Flow Control – Reservation of Rights Sample Clauses

Flow Control – Reservation of Rights. CITY reserves whatever, if any, right it might have or receive to exercise “flow control” (i.e., the right to select transfer, recycling, processing, or disposal facilities to which the material to be collected pursuant to this Agreement is to be taken). The CITY may direct LICENSEE to transport material to a particular facility (or facilities) at any point during the term of this Agreement. In the event CITY directs LICENSEE to transport material to a particular facility, CITY and LICENSEE agree to use their best efforts to obtain indemnification against CERCLA, RCRA and related claims from the operator of the facility to which material pursuant to this Agreement is taken for processing and/or disposal. In the event that CITY selects a facility, LICENSEE shall be entitled to a rate adjustment, as provided for in Article 4 below, to offset for any substantiated increase or decrease in expenses resulting from the CITY’s exercise of flow control.
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Flow Control – Reservation of Rights. In the event that City or Landfill JPA directs GreenWaste to cease disposing of Solid Waste at the Tehama County/Red Bluff Landfill, City reserves whatever right, if any, it may then have to exercise "flow control" (i.e., the right to select disposal facilities to which the Solid Waste to be collected pursuant to this Agreement is to be taken). In the event City directs GreenWaste to transport Solid Waste to a particular disposal or other facility, City and GreenWaste agree to use their best efforts to obtain indemnification against CERCLA, RCRA and related claims from the operator of the landfill or other destination to which Solid Waste collected pursuant to this Agreement is taken for disposal. In the event City requires GreenWaste to utilize a landfill or other disposal facility other than the Tehama County/Red Bluff Landfill, GreenWaste shall be relieved of its liability with respect to the matters addressed in SECTION 17 ofthis Agreement with respect to the Solid Waste delivered to a disposal facility designated by City. In addition, GreenWaste shall be relieved of its duties under SECTION 17 to the extent that GreenWaste 's ability to meet the diversion goals is adversely affected by City's selection of a disposal facility. In the event that City selects a transfer or disposal facility other than the Tehama County/Red Bluff Landfill, GreenWaste and City shall meet and confer in good faith regarding a rate adjustment to offset for any substantiated increase or decrease in expenses resulting from City's exercise of flow control. In the event City refuses a rate increase requested by GreenWaste pursuant to this provision , Green Waste shall have the option to terminate set forth in SECTION 12.C.
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Flow Control – Reservation of Rights. In the event that County or JPA directs GreenWaste to cease processing recyclable solid waste or cease disposing of Solid Waste at the Tehama County/Red Bluff Landfill and Material Recovery Facility, County reserves whatever right, if any, it may have or receive from Congress to exercise “flow control” (i.e., the right to select disposal facilities to which the Solid Waste to be collected pursuant to this Agreement is to be taken). In the event County directs GreenWaste to transport Recyclable Solid Waste or Solid Waste to a particular processing, disposal or other facility, County and GreenWaste agree to use their best efforts to obtain indemnification against CERCLA, RCRA and related claims from the operator of the material recovery facility, landfill or other destination to which Solid Waste, including Recyclable Solid Waste, collected pursuant to this Agreement is taken for disposal. In the event County requires GreenWaste to utilize a material recovery facility, landfill or other disposal facility not owned or operated by GreenWaste or an affiliate of GreenWaste, GreenWaste shall be relieved of its liability with respect to the matters addressed in Section 17 of this Agreement with respect to the Solid Waste delivered to a disposal facility designated by County. In addition, GreenWaste shall be relieved of its duties under Section 17 to the extent that GreenWaste’s ability to meet the diversion goals is adversely affected by County’s selection of a recovery or disposal facility. In the event that County selects a recovery, transfer or disposal facility, GreenWaste or County, as appropriate, shall be entitled to a rate adjustment to offset for any substantiated increase or decrease in expenses resulting from the County’s exercise of flow control reflecting any increase or decrease in GreenWaste’s per hour cost, which shall be adjusted in accordance with GreenWaste’s current driver cost per hour and truck variable cost per hour. As of September 1, 2018 GreenWaste’s annualized driver cost per hour and truck variable cost per hour is as follows: Driver Cost per Hour 24,737 Total Driver Hours $ 889,593 Total Labor Exp
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Related to Flow Control – Reservation of Rights

  • Government’s Reservation of Rights The defendant understands that the United States expressly reserves the right in this case to:

  • Reservation of Rights NYISO and Connecting Transmission Owner shall have the right to make unilateral filings with FERC to modify this Agreement with respect to any rates, terms and conditions, charges, classifications of service, rule or regulation under section 205 or any other applicable provision of the Federal Power Act and FERC’s rules and regulations thereunder, and Developer shall have the right to make a unilateral filing with FERC to modify this Agreement pursuant to section 206 or any other applicable provision of the Federal Power Act and FERC’s rules and regulations thereunder; provided that each Party shall have the right to protest any such filing by another Party and to participate fully in any proceeding before FERC in which such modifications may be considered. Nothing in this Agreement shall limit the rights of the Parties or of FERC under sections 205 or 206 of the Federal Power Act and FERC’s rules and regulations thereunder, except to the extent that the Parties otherwise mutually agree as provided herein.

  • Amendments and Rights Under the Federal Power Act This Interconnection Service Agreement may be amended or supplemented only by a written instrument duly executed by all Interconnection Parties. An amendment to the Interconnection Service Agreement shall become effective and a part of this Interconnection Service Agreement upon satisfaction of all Applicable Laws and Regulations. Notwithstanding the foregoing, nothing contained in this Interconnection Service Agreement shall be construed as affecting in any way any of the rights of any Interconnection Party with respect to changes in applicable rates or charges under Section 205 of the Federal Power Act and/or FERC’s rules and regulations thereunder, or any of the rights of any Interconnection Party under Section 206 of the Federal Power Act and/or FERC's rules and regulations thereunder. The terms and conditions of this Interconnection Service Agreement and every appendix referred to therein shall be amended, as mutually agreed by the Interconnection Parties, to comply with changes or alterations made necessary by a valid applicable order of any Governmental Authority having jurisdiction hereof.

  • Ownership and Reservation of Rights Other than as expressly set forth in the Transaction Documents, no license or other rights in the Modernizing Medicine IP Rights are granted to Medical Practice or its Users, and all such rights are hereby expressly reserved by Modernizing Medicine. Additionally, and for avoidance of doubt, as between Modernizing Medicine and Medical Practice, Modernizing Medicine shall at all times retain sole and exclusive ownership of, or, as applicable, sole and exclusive rights as a licensee or sublicensee of, all of its copyrights, trademarks, trade names, trade dress, patents, software, source code, object code and other intellectual property rights with respect to the Modernizing Medicine IP, including, without limitation, all of the proprietary material provided and/or displayed by Modernizing Medicine at the Software, affiliated web sites, extranet, marketing materials or otherwise. Medical Practice acknowledges and agrees that the Modernizing Medicine IP may contain certain licensed materials and Modernizing Medicine’s licensors may independently protect their rights in the event of any violation of the Transaction Documents.

  • 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.

  • Specific Provisions for Access Rights to Software For the avoidance of doubt, the general provisions for Access Rights provided for in this Section 9 are applicable also to Software. Parties’ Access Rights to Software do not include any right to receive source code or object code ported to a certain hardware platform or any right to receive respective Software documentation in any particular form or detail, but only as available from the Party granting the Access Rights.

  • Preservation of Rights No delay or omission of the Lenders or the Administrative Agent to exercise any right under the Loan Documents shall impair such right or be construed to be a waiver of any Default or an acquiescence therein, and the making of a Loan notwithstanding the existence of a Default or the inability of the Borrower to satisfy the conditions precedent to such Loan shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Loan Documents whatsoever shall be valid unless in writing signed by the Lenders required pursuant to Section 8.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent and the Lenders until the Obligations have been paid in full.

  • Dissemination of Research Findings and Acknowledgement of Controlled-Access Datasets Subject to the NIH GDS Policy It is NIH’s intent to promote the dissemination of research findings from use of controlled-access dataset(s) subject to the NIH GDS Policy as widely as possible through scientific publication or other appropriate public dissemination mechanisms. Approved Users are strongly encouraged to publish their results in peer-reviewed journals and to present research findings at scientific meetings.

  • RESERVATION OF MANAGEMENT RIGHTS 5.01 The Union acknowledges that it is the exclusive function of the Company to:

  • RESERVATION OF RIGHTS AND OWNERSHIP PFU or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is protected by copyright and other intellectual property laws and treaties. Except as expressly stated herein, this XXXX does not grant you any intellectual property rights in the Software. All rights not expressly granted are reserved by PFU and its suppliers.

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