Omission Based on Jurisdiction Sample Clauses

Omission Based on Jurisdiction. If the Project License does not contain a Proposed License Article(s) solely because FERC expressly determines that it does not have jurisdiction to adopt or enforce the omitted Proposed License Article(s), this Settlement Agreement shall not be deemed modified to conform to such omission. Within 10 days of License issuance, the Licensee shall notify the Parties as to any omission and the Parties shall meet to discuss the issue and determine an appropriate response. Any Party may seek rehearing and judicial review of such omission. In any event, the Licensee shall implement any Proposed License Article or portions of Proposed License Articles that FERC excludes from the Project License, based on a lack of jurisdiction, unless this Settlement Agreement terminates or unless it would cause the Licensee to otherwise violate the License. Notwithstanding any other provision of this Settlement Agreement, Parties retain any available cause of action for specific performance of obligations addressed in this section.
Sample 1
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Omission Based on Jurisdiction. If the New Project License does not contain all the PM&E measures stated in Appendix A because FERC expressly determines that it does not have jurisdiction to adopt or enforce the omitted PM&E measures, this Settlement Agreement shall not be deemed modified to conform to such omission, and such omission shall not be used as the basis for dispute among the Parties; provided that any PM&E measure that FERC excludes from Appendix A based on a lack of jurisdiction shall be automatically included in Appendix B without material modification (including all funds needed to carryout or implement any such PM&E measure) and such inclusion shall not result in any reduction of funds already allocated under Appendix B.
Sample 1

Related to Omission Based on Jurisdiction

  • 000 JURISDICTION 8.100 Project maintenance conditions do not always justify adherence to craft lines which, in itself, does not establish precedent or change the appropriate jurisdiction of the crafts involved. Composite crews may be formed where conditions warrant, but this is not to be construed under regular operating conditions as the Company's prerogative to assign men out of their usual skill classification.

  • WORK JURISDICTION Par. 1. It is agreed by the parties to this Agreement that all work specified in Article IV shall be performed exclusively by Elevator Constructor Mechanics, Elevator Constructor Helpers, Elevator Constructor Apprentices and Elevator Constructor Assistant Mechanics in the employ of the Company.

  • JURISDICTION & VENUE In the event that any action is brought to enforce any provision of this Master Contract, the parties agree to exclusive jurisdiction in Xxxxxxxx County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington.

  • Recourse to Agencies or Courts of Competent Jurisdiction Notwithstanding Section 11.2, nothing in this Agreement shall restrict the rights of a Party to file a complaint with the FERC under relevant provisions of the Federal Power Act or with the PUCO under relevant provisions of the Legal Authorities. The Parties’ agreement under this Section 11.3 is without prejudice to any Party’s right to contest jurisdiction of the FERC or PUCO to which a complaint is brought.

  • TRADE JURISDICTION This Article does not apply to Appendix "A", Sheeting and Decking. Refer to Clause 19, Local Appendices for additional provisions. This Agreement covers the rates of pay, rules and working conditions of all employees of the employer engaged in but not limited to:

  • LAW & JURISDICTION This Call-Off Agreement and/or any non-contractual obligations or matters arising out of or in connection with it, shall be governed by and construed in accordance with the Laws of England and Wales and without prejudice to the dispute resolution procedures set out in Clause CO-14 or CO-19 (Dispute Resolution) each Party agrees to submit to the exclusive jurisdiction of the courts of England and Wales and for all disputes to be conducted within England and Wales.

  • Governing Law; Jurisdiction; Venue This Agreement and all acts and transactions hereunder and all rights and obligations of Silicon and Borrower shall be governed by the laws of the State of California. As a material part of the consideration to Silicon to enter into this Agreement, Borrower (i) agrees that all actions and proceedings relating directly or indirectly to this Agreement shall, at Silicon's option, be litigated in courts located within California, and that the exclusive venue therefor shall be Santa Xxxxx County; (ii) consents to the jurisdiction and venue of any such court and consents to service of process in any such action or proceeding by personal delivery or any other method permitted by law; and (iii) waives any and all rights Borrower may have to object to the jurisdiction of any such court, or to transfer or change the venue of any such action or proceeding.

  • Applicable Law; Jurisdiction This Agreement shall be governed by and interpreted in accordance with the laws of the State of New Jersey without regard to the principles of conflict of laws. The parties further agree that any action between them shall be heard in Xxxxxx County, New Jersey, and expressly consent to the jurisdiction and venue of the Superior Court of New Jersey, sitting in Xxxxxx County and the United States District Court for the District of New Jersey sitting in Newark, New Jersey for the adjudication of any civil action asserted pursuant to this Paragraph.

  • Program Requirements Provided At No Charge to the Judicial Council A. The Contractor shall provide the following items during the Program at no charge to the Judicial Council:

  • APPLICABLE LAW, FORUM, VENUE AND JURISDICTION (a) This Agreement shall be construed in accordance with and governed by the laws of the State of Delaware, without regard to the principles of conflicts of law.

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