Termination of Agreement Upon Publication of MMS Regulations Sample Clauses

Termination of Agreement Upon Publication of MMS Regulations. Seller shall have the right to terminate the Agreement and Buyer will retain $3,000,000 in Development Period Security (or $1,500,000 in Development Period Security if such termination occurs within ninety (90) days of the Execution Date in the case of Section 5.6(b) below) if (a) definitive non appealable procedures with respect to the permitting and siting of offshore wind farms (“MMS Regulations”) are not published by the MMS by May 31, 2011, or (b) at any time within ninety (90) days of the publication of the MMS Regulations, but no later than August 31, 2011, Seller determines in its reasonable discretion that the MMS Regulations, in combination with the terms of the Agreement, prevent Seller from performing its obligations under the Agreement or make such performance Economically Unfeasible and such determination is verified and confirmed in writing to Buyer and Seller by the Independent Evaluator within sixty
Sample 1
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Termination of Agreement Upon Publication of MMS Regulations. Seller shall have the right to terminate the Agreement and Buyer will retain $6,000,000 in Development Period Security (or $3,000,000 in Development Period Security if such termination occurs within ninety (90) days of the Execution Date in the case of Section 5.6(b) below) if (a) definitive non appealable procedures with respect to the permitting and siting of offshore wind farms (“MMS Regulations”) are not published by the MMS by November 30, 2010, or (b) at any time within ninety (90) days of the publication of the MMS Regulations, but no later than February 28, 2011, Seller determines in its reasonable discretion that the MMS Regulations, in combination with the terms of the Agreement, prevent Seller from performing its obligations under the Agreement or make such performance Economically Unfeasible and such determination is verified and confirmed in writing to Buyer and Seller by the Independent Evaluator within sixty (60) days of Notice from Seller of its intent to terminate the Agreement pursuant to this Section 5.6. In the event the MMS Regulations are not published by November 30, 2010 and Seller does not elect to exercise its termination right described in this Section 5.6 above, the extension periods and other accommodations related to the publication of the MMS Regulations set out in Section 2.1 shall no longer be effective.
Sample 1

Related to Termination of Agreement Upon Publication of MMS Regulations

  • PUBLICATION OF AGREEMENT The Department will publish an abridged version of this Agreement on the WA health system internet site, in accordance with Schedule D9 of the NHRA. Any subsequent amendments to this Agreement will also be published in accordance with Schedule D9 of the NHRA.

  • Transition of Registry upon Termination of Agreement Upon expiration of the Term pursuant to Section 4.1 or Section 4.2 or any termination of this Agreement pursuant to Section 4.3 or Section 4.4, Registry Operator shall provide ICANN or any successor registry operator that may be designated by ICANN for the TLD in accordance with this Section 4.5 with all data (including the data escrowed in accordance with Section 2.3) regarding operations of the registry for the TLD necessary to maintain operations and registry functions that may be reasonably requested by ICANN or such successor registry operator. After consultation with Registry Operator, ICANN shall determine whether or not to transition operation of the TLD to a successor registry operator in its sole discretion and in conformance with the Registry Transition Process; provided, however, that (i) ICANN will take into consideration any intellectual property rights of Registry Operator (as communicated to ICANN by Registry Operator) in determining whether to transition operation of the TLD to a successor registry operator and (ii) if Registry Operator demonstrates to ICANN’s reasonable satisfaction that (A) all domain name registrations in the TLD are registered to, and maintained by, Registry Operator or its Affiliates for their exclusive use, (B) Registry Operator does not sell, distribute or transfer control or use of any registrations in the TLD to any third party that is not an Affiliate of Registry Operator, and (C) transitioning operation of the TLD is not necessary to protect the public interest, then ICANN may not transition operation of the TLD to a successor registry operator upon the expiration or termination of this Agreement without the consent of Registry Operator (which shall not be unreasonably withheld, conditioned or delayed). For the avoidance of doubt, the foregoing sentence shall not prohibit ICANN from delegating the TLD pursuant to a future application process for the delegation of top-­‐level domains, subject to any processes and objection procedures instituted by ICANN in connection with such application process intended to protect the rights of third parties. Registry Operator agrees that ICANN may make any changes it deems necessary to the IANA database for DNS and WHOIS records with respect to the TLD in the event of a transition of the TLD pursuant to this Section 4.5. In addition, ICANN or its designee shall retain and may enforce its rights under the Continued Operations Instrument for the maintenance and operation of the TLD, regardless of the reason for termination or expiration of this Agreement.

  • Application of Agreement 4.1 This Agreement applies to:

  • Termination of Agreement If this Agreement is terminated by the Representatives in accordance with the provisions of Section 5 or Section 9(a)(i) hereof, the Company shall reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of counsel for the Underwriters.

  • Amendment or Termination of Agreement This Agreement may be changed or terminated only upon the mutual written consent of the Company and Executive. The written consent of the Company to a change or termination of this Agreement must be signed by an executive officer of the Company after such change or termination has been approved by the Board.

  • Withdrawal of Property from Market or Termination of Discussions Potential Investor acknowledges that the Property has been offered for sale subject to withdrawal of the Property from the market at any time or rejection of any offer because of the terms thereof, or for any other reason whatsoever, without notice, as well as the termination of discussions with any party at any time without notice for any reason whatsoever.

  • Termination of Agreements (a) Except as set forth in Section 2.7(b), in furtherance of the releases and other provisions of Section 4.1, SpinCo and each member of the SpinCo Group, on the one hand, and Parent and each member of the Parent Group, on the other hand, hereby terminate any and all agreements, arrangements, commitments or understandings, whether or not in writing, between or among SpinCo and/or any member of the SpinCo Group, on the one hand, and Parent and/or any member of the Parent Group, on the other hand, effective as of the Effective Time. No such terminated agreement, arrangement, commitment or understanding (including any provision thereof which purports to survive termination) shall be of any further force or effect after the Effective Time. Each Party shall, at the reasonable request of the other Party, take, or cause to be taken, such other actions as may be necessary to effect the foregoing.

  • Implementation of Agreement Each Party must promptly execute all documents and do all such acts and things as is necessary or desirable to implement and give full effect to the provisions of this Agreement.

  • Waiver or Change of Policy Provisions A waiver or change of a provision of this policy must be in writing by us to be valid. Our request for an appraisal or examination will not waive any of our rights.

  • Promotion of Agreement It is agreed that Vendor will encourage all eligible entities to purchase from the TIPS Program. Encouraging entities to purchase directly from the Vendor and not through TIPS Agreement is a violation of the terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS Program.

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