Governmental Restraint Sample Clauses

Governmental Restraint. If, while this Agreement is in effect, CPL's use of all or part of the Truck Rack shall be restrained or enjoined by judicial process, terminated by any governmental or regulatory authority, by right of eminent domain or by the owner of leased land, CPL, upon being notified of such restraint, enjoinder or termination, shall notify Customer and CPL may terminate this Agreement on the effective date of said restraint, enjoinder, or termination, or provide to Customer substitute services. Upon such termination, Customer shall be obligated to pay all Charges arising from such termination as if this Agreement had expired by its own terms.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Governmental Restraint. If Transporter’s use of all or part of the Connecting Pipeline for the transportation of Crude Oil shall be restrained or enjoined by judicial process, restricted or terminated by any Governmental Authority or by the owner of leased land or by right of eminent domain, Transporter, upon being notified of such restraint, enjoinder, restriction or termination, shall notify Customer and Transporter may terminate affected services hereunder on the effective date of said restraint, enjoinder, restriction or termination to the extent necessary to comply therewith or as may result from such termination.
Sample 1Sample 2
Governmental Restraint. If, while this Agreement is in effect, KM’s use of all or part of the Terminal for the storage and handling of any Commodity shall be restrained or enjoined by judicial process, terminated by any governmental or regulatory authority, by right of eminent domain or by the owner of leased land, KM, upon being notified of such restraint, enjoinder or termination, shall notify Customer and KM may terminate this Agreement as to the affected Tank(s) and services on the effective date of said restraint, enjoinder, or termination. Upon such termination, KM shall reimburse Customer for all sums paid by Customer pro rated in accordance with the remaining duration of the Term.
Sample 1
Governmental Restraint. If, while this Agreement is in effect, KMLV’s use of all or part of the terminal for the storage and handling of any Commodity shall be restrained or enjoined by judicial process, terminated by any governmental or regulatory authority, by right of eminent domain or by the owner of leased land, KMLV upon being notified of such restraint, enjoinder or termination, shall notify CUSTOMER and KMLV may terminate this Agreement as to the affected tanks and services on the effective date of said restraint, enjoinder, or termination, or provide to CUSTOMER substitute tanks in accordance with this Agreement hereto.
Sample 1
Governmental Restraint. If Operator’s use of all or part of the Facility for the handling of Product shall be restrained or enjoined by judicial process, restricted or terminated by any Governmental Authority or by the owner of leased land or by right of eminent domain, Operator, upon being notified of such restraint, enjoinder, restriction or termination, shall notify Customer and Operator may terminate affected services hereunder on the effective date of said restraint, enjoinder, restriction or termination to the extent necessary to comply therewith or as may result from such termination. To the extent such restraint, enjoinder, restriction or termination requires the termination of the usage of any tanks, Operator shall have the right to terminate Customer usage of such tanks and to substitute alternative tanks, if available. If Operator cannot provide substitute tankage, then: (i) the applicable fee shall be reduced by an amount equal to the percentage of the reduced storage capacity and throughput as compared to the storage capacity and throughput originally contracted for; and (ii) if more than 50% of Customer’s initial throughput capacity cannot be replaced within 90 days and Operator is not diligently pursuing such replacement, either Party may terminate this Agreement without further costs or obligation to the other Party; provided that Customer shall pay any outstanding fees invoiced under Section 9 of the Agreement. SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN GRANTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****).
Sample 1
Governmental Restraint. Notwithstanding anything to the contrary in this Agreement, if at any time following the date hereof and prior to the Expiration Time, a Governmental Authority of competent jurisdiction enters an order restraining, enjoining or otherwise prohibiting the Stockholder or its Affiliates from taking any action that would be required pursuant to this Section 3, then (i) the applicable obligations of the Stockholder set forth in this Section 3 shall be of no force and effect for so long as such order is in effect to the extent such order restrains, enjoins or otherwise prohibits such Stockholder from taking any such action, and (ii) the Stockholder shall cause the Covered Shares not to be represented in person or by proxy at any meeting at which a vote of the Stockholder on the Covered Proposals is sought or requested.
Sample 1
Governmental Restraint. If Operator’s use of all or part of the Facility for the handling of Product shall be restrained or enjoined by judicial process, restricted or terminated by any Governmental Authority or by the owner of leased land or by right of eminent domain, Operator, upon being notified of such restraint, enjoinder, restriction or termination, shall notify Customer and Operator may terminate affected services hereunder on the effective date of said restraint, enjoinder, restriction or termination to the extent necessary to comply therewith or as may result from such termination. To the extent such restraint, enjoinder, restriction or termination requires the termination of the usage of any tanks, Operator shall have the right to terminate Customer usage of such tanks and to substitute alternative tanks, if available. If Operator cannot provide substitute tankage, then: (i) the applicable fee shall be reduced by an amount equal to the percentage of the reduced storage capacity and throughput as compared to the storage capacity and throughput originally contracted for; and (ii) if more than 50% of Customer’s initial throughput capacity cannot be replaced within 90 days and Operator is not diligently pursuing such replacement, either Party may terminate this Agreement without further costs or obligation to the other Party; provided that Customer shall pay any outstanding fees invoiced under Section 9 of the Agreement.
Sample 1
AutoNDA by SimpleDocs

Related to Governmental Restraint

  • Governmental Restrictions If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer.

  • Governmental Action Governmental Action means the destruction, confiscation or seizure of property described in Coverage A, B or C by order of any governmental or public authority. This exclusion does not apply to such acts ordered by any governmental or public authority that are taken at the time of a fire to prevent its spread, if the loss caused by fire would be covered under this policy.

  • Governmental Entity “Governmental Entity” shall mean any federal, state, local or foreign court, arbitral tribunal, administrative agency or commission or other governmental or regulatory authority or administrative agency.

  • Governmental Actions No Governmental Action is or will be required in connection with the execution, delivery or performance by it, or the consummation by it of the transactions contemplated by this Agreement or any other Loan Document to which it is, or is to become, a party other than such Borrower’s Approval, as applicable, which has been duly issued and is in full force and effect.

  • Governmental Body “Governmental Body” shall mean any: (a) nation, state, commonwealth, province, territory, county, municipality, district or other jurisdiction of any nature; (b) federal, state, local, municipal, foreign or other government; or (c) governmental or quasi-governmental authority of any nature (including any governmental division, department, agency, commission, instrumentality, official, organization, unit, body or Entity and any court or other tribunal).

  • Governmental Authorities; Consents Assuming the truth and completeness of the representations and warranties of SPAC contained in this Agreement and the other Transaction Agreements to which it is or will be a party, no notice to, action by, consent, approval, permit or authorization of, or designation, declaration or filing with, any Governmental Authority is required on the part of the Company or Merger Sub with respect to each of their execution, delivery and performance of this Agreement and the other Transaction Agreements to which each is or will be a party and the consummation by the Company or Merger Sub of the transactions contemplated hereby and thereby, except for (i) obtaining the consents of, or submitting notifications, filings, notices or other submissions to, the Governmental Authorities listed on Section 4.05 of the Company Disclosure Letter, (ii) the filing (A) with the SEC of the Proxy Statement/Prospectus and the declaration of the effectiveness thereof by the SEC and (B) of any other documents or information required pursuant to applicable requirements, if any, of applicable Securities Laws, (iii) compliance with and filings or notifications required to be filed with the state securities regulators pursuant to “blue sky” Laws and state takeover Laws as may be required in connection with this Agreement, the other Transaction Agreements or the Transactions, (iv) the filing of the First Plan of Merger and related documentation with the Cayman Islands Registrar of Companies in accordance with the Cayman Companies Law, (v) the filing of the Second Plan of Merger and related documentation with the Cayman Islands Registrar of Companies in accordance with the Cayman Companies Law, and (vi) any such notices to, actions by, consents, approvals, permits or authorizations of, or designations, declarations or filings with, any Governmental Authority, the absence of which would not have a Material Adverse Effect.

  • Consents and Approvals of Governmental Authorities No consent, approval, or authorization of, or declaration, filing, or registration with, any governmental or regulatory authority is required to be made or obtained by the Seller in connection with the execution, delivery, and performance of this Agreement or any of the other Acquisition Documents by the Seller.

  • Governmental Filings The parties shall have made any required filing with Governmental Entities in connection with this Agreement and the exhibit agreements, and any approvals related thereto shall have been obtained or any applicable waiting periods shall have expired. If a proceeding or review process by a Governmental Entity is pending in which a decision is expected, Buyer shall not be required to consummate the transactions contemplated by this Agreement until such decision is reached or rendered, notwithstanding Buyer's legal ability to consummate the transactions contemplated by this Agreement prior to such decision being reached or rendered.

  • Governmental Approvals and Filings Except for any notices required or permitted to be filed after the Closing Date with certain federal and state securities commissions, the Company shall have obtained all governmental approvals required in connection with the lawful sale and issuance of the Notes.

  • Governmental Permits and Approvals (a) All approvals, authorizations, consents, permits and licenses from governmental and regulatory bodies required for the transactions contemplated by this Agreement and to permit the business currently carried on by Earth to continue to be carried on substantially in the same manner immediately following the Closing Date shall have been obtained and shall be in full force and effect, and the Owners shall have been furnished with appropriate evidence, reasonably satisfactory to them, of the granting of such approvals, authorizations, consents, permits and licenses; and

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