Settlement Agreement for Scotland Sample Clauses

Settlement Agreement for Scotland. Subject to the foregoing proviso, the joint and unanimous decision of the Contract Managers of the Disputing Parties shall be binding upon the parties to the Dispute. Disputes Committee 37.3 MEC shall constitute a sub-committee ("the Disputes Committee") whose rules and procedures: 37.3.1 shall be issued by MEC from time to time; 37.3.2 shall be subject to and in accordance with the principles set out in Clause 37.6; 37.3.3 shall be binding on the parties so that the parties shall be obliged to and shall comply with their obligations under such rules and procedures and, subject to any subsequent award in any Electricity Arbitration Association ("EAA") arbitration in relation to a Dispute or judgment in the event of a Third Party Claim (as defined below), shall be obliged to and shall comply with any decision made by the Disputes Committee pursuant to this Clause 37 and/or such rules and procedures. 37.4 Subject to review by MEC no earlier than 12 months or as MEC otherwise decides and completed no later than 15 months after the start of Controlled Market Start-Up for the Host PES that is the first Host PES to commence Controlled Market Start-Up the costs of constituting and maintaining the Disputes Committee and the costs of the Disputes Committee in relation to any particular Dispute shall be recovered by MEC as costs and expenses of MEC in accordance with the provisions of Clause 8. 37.5 If the Contract Managers are unable to resolve a Dispute within 10 Working Days of the reference of a Dispute to them then any Disputing Party may refer the Dispute to the Disputes Committee by notice in writing to all Disputing Parties. 37.6 The rules of the Disputes Committee shall be subject to and in accordance with the following principles: 37.6.1 The Disputes Committee shall not act as expert or arbitrator; 37.6.2 decisions of the Disputes Committee shall be binding upon the Disputing Parties unless and until one of the Disputing Parties refers the Dispute to arbitration pursuant to clause 37.7; 37.6.3 the Disputing Parties shall be able to make written and oral submissions to the Disputes Committee in relation to all matters of fact and law in relation to that Dispute, including the interpretation and application of this Agreement; 37.6.4 the Disputing Parties shall not be entitled to have legal or other representation before the Disputes Committee provided that nothing in this Clause 37.6.4 or otherwise shall prevent a Disputing Party from adducing any evidence, ...
Sample 1
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Settlement Agreement for Scotland. 1. Insofar as the licensee supplies or offers to supply electricity to any premises situated in Scotland, it shall become a party to and thereafter comply with the provisions of the Settlement Agreement for Scotland.
Sample 1

Related to Settlement Agreement for Scotland

  • Xxxxxx Agreement Xxxx Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreement, written or oral, with respect thereto.

  • INVESTMENT MANAGEMENT AGREEMENT Separate written agreements entered into (i) by the Manager and the Master Fund and (ii) by the Manager and the Company, pursuant to which the Manager provides investment management services to the Master Fund.

  • Independent Agreement The covenants made in this Section 9 shall be construed as an agreement independent of any other provisions of this Agreement, and shall survive the termination of this Agreement. Moreover, the existence of any claim or cause of action of Executive against the Company or any of its affiliates, whether or not predicated upon the terms of this Agreement, shall not constitute a defense to the enforcement of these covenants.

  • Independent Agreements The covenants set forth in Section 9.3 above shall be construed as an agreement independent of any other provision contained in this Agreement, and the existence of any claim or cause of action, whether predicated upon this Agreement or otherwise, against the Company or any of its Affiliates shall not constitute a defense to the enforcement by the Company or any of its Affiliates of any of such covenants. The Executive acknowledges that the Company has fully performed all obligations entitling it to the benefit of the covenants set forth in Section 9.3 above, and that such covenants, therefore, are not executory or otherwise subject to rejection under the Bankruptcy Code of 1978.

  • The Management Agreement Borrower shall use commercially reasonable efforts to cause Manager to manage the Property in accordance with the Management Agreement. Borrower shall (a) diligently perform and observe all of the material terms, covenants and conditions of the Management Agreement on the part of Borrower to be performed and observed, (b) promptly notify Agent of any notice to Borrower or Manager of any default by Borrower in the performance or observance of any material terms, covenants or conditions of the Management Agreement on the part of Borrower to be performed and observed, and (c) promptly deliver to Agent a copy of all material notices received by it (including, without limitation, any notices relating to the Ground Lease, the Reciprocal Easement and any Joint Manager (as defined in the Reciprocal Easement Agreement) and, upon request by Agent, any other financial statement, business plan, capital expenditures plan, report and estimate received by it under the Management Agreement (but excluding any immaterial general correspondence and internal discussion drafts of any such plans, reports or estimates); and (iv) promptly enforce the performance and observance of all of the material covenants required to be performed and observed by Manager under the Management Agreement. If Borrower shall default in the performance or observance of any material term, covenant or condition of the Management Agreement on the part of Borrower to be performed or observed, then, without limiting Agent’s other rights or remedies under this Agreement or the other Loan Documents, and without waiving or releasing Borrower from any of its obligations hereunder or under the Management Agreement, Agent shall have the right, but shall be under no obligation, to pay any sums and to perform any act as may be appropriate to cause all the material terms, covenants and conditions of the Management Agreement on the part of Borrower to be performed or observed.

  • Assignment of Management Agreement As additional collateral security for the Loan, Borrower conditionally transfers, sets over, and assigns to Lender all of Borrower’s right, title and interest in and to the Management Agreement and all extensions and renewals. This transfer and assignment will automatically become a present, unconditional assignment, at Lender’s option, upon a default by Borrower under the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents (each, an “Event of Default”), and the failure of Borrower to cure such Event of Default within any applicable grace period.

  • Fifth Amended and Restated Limited Liability Company Operating Agreement Dated as of November 30, 2012

  • Marketing Agreement The Company shall have entered into, ------------------- executed and delivered the Marketing Agreement.

  • Omnibus Instrument; Execution and Incorporation of Terms The parties to this Coordination Agreement will enter into this Coordination Agreement by executing the Omnibus Instrument. By executing the Omnibus Instrument, each party hereto agrees that this Coordination Agreement will constitute a legal, valid and binding agreement by and among the Trust, Principal Life, PFG, PFSI, the Custodian and the Indenture Trustee. All terms relating to the Trust or the Notes not otherwise included in this Coordination Agreement will be as specified in the Omnibus Instrument or Pricing Supplement, as indicated herein.

  • Entire Agreement; Counterparts; Applicable Law This Agreement

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