Paragraph Five. In order to serve public interest, under a specific authorizing law, the CONCESSION- GRANTING AUTHORITY may resume the service during the concession period, after payment of the compensation of the installments of investments attached to reversible assets, not yet amortized or depreciated, which have been made by the TRANSMISSION UTILITY so as to secure the continuity and modernity of the service granted. Paragraph Six – Upon verification of any of the default cases provided for in Law No. 8.987 of 1995, and in this CONTRACT, the CONCESSION-GRANTING AUTHORITY shall issue, in order to secure the continuity and modernity of the service, the declaration of caducity of the concession, which will be preceded by an administrative proceeding to prove infractions or failures of the TRANSMISSION UTILITY. The TRANSMISSION UTILITY shall have the right to ample defense and compensation, calculated in the course of the proceedings. The amounts of penalties and damages caused by the TRANSMISSION UTILITY will be deducted from the compensation ascertained. Paragraph Seven - The administrative default proceeding will not be filed until the TRANSMISSION UTILITY has been fully informed of the contractual infractions, and enough time has been given for the TRANSMISSION UTILITY to make the corrections of the alleged failures and transgressions pointed out. Paragraph Eight - The declaration of caducity shall not imply, for the CONCESSION-GRANTING AUTHORITY or XXXXX, any kind of liability for the charges, burdens, obligations or commitments with third parties or with employees of the TRANSMISSION UTILITY. Paragraph Nine - By means of a legal action specifically filed for this purpose, the TRANSMISSION UTILITY may terminate this CONTRACT, in the event of breach by the CONCESSION-GRANTING AUTHORITY of the contractual rules. In this case, the TRANSMISSION UTILITY shall not interrupt or stop the provision of the service until the final court decision ruling on the termination of this CONTRACT has been rendered. ATTORNEY GENERAL´S OFFICE/XXXXX INITIALS Paragraph Ten - In any of the cases of termination of the concession, the CONCESSION-GRANTING AUTHORITY will take over the service, directly or through its agents, to secure the continuity and regularity of the provision of PUBLIC SERVICE OF ELECTRIC POWER TRANSMISSION. [Provision applicable only to Lot 11] Paragraph Eleven - Termination of the contract for non-verification of the suspensive condition referred to in this Section shall ...
Paragraph Five. The Electric Distribution Lines and Systems of the Company, including the structures, towers, poles, wires, insulators and appurtenances, appliances, conductors, conduits, cables, transformers, meters, regulator stations and regulators, accessories, devices and equipment and all of the Company’s other property, real, personal or mixed, forming a part of or used, occupied or enjoyed in connection with or in anywise appertaining to said distribution lines and systems, together with all of the Company’s rights-of-way, easements, permits, prescriptions, privileges, municipal or other franchises, licenses, consents, immunities and rights for or relating to the construction, maintenance or operation thereof, through, over, across, under, or upon any public streets or highways or other lands or property, public or private, all located in the Parish of Orleans, State of Louisiana. PARAGRAPH SIX The Gas Distributing Systems of the Company, whether now owned or, subject to the provisions of Section 15.03 of the Original Indenture, hereafter acquired, including gas regulator stations, gas main crossings, odorizing equipment, gas metering stations, shops, service buildings, office buildings, expansion tanks, conduits, gas mains and pipes, mechanical storage sheds, boilers, service pipes, fittings, city gates, pipelines, booster stations, reducer stations, valves, valve platforms, connections, meters and all appurtenances, appliances, devices and equipment and all the Company’s other property, real, personal or mixed forming a part of or used, occupied or enjoyed in connection with or in anywise appertaining to said distributing systems, or any of them, together with all of the Company’s rights-of-way, easements, prescriptions, servitudes, privileges, immunities, permits and franchises, licenses, consents and rights for or relating to the construction, maintenance or operation thereof, in, on, through, across or under any public streets or highways or other lands or property, public or private, including all the Company’s right, title and interest in and to the following situated in the State of Louisiana: ORLEANS PARISH
Paragraph Five. The ALLOWED ANNUAL REVENUE - RAP will be billed by the TRANSMISSION UTILITY in twelfths, each calendar month, to the USERS of the BASIC NETWORK, according to XXXXX Regulations and terms and conditions established in the CPST. Paragraph Six - The ALLOWED ANNUAL REVENUE - RAP will be discounted, based on a reduction on a monthly basis, due to the unavailability and/or reduction of the operational capacity of the TRANSMISSION FUNCTIONS (FTs), according to XXXXX Regulations. Paragraph Seven - The portion relating to the discount defined in the previous Paragraph cannot exceed the ALLOWED ANNUAL REVENUE discount limits established in the CPST and XXXXX Normative Resolution No. 729 of June 28, 2016, for the continuous period of 12 (twelve) months prior to the month of occurrence of the event, including this month.
Paragraph Five. The Adviser agrees that the Sub-Adviser shall not be expected to recommend the purchase or sale of any security or other investment instrument (such as a credit default swap) to the extent applicable on behalf of any Fund on the basis of any information which might cause such purchase or sale to, in the Sub-Adviser’s opinion, constitute a violation of any federal or state laws, rules or regulations. The Sub-Adviser shall use its best judgment in carrying out its duties hereunder, but does not guarantee investment results. No past performance of the Sub-Adviser or its affiliates should be relied upon or considered a reliable indicator of present or future performance.
Paragraph Five. The Executive and the Company understand and agree that each has the right, upon fourteen (14) days' written notice (hereinafter referred to as the "Notice Period"), to terminate the employment relationship for any reason whatsoever. The Company may, at its option, pay the Executive for the Notice Period in lieu of active employment during the Notice Period. It is further agreed that Company may terminate such employment without any notice in the event Executive breaches this Agreement, commits any dishonest or fraudulent act or is unable to lawfully perform his duties hereunder.
Paragraph Five. For the purposes of the special obligation referred to in item IV of this Clause, the CLIENT is considered aware of: I - receipt of summons, subpoena or notification, judicial or out-of-court, made by a judicial or administrative authority. II - communication of the fact by the CLIENT to the competent authority; and III - adoption of a measure by the CLIENT to correct and/or remedy the damages.
Paragraph Five. For the purposes of item II of the head provision of this Clause, the following definitions are adopted:
Paragraph Five. The Performance Bond will be returned within 5 (five) business days after submission of the return request accompanied by the TLD. SECTION TEN - PENALTIES For infringements of legal, regulatory or contract provisions, pertaining to the PUBLIC SERVICE OF ELECTRIC POWER TRANSMISSION, the TRANSMISSION UTILITY shall be subject to the penalties provided for in the legislation, especially those established in XXXXX Resolutions, without prejudice to the provisions of section III, Article 17, Appendix I, of Decree No. 2.335, of October 6, 1997, and Sections Eleven and Twelve of this CONTRACT. Paragraph One – The concessionaire shall be subject to a fine, imposed by XXXXX under the terms of a specific resolution, at the maximum amount for infraction incurred of 2% (two percent) of the sum of the utility's ATTORNEY GENERAL´S OFFICE/XXXXX INITIALS
Paragraph Five. All the payments due by PURCHASER will be made free of any liens and deductions not expressly provided for in this AGREEMENT, as long as not deriving from legal and/or regulatory determination. Paragraph Six — The discount percentage in the TUSD (payment of a distribution use of system charge) given by the generating source, as per authorization to be issued by an ANEEL’s Resolution specifically for such purpose, may on a certain consumption month be changed by CCEE in accordance with Normative Resolution from XXXXX under No.286 dated November 6, 2007 and with the COMMERCIALIZATION RULES from CCEE. Paragraph Seven — If CCEE ascertains a discount percentage other than 50% in a billing cycle, the value of the POWER Price — PEM in R$/MWh (reais per megawatt/hour) provided for in the caput of Clause Seven in that respective billing cycle will be thereafter the PpEN (Power Proportional Price) and shall be calculated according to the following formula: PpEN = PEN — [VDB x (50 — Disc %)] / 50.0; where • PpEN = Power Proportional Price, expressed in R$/MWh (reais per megawatt/hour) • PEN = POWER Price, in R$/MWh (reais per megawatt/hour), provided for in the caput of Clause Seven in force for each BILLING CYCLE; • VDB = Base Difference Value, equal to R$28.50/MWh, on a base date on 01/01/2009, and must be adjusted according to the criterion of Paragraph Four of Clause Seven; • % Disc = percentage value of the discount defined by CCEE in a BILLING CYCLE Paragraph Eight — Should CCEE disclose the discount percentage other than 50%, as provided for in paragraph seven above, the new value calculated for the month of application of the new discount percentage will be compared to the value already collected in the respective invoice. The difference ascertained, upward or downward, in reais (R$), will be given back or charged in the next invoice to be issued after the date of disclosure by CCEE. Paragraph Nine — SELLER undertakes to reimburse the reduction in the discount of the TSDU’s value, applicable only to the quantities of MONTHLY CONTRACTED POWER WITH INCENTIVES. Paragraph Ten — SELLER will not be liable for the reimbursement due to the reduction in the discount of the TSDU caused by PURCHASER. Paragraph Eleven — The changes in the COMMERCIALIZATION RULES as a result of the application of Normative Resolution from XXXXX under No. 286 of November 6, 2007 may result in changes in the form and under the limits for reimbursement to PURCHASER so as to keep the conditio...
Paragraph Five. QUALITY SPECIFICATIONS. The quality of crude received shall be guaranteed by the Seller up to the Point of Delivery; however, it shall be verified by the BUYER at the Point of Delivery set out in Clause Six and shall comply with the following quality specifications: Field ° API Minimum SULPHUR (% weight) Maximum BSW (% in volume) Maximum XXX (Lb/1000Bls) Maximum Guayuyaco 25.0° 0,70 0,50 20,0 Chaza 29.0° 0,41 0,50 20,0
