Future Procurements. Nothing herein will modify any provision of any energy procurement by Xxxxx issued prior to or after the Effective Date or any agreement entered into or to be entered into between the Parties other than the Agreement and the Voluntary Commitment Agreement.
Future Procurements. The State of Utah reserves the right and may reopen this solicitation, or create a new solicitation if it determines there may be more competition for the procurement item than when the original solicitation was posted. Length of the Contract The contract resulting from this RFP will be for FIVE (5) years.
Future Procurements. All future Orders and Supplemental Agreements pursuant to which Supplier provides Products, Licensed Materials and Services to AT&T Company shall be deemed to incorporate and be subject to the terms and conditions of this Agreement, regardless of whether any such Order or Supplemental Agreement expressly incorporates this Agreement by reference, unless such Order or Supplemental Agreement expressly provides that it is not subject to this Agreement. To the extent that any exhibit to this Agreement or any document other than a Supplemental Agreement conflicts with the body of this Agreement, the body of this Agreement shall prevail over such exhibit or other document. To the extent that a Supplemental Agreement conflicts with this General Purchase Agreement, the Supplemental Agreement shall prevail over the body of this Agreement. To the extent that the Supplemental General Purchase Agreement, No. LC3757D, conflicts with either or both of this Agreement and a Supplemental Agreement, the Supplemental General Purchase Agreement shall prevail over those other agreements.
Future Procurements. Company understands that DEP has no obligation to procure the Solution at the end of the Term. However, if DEP or the Water Board procure the Solution, or any future versions of the Solution, at any time during or after the Term, then the Parties shall enter into good faith negotiations for a discount(s) to any fees and prices.” This Section 10.3 survives the expiration or termination of the Agreement. Assignment/Change in Control Company may not by agreement, operation of law, or otherwise, assign, encumber, transfer, convey, sublet, or otherwise dispose of this Agreement, whether in whole or in part to any entity or person, including, but not limited to, an assignment, transfer, or conveyance by change in the control or a change in control of any entity controlling the Company without the prior written consent of DEP, which consent may not be unreasonably withheld, conditioned, or delayed. A “change of control’ shall mean any sale, in one or a series of related transactions, of all or any portion of Company or any subsidiary thereof, whether by sale of equity interests, merger (other than a merger in which Company is the surviving entity and no change of control occurs as a result of such merger), reorganization, consolidation, refinancing or recapitalization that results in a change in the ownership of fifty percent or more of the equity of Company or any subsidiary of Company, or sale, lease, exchange, transfer or other disposition of all or substantially all of the assets of Company or any subsidiary thereof (which may include, without limitation, a license of all or substantially all of Company’s or such subsidiary’s Intellectual Property) or a transfer or change in control by contract or other such agreement, which may impact negatively the respective performance of Company’s obligations under this Agreement. Any action by Company which violates the provisions of this Section shall be deemed to be a breach of the Agreement, and DEP has all rights and remedies available to it under law and equity, including termination of the Agreement.
