Other Special Provisions. Any capitalized terms used but not defined herein shall have the meanings ascribed to them in the Precedent Agreement dated July 23, 2014 between the parties. Customer shall have the right of first refusal with respect to the MDQ at the expiration of the Primary Term, for a renewal term of no less than five years, in accordance with Equitrans’ FERC Gas Tariff. This Agreement incorporates the Credit Agreement dated July 23, 2014 entered into by and between Equitrans and Customer and any amendments or restatements thereto. Should Equitrans elect in the future to expand the Ohio Valley Connector or a lateral directly connected to the Ohio Valley Connector on a forward haul basis, Customer shall have a right to participate in that project (“OVC Expansion Project”). Equitrans shall notify Customer prior to holding an Open Season for an OVC Expansion Project. Notwithstanding the foregoing, Customer’s right under this section shall not apply to Equitrans’ separate project to modify, expand, and extend certain of its transmission facilities in order to provide additional firm transportation service from Clarington, Ohio to Lebanon, Ohio and such other locations as Equitrans may determine, which is a separate project and not an OVC Expansion Project, and for which an Open Season has already been held. Equitrans and Customer agree that nothing in this section prohibits Customer from requesting firm capacity on similar proposed projects.
Other Special Provisions. 其他特別約定
3.5.1 The Trustee may establish or revise relevant operating rules and post them on the Trustee’s business premises or website etc. The Settlor/Beneficiary agrees to comply with such rules.
3.5.2 The business days and hours of banking institutions in this Agreement do not include the time the Trustee opens for business on weekly days off.
3.5.3 The Settlor/Beneficiary will also comply with the relevant regulations if it has opened a deposit automatic managed account with the Trustee
3.5.4 The Settlor/Beneficiary shall comply with the relevant regulations and ways established by the Trustee in the surrender in whole or in part of the trust property.
3.5.5 The Settlor agrees any other Master Trust Agreements on Non-Discretionary Money Trust Investments in Domestic and Foreign Securities that it has executed with the Trustee prior to executing this Agreement and remain valid are superseded by this Agreement and its ancillary terms from the date of this Agreement
Other Special Provisions. Notwithstanding any provision in the Agreement to the contrary, XxXxxxXXX hereby grants, bargains, sells and conveys to IRU Grantee the Fibers specifically described in this Exhibit A-10. Except for the portions of such Fibers that are subject to transfer restrictions set forth below (the “Restricted Fibers”) or as otherwise provided herein, title to the Fibers, along with a Proportionate Share of an undivided tenant in common interest in and to tangible and intangible property necessary to use the Fibers, including but not limited to cable sheathing, troughing, pedestals, slack containers, and related equipment (the “Associated Property”) (but excluding any electronic or optronic equipment which shall be provided by IRU Grantee at its sole cost) shall pass immediately to IRU Grantee. With respect to the Restricted Fibers and appurtenant Associated Property, IRU Grantee shall be deemed to have an Indefeasible Right of Use for the Term pursuant to the terms of the Agreement. IRU Grantee may at any time begin the process of obtaining permits, consents, franchises, or other authorizations from all relevant governmental entities or private parties as may be necessary for, or incidental to, the transfer of title to the Restricted Fibers, at its sole cost and expense, and XxXxxxXXX shall reasonably cooperate with IRU Grantee in such efforts. When IRU Grantee has obtained all Rights necessary for the transfer of title to the Restricted Fibers (or for one or more Segments thereof), title to such Restricted Fibers shall transfer to IRU Grantee and the IRU in the Restricted Fibers shall terminate. At IRU Xxxxxxx’s request, XxXxxxXXX shall give a Bill of Sale to all or part of such Fibers. In addition, at the end of the Term, and upon any relocation, condemnation, or other substitution of any nature of the IRU Grantee Fibers pursuant to Articles XII, XIV, or Article XXIV, or otherwise, the IRU in the Restricted Fibers shall immediately terminate and XxXxxxXXX shall thereafter be deemed to have immediately transferred title to those individual Restricted Fibers, along with an undivided interest in the Associated Property. Restricted Fibers:
Other Special Provisions. Not Applicable For the purposes of the calculations of the Floating Price(s), all numbers shall be rounded as follows: Floating Price(s) relating to commodities quoted in (i) gallons shall be rounded to five places, (ii) MMBtu's shall be rounded to four places, (iii) barrels shall be rounded to three places and (iv) gigajoules shall be rounded to four places. If the number after the final number is five (5) or greater then the final number shall be increased by one (1), and if the number after the final number is less than five (5) then the final number shall remain unchanged. This Confirmation is a complete and binding agreement between you and us as to the Transaction. Until a Master Agreement is executed by you and us, all currently existing swap, option or other financially-settled derivative transactions between the parties shall be governed by the terms and conditions set forth in any Annex attached hereto. All such swap, option or other financially-settled derivative transactions, shall constitute a single integrated agreement between you and us, it being acknowledged that the parties are relying upon the fact that all such swap, option or other financially-settled derivative transactions will form a single agreement and that the parties would not otherwise enter into any transactions. The terms and conditions contained in any Annex attached hereto are incorporated into this Confirmation, and in the event of any inconsistency between any Annex and this letter agreement, this letter agreement shall govern. Upon execution by you and us of a Master Agreement, this Confirmation will supplement, form a part of, and be subject to the Master Agreement. In the event of any inconsistency between this Confirmation and the Master Agreement, the Master Agreement shall govern except as expressly set forth therein. If this Confirmation correctly sets forth the terms of the Transaction that we have entered into, please promptly confirm in a reply to us by signing below and sending this Confirmation (or a copy hereof) to us (or notifying us of any bona fide error that would require revision in order to accurately reflect our agreement on the Transaction) by facsimile transmission within two Business Days after your receipt of this Confirmation. If you fail to so reply within such time period, the terms hereof will constitute binding and conclusive evidence of the Transaction. We look forward to receiving your prompt reply. Sincerely, Enron North America Corp. Natio...
Other Special Provisions. Laterals 1, 2, and 3 (the “Laterals”) are owned by *** (or an affiliated company, collectively “***”), and licensed to McLeodUSA pursuant to a certain Appendix *** (the “Appendix”) between *** and McLeodUSA. Accordingly, the parties acknowledge and agree that, notwithstanding Section 2.2 of the IRU Agreement, no portion of or interest in such Laterals shall be conveyed to the IRU Grantee. In the event that either McLeodUSA or *** terminates the Appendix for any reason, McLeodUSA will reasonably cooperate with Norlight to secure continued access to the Laterals at Norlight’s sole cost and expense. Termination of the Appendix shall not affect the compensation payable by Norlight under the Agreement or this Exhibit. The fibers in this Exhibit A-5 will be spliced into fibers Norlight previously obtained from XxXxxx in Exhibit A-1 of the Agreement. /s/ Xxxxxx X. Xxxxxx /s/ Xxxxxx Xxxxxxxx Signed Signed Xxxxxx X. Xxxxxx Xxxxxx Xxxxxxxx Printed Printed Senior Vice President GVP McLeodUSA will provide Norlight with *** fibers on *** miles of the *** Ring. The fiber on this route will be accessed at a McLeodUSA splice point at ***. • *** Miles/ *** Feet Number of Fibers: *** fibers Fiber Type: Single Mode Fiber IRU Fee ($/Fiber/mile): $***/fiber/mile X *** fibers X ***Miles) Annual Routine Maintenance Fee ($) $***. Delivery Charges: $***. Estimated delivery date: 35 days from the date of this Exhibit Splicing Expedite Fee: ***% above Contracted Splicing Cost • McLeodUSA splice located at *** • McLeodUSA splice located at *** • McLeodUSA splice located at *** • McLeodUSA splice located at *** Term of IRU Grant: Effective Date to the date which is 20 years from the Effective Date. Deposit: $***. (***% of total IRU and Delivery fee)
Other Special Provisions. The Parties acknowledge that this Interconnection Agreement is subject to the RGS Agreement and the Wholesale Power Contract, each entered into between Cooperative and Seminole Electric Cooperative, Inc. This Interconnection Agreement is intended to be consistent with the RGS Agreement and the Wholesale Power Contract, but in the event that any of the provisions of this Interconnection Agreement shall be held or otherwise determined to be in conflict with either the RGS Agreement or the Wholesale Power Contract, the parties agree that the RGS Agreement or Wholesale Power Contract, respectively, shall prevail.
Other Special Provisions. I understand I must always have an updated VSA, W-9, and Evidence of Insurance as noted above, Contract and/or price sheet on file in order to provide services. I understand it is my responsibility to keep these forms up to date by emailing them to xxxxxxxxx@xxxxxxxxxxxxxxx.xxx or uploading them via Xxxxxxxxxxx.xxx. Confirmation of receipt must be sent to me in order to acknowledge receipt. Submission is not confirmation. Any deviation of preapproved services/charges will result in nonpayment. No exceptions. New or first time vendors may not submit documents via the xxxxxxxxxxx.xxx website or directly to the contracts team.
Other Special Provisions. The special provisions set forth on Attachments C and D are incorporated herein by reference, and made a part hereof. Consultant: Project: Date: Basic Compensation: $ Phase of Work (Describe) % of Total Progress Payment Phase I: % $ Phase II: % $ Phase III: % $ Phase IV: % $ Phase V: % $ Total Basic Compensation: $
Other Special Provisions. The Engineer (Consultant) agrees to take steps to ensure that disadvantaged business enterprises (DBEs) are utilized when possible as sources of supplies, equipment, construction, and services as required by 2CFR 200.321. Further, the owner (City) shall make payment to the Engineer (Consultant) in accordance with 8.960 RSMo.
Other Special Provisions. ☐: The name and address of the process agent referred to in Chapter I Article 14 are: Kind Regards The Customer: Seal checked by: (Original reservation seal) Legal representative Unified number: The original (copy) of this Agreement ☑has been received ☐is not required from the Bank The Customer: Seal checked by: (Original reservation seal) Legal representative Unified number: The original (copy) of this Agreement ☐has been received ☐is not required from the Bank The Customer: Seal checked by: (Original reservation seal) Legal representative Unified number: The original (copy) of this Agreement ☐has been received ☐is not required from the Bank Responsible Person Reviewer Supervisor The Customer: Seal checked by: (Original reservation seal) Legal representative Unified number: The original (copy) of this Agreement ☐has been received ☐is not required from the Bank The Customer: Seal checked by: (Original reservation seal) Legal representative Unified number: The original (copy) of this Agreement ☐has been received ☐is not required from the Bank The Customer: Seal checked by: (Original reservation seal) Legal representative Unified number: The original (copy) of this Agreement ☐has been received ☐is not required from the Bank Responsible Person Reviewer Supervisor Date:
