Special Contracts. Between the date of this Agreement until the Closing, Seller Parent shall, and shall cause its Affiliates and the Representatives of Seller Parent and its Affiliates to, use their reasonable best efforts to diligently search and identify to Buyer Parent Contracts that contain any non-compete, exclusivity or similar provision which would restrict the conduct of the business of Buyer Parent and its Affiliates (including the Transferred Group) post Closing, the Business or the use of the Acquired Assets after consummation of the Transactions (such terms, “Restrictive Terms” and such Contract, “Restrictive Contract”). Seller Parent shall promptly notify Buyer Parent in writing after the identification of such Restrictive Contracts and include a complete and correct copy of such Restrictive Contract with the written notice (the “Seller Contract Notice”). At the election of Buyer Parent, the Seller Parent shall, and shall cause its Controlled Affiliates to, use their commercially reasonable efforts to (i) remove Restrictive Terms from the Restrictive Contracts, (ii) amend such Restrictive Terms to the satisfaction of Buyer Parent (at its sole discretion) or (iii) if unable to remove or amend Restrictive Terms to either (a) enter into arrangements to provide to Buyer Parent the rights, benefits and interests of any such Restrictive Contract and to the extent the full benefits of any such Restrictive Contract cannot be provided to Buyer Parent after the Closing, then Seller Parent shall, and shall cause its Affiliates to, enter into such arrangements to provide to Buyer Parent the economic and operational equivalent of such Restrictive Contract or (b) request Seller Parent to terminate the Restrictive Contract provided any such termination fees or penalties arising therefrom will be the sole responsibility of the Buyer Parent.
Special Contracts. Except as specified in Attachment 3.9, there are no contracts or agreements of Borrower or Citizens or Farmers, which:
Special Contracts. KCPL agrees that for ratemaking determinations, Praxair, Ford and other special contracts will be treated as if they were paying the full generally applicable tariff rate for service from KCPL and other provisions in special contracts will not affect rate base for regulatory purposes.
Special Contracts. Special contract customers who wish to retain the benefits of their existing contracts should have the opportunity to do so after Competition Day. All customers served under special contracts in existence as of Competition Day may elect one of the following options on a one-time basis: They may "opt out" of their contract as provided by their contract, receive market energy and take other services under tariffed rates. They may retain their contract at Competition Day at prices dictated by the contract and receive Transition Service and, thereafter, Default Service for the remainder of the contract term. No additional payments will be required for Transition or Default Service energy. They may have their contracts unbundled by subtracting 3.7 cents per kWh from their contract rates and receive energy from a competitive supplier for the remaining term of their contract. All other provisions of their contract will remain in effect.
Special Contracts. Charges for services or items not specifically provided for in these Terminal Rules and Regulations shall be assessed pursuant to a separate contract with Terminal.
Special Contracts. Charges for services or items not specifically provided for in these Terminal Rules and Regulations shall be assessed pursuant to a separate contract with Tampa Electric.
Special Contracts. The Signatories agree that the special contracts currently in effect should continue without any material changes, with the exception of the contract with Triumph Foods, LLC, in which the commodity charge will be revised consistent with the confidential Rebuttal Testimony of Staff Witness Xxxxxxx X. Xxxxxx.
Special Contracts. KCPL agrees that in any rate proceedings, any special contracts with customers that provide for discounted rates will treated as if they provided for revenues at the full generally applicable tariff rate including any ECA tariffs for service from KCPL and that any other special contractual provisions will treated in a manner that results in no increase in rates for other customers.
Special Contracts. A. The Employer agrees to pay $400.00 per year to each employee who holds a Black Seal License. The Employer shall also pay for the employee's renewal of the license.
Special Contracts. The Parties agree that AE Supply will support via this Agreement AP's obligation to provide generation service for Eramet under its current Electric Service Agreement, at the unbundled generation rate of $10.11/MWh plus the Fuel Component (inclusive of losses), through September 1, 2004, unless such Electric Service Agreement is sooner terminated. The Operating Committee shall oversee the methodology for calculating the Fuel Component, hereunder, assuring that the necessary data are available and such calculation is performed in accordance with the agreements that are in effect between AP and Eramet. This provision shall survive termination of this Agreement, unless termination occurs pursuant to ss.8.2. The Parties also agree that if AP cannot or does not avoid under the provisions of Section 4.2 above the extension of the Eramet Electric Service Agreement beyond its present termination date, then AE Supply's obligation to continue to supply Power for such Eramet load hereunder shall cease effective September 1, 2004.
