendment or waiver of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any provision of this Agreement shall constitute a waiver of any other provision nor shall any waiver of any provision of this Agreement constitute a continuing waiver unless otherwise expressly provided.

  • MODIFICATION; AMENDMENT This Agreement may not be modified or amended in any respect except by an instrument in writing signed by the party against whom such modification or amendment is sought to be enforced. No modification or amendment may be enforced against the Company unless such modification or amendment is in writing and authorized by the Board.

  • Modification and Amendment This Contract may be modified only by a written amendment executed by all parties hereto and approved by the appropriate officials.

  • Termination Amendment and Waiver 46 7.1 Termination....................................................................................46 7.2

  • Waiver and Amendment Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.

  • Amendment This Warrant may be modified or amended or the provisions hereof waived with the written consent of the Company and the Holder.

  • Waivers; Amendment (a) No failure or delay by the Administrative Agent, any Issuing Bank or any Lender in exercising any right, power or remedy hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy, or any abandonment or discontinuance of steps to enforce such a right, power or remedy, preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The rights, powers and remedies of the Administrative Agent, any Issuing Bank and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights, powers or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, any Lender or any Issuing Bank may have had notice or knowledge of such Default or Event of Default at the time. No notice or demand on any Loan Party in any case shall entitle any Loan Party to any other or further notice or demand in similar or other circumstances.

  • Agreement; Amendment If either party hereto requests to amend this agreement, it shall notify the other party in writing, and the other party shall respond within one week. All amendments of this agreement must be made in writing by both parties, and such amendments shall be deemed as inseverable parts of this agreement.

  • WRITTEN AMENDMENT 5.05.1 Unless otherwise specified elsewhere in this Agreement, this Agreement may be amended only by written instrument executed on behalf of the City (by authority of an ordinance adopted by the City Council) and Contractor. The Director is only authorized to perform the functions specifically delegated to him or her in this Agreement.

  • Interim Extension Amendment a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section.

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