Benchmark Agreement definition
Examples of Benchmark Agreement in a sentence
Clause 20 of the Benchmark Agreement (with necessary variations for context and subject to clause 9 of this Agreement) applies to each party’s liability under or in connection with this Agreement.
If a regulatory change that was not reasonably foreseeable at the Commencement Date significantly increases the burden of this Agreement for a party, there is no other method in this Agreement for responding to the regulatory change, and the parties cannot agree on a variation to this Agreement that will mitigate the increased burden, the affected party may refer the matter to dispute resolution under clause 21 of the Benchmark Agreement as incorporated by clause 12.1 of this Agreement.
Clause 13 of the Benchmark Agreement (with necessary variations for context) applies to any force majeure event affecting a party in respect of its obligations under this Agreement.
This Agreement commences on the date the Benchmark Agreement applies as a binding contract between Transpower and the Customer under rule 3.1.3.1 of section II of part F of the Electricity Governance Rules (the “Commencement Date”).
Clause 21 of the Benchmark Agreement (with necessary variations for context) applies to any dispute between the parties under or in connection with this Agreement.
If requested by the SFX Parties, Capstar shall use reasonable efforts to enforce its right to indemnification with respect to the Capstar Stations under the Benchmark Agreement.
NOTE 3 - MATERIAL EVENTS Effective July 19, 2000, pursuant to a Securities Purchase Agreement (the Benchmark Agreement) with Benchmark Merchant Partners, LC ("Benchmark"), Bethurum Labor▇▇▇▇▇▇▇, Inc., a Utah corporation ("Bethurum"), of▇▇▇▇▇ ▇▇d sold an aggregate of 2,950,000 shares of its "restricted securities" (common stock) for an aggregate of $312,500, $100,000 of which was represented by a promissory note.
Clauses 13 (Force Majeure), 20 (Liability), 21 (Dispute Resolution), 22 (Confidentiality), 23 (Assignment), 24 (General Legal Terms) and 25 (Notices) of the Benchmark Agreement will apply as if set out fully in this Agreement with such changes as are necessary to give effect to the intention of this Agreement.
Subject to clause 5.2, Transpower must invoice the Customer for, and the Customer must pay Transpower, the TWA Charges in accordance with Schedule 7 and clauses 10 and 11 of the Benchmark Agreement (with such changes as are necessary to give effect to the intention of this Agreement).
This Agreement is intended by the parties to constitute a waiver of, and otherwise to constitute a continuation of, the CMBC License Agreement and Benchmark Agreement, as applicable, and is not intended by any party and shall not be construed to constitute a novation thereof or of any obligation of any party thereunder.