No Public Utility. Nothing contained in this Agreement shall be construed as an intent by Provider to dedicate its property to public use or subject itself to regulation as a “public utility” (as defined in the California Public Utilities Code or any other Applicable Law).
No Public Utility. This Agreement is made as an accommodation to Customer and in no event shall Terminal’s services be deemed to be those of a public utility or common carrier. If for any reason the Terminal or any of its facilities become a public utility or common carrier, then at the option of Terminal and upon prior written notice to Customer, Terminal may (a) restructure and restate this Agreement on commercially reasonable terms in compliance with applicable regulations, or (b) terminate this Agreement as to the affected facilities or services.
No Public Utility. Nothing contained in this Agreement shall be construed as an intent by Provider to dedicate its property to public use or subject itself to regulation as a public utility, an electric utility, an investor owned utility, a municipal utility, generation company or a merchant power plant otherwise known as an exempt wholesale generator.
No Public Utility. Nothing contained in this Agreement shall be construed as an intent by Provider to dedicate its property to public use or subject itself to regulation as a “public utility” (as defined in Chapter 269-1, HRS, as amended) or any other Applicable Law).
No Public Utility. Nothing contained in this Agreement shall be construed as an intent by Seller to dedicate its property to public use or subject itself to regulation as a “public utility” (as defined in the Haw. Rev. Stat. Chapter 269 or any other Applicable Law). Neither Party shall claim that by this Agreement Seller is an electric utility subject to regulation as an electric utility or subject to regulated electricity rates. Seller shall not claim to be providing electric utility services to Host and shall not interfere with Host’s ability to continue to obtain electric energy from the Electric Utility.
No Public Utility. Nothing contained in this Agreement shall be construed as an intent by Provider to dedicate its property to public use or subject itself to regulation as a “public utility” under Connecticut law.
No Public Utility. It is understood that neither Party hereto ----------------- considers itself or the other Party to be a public utility, and neither Party intends by this Agreement to engage in the business of being a public utility, or to enjoy any of the power and privileges of a public utility or by its performance of its obligations to dedicate to public or quasi-public use or purpose any of the facilities which it operates, and the Parties agree that the execution of this Agreement shall not, nor shall any performance or partial performance, be or ever deemed, asserted or urged by the Parties to be a dedication to public or quasi-public use of any such facilities of a Party, or as subjecting a Party to any jurisdiction or regulation as a public utility. If at any time an Entity or a Governmental Authority should initiate any action claiming or asserting jurisdiction over a Party as a public utility, or shall take jurisdiction in any proceeding whereby any Entity should assert or claim that a Party is a public utility because of the provision of a Service which is the subject of this Agreement, the Service Provider shall have the right to terminate the supply of the Service under this Agreement without penalty or further obligation to the Service Receiver at any time thereafter by giving ninety (90) days written notice to the Service Receiver of its intention to do so.
No Public Utility. Neither Party shall assert that Provider is an electric utility or public service company or similar entity that has a duty to provide service, is subject to rate regulation, or is otherwise subject to regulation by any Governmental Authority as a result of Provider's obligations or perfom1ance under this Agreement. lf at any time as a result of any Change in Law, Provider would be subject to regulation as an electric utility or public service company (or its equivalent) by any Governmental Authority by vi1tue of this Agreement, Customer will use its best efforts to restructure this Agreement so that Provider will not be subject to such regulation (while preserving for both Parties the substantive economic benefits conferred hereunder).
No Public Utility. The statements set forth in Section 6.13 shall, in the reasonable opinion of the Lender and its counsel, be true and correct.
No Public Utility. This Agreement is made as an accommodation to Customer and in no event shall Terminal’s services be deemed to be those of a public utility or common carrier. If for any reason the Terminal or any of its facilities become a public utility or common carrier, then at the option of Terminal and upon prior written notice to Customer, Terminal may (a) restructure and restate this Agreement on commercially reasonable terms in compliance with applicable regulations, or (b) terminate this Agreement as to the affected facilities or services. SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).
