Change in Governmental Requirements definition

Change in Governmental Requirements means any of the following events which has an effect on Seller, the development, construction, and/or operation of the Plant or Seller's ability to perform any of its obligations under this Agreement: (a) the enactment of a new Governmental Requirement after the date of this Agreement; (b) a change in interpretation or application of a Governmental Requirement after the date hereof; provided that for purposes of this Agreement, the Parties agree that the Supreme Court's decision in Massachusetts vs. EPA (April 2, 2007) finding that the Environmental Protection Agency has the authority to regulate carbon dioxide and other greenhouse gases as pollutants under the Clean Air Act and the EPA's determination on April 17, 2009 that carbon dioxide and five other greenhouse gases constitute pollutants that are harmful to public health and welfare, as well as any resulting regulation and/or interpretation of current laws and regulations based on such Supreme Court decision and EPA determination shall constitute a Change in Governmental Requirements for all purposes of this Agreement; (c) a change in any conditions or requirements of any Governmental Approval or by any Governmental Authority after the date of this Agreement in connection with the permitting of the Plant; provided that Seller shall use Commercially Reasonable Efforts to minimize the effects of any such conditions or requirements and the costs thereof, or (d) the imposition of any condition or requirement by any Governmental Authority in connection with the grant of any financial incentive (including a Federal Loan Guarantee), other than any requirement under the DOE Guaranteed Financing relating to Carbon Related Products and not involving the sale of Carbon Related Products through a pipeline; provided that Seller agrees to use Commercially Reasonable Efforts to minimize the long-term effects of any such conditions or requirements and the costs thereof. For the avoidance of doubt, in each case of clauses (a) – (d) above, the loss or expiration of or reduction in the coal production tax available to Seller under Indiana Code 6-3.1-29 shall be excluded.
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Examples of Change in Governmental Requirements in a sentence

  • The Independent Engineer shall determine the economic effect of each such Change in Governmental Requirements, and the appropriate adjustments to the Base Contract Price that the Independent Engineer has in good faith determined to be necessary to reflect the cost impact resulting from such Change in Governmental Requirements and the value of any associated tax benefits.

  • If compliance with the Change in Governmental Requirements can be accomplished through the payment of a Tax or some other action by Seller, then in that circumstance Seller shall conduct a cost-benefit analysis of paying the Tax versus the other action, which may include modifications to the Plant, and Seller shall choose the option that minimizes any increase in the Adjusted Base Contract Price.

  • To ensure that all places within the organization promote the issue of IT security in the sense of the Executive Board, the Executive Board delegates responsibility for implementation to the divisions (IT Security Policy part of the IT Directive).

  • The adjustment to the Base Contract Price shall include an aggregate return to Seller on any additional capital employed by Seller equal to the return on the Capital Component in accordance with the Public Act; provided that the value of any tax benefit actually received shall be taken into account in determining the effects of any Change in Governmental Requirements.

  • The adjustments to the Base Contract Price required under this Section 5.3(b) (Adjustments for Change in Governmental Requirements) shall be calculated on an “open book” basis.

  • Seller shall utilize its Commercially Reasonable Efforts to minimize any New Taxes that are recoverable by Seller from Buyer pursuant to this Section 5.3(a) (Adjustments for Payment of New Taxes and Change in Governmental Requirements), including any reasonable steps to mitigate such New Taxes which may be suggested by Buyer.

  • The adjustments to the Base Contract Price required under this Section 5.3(b) (Adjustments to Base Contract Price for New Taxes and Change in Governmental Requirements) shall be calculated on an "open book" basis.

  • Notice of Change in Governmental Requirements..............................................

  • For purposes of determining the Adjusted Base Contract Price, any CO2 Taxes that are imposed after the Execution Date shall be considered a Change in Governmental Requirements rather than a New Tax, and any other Taxes that do not fall within the definition of CO2 Taxes shall be considered New Taxes rather than a Change in Governmental Requirements.

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Related to Change in Governmental Requirements

  • Governmental Requirement means any law, statute, code, ordinance, order, determination, rule, regulation, judgment, decree, injunction, franchise, permit, certificate, license, rules of common law, authorization or other directive or requirement, whether now or hereinafter in effect, of any Governmental Authority.

  • Governmental Requirements means all judgments, orders, writs, injunctions, decrees, awards, laws, ordinances, statutes, regulations, rules, franchises, permits, certificates, licenses, authorizations and the like and any other requirements of any government or any commission, board, court, agency, instrumentality or political subdivision thereof.

  • Environmental Requirement means any Environmental Law, agreement or restriction, as the same now exists or may be changed or amended or come into effect in the future, which pertains to any Hazardous Material or the environment including ground or air or water or noise pollution or contamination, and underground or aboveground tanks.

  • Environmental Requirements means any legal requirement relating to health, safety or the environment and applicable to the Borrower, any Subsidiary or the Properties, including but not limited to any such requirement under CERCLA or similar state legislation and all federal, state and local laws, ordinances, regulations, orders, writs, decrees and common law.

  • Governmental Rule means any law, rule, regulation, ordinance, order, code interpretation, treaty, judgment, decree, directive, guidelines, policy or similar form of decision of any Governmental Authority.

  • Governmental Real Property Disclosure Requirements means any Requirement of Law of any Governmental Authority requiring notification of the buyer, lessee, mortgagee, assignee or other transferee of any Real Property, facility, establishment or business, or notification, registration or filing to or with any Governmental Authority, in connection with the sale, lease, mortgage, assignment or other transfer (including any transfer of control) of any Real Property, facility, establishment or business, of the actual or threatened presence or Release in or into the Environment, or the use, disposal or handling of Hazardous Material on, at, under or near the Real Property, facility, establishment or business to be sold, leased, mortgaged, assigned or transferred.

  • Capital Requirements means, as to any person, any matter, directly or indirectly, (i) regarding capital adequacy, capital ratios, capital requirements, the calculation of such person’s capital or similar matters, or (ii) affecting the amount of capital required to be obtained or maintained by such person or any person controlling such person (including any direct or indirect holding company), or the manner in which such person or any person controlling such person (including any direct or indirect holding company), allocates capital to any of its contingent liabilities (including letters of credit), advances, acceptances, commitments, assets or liabilities.

  • Regulatory Capital Requirements means any applicable capital resources requirement or applicable overall financial adequacy rule required by the Relevant Regulator, as such requirements or rule are in force from time to time;

  • Operational requirements means the need to ensure that the Agency is to be operated as effectively, efficiently and economically as possible.

  • MREL Requirements means the laws, regulations, requirements, guidelines, rules, standards and policies relating to minimum requirements for own funds and eligible liabilities applicable to the Issuer and/or the Group, from time to time, (including any applicable transitional or grandfathering provisions), including, without limitation to the generality of the foregoing, any delegated or implementing acts (such as regulatory technical standards) adopted by the European Commission and any regulations, requirements, guidelines, rules, standards and policies relating to minimum requirements for own funds and eligible liabilities adopted by the Federal Republic of Germany or the Republic of Italy, a relevant resolution authority or the European Banking Authority from time to time (whether or not such requirements, guidelines or policies are applied generally or specifically to the Issuer and/or the Group), as any of the preceding laws, regulations, requirements, guidelines, rules, standards, policies or interpretations may be amended, supplemented, superseded or replaced from time to time.

  • Governmental Rules means any and all laws, statutes, codes, rules, regulations, ordinances, orders, writs, decrees and injunctions, of any Governmental Authority and any and all legally binding conditions, standards, prohibitions, requirements and judgments of any Governmental Authority.

  • Applicable Governmental Authority means the FERC within the United States and the appropriate governmental authority with subject matter jurisdiction over reliability in Canada and Mexico.

  • Required Governmental Approvals With respect to each Facility, all licenses, permits, accreditations, authorizations and certifications from any Governmental Authority which are material to or required for (i) the operation of such Facility and any Capital Addition thereto for its Primary Intended Use in accordance with all applicable, material Legal Requirements, including, without limitation, material state facility licenses, certificates of need, permits, provider agreements and accreditations or certifications from Medicare and/or Medicaid, and (ii) for any other use conducted on the Leased Property of such Facility and any Capital Additions thereto as may be permitted from time to time hereunder in accordance with all applicable, material Legal Requirements.

  • Environmental, Health or Safety Requirements of Law means all Requirements of Law derived from or relating to foreign, federal, state and local laws or regulations relating to or addressing pollution or protection of the environment, or protection of worker health or safety, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq., the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq., and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., in each case including any amendments thereto, any successor statutes, and any regulations or guidance promulgated thereunder, and any state or local equivalent thereof.

  • Legal Requirements means any and all laws (statutory, judicial or otherwise), ordinances, regulations, judgments, orders, directives, injunctions, writs, decrees or awards of, and any Contracts with, any Governmental Authority, in each case as and to the extent applicable to such person or such person’s business, operations or Properties.

  • Improper governmental action means any action by a district officer or employee:

  • Requirements of Environmental Law means all requirements imposed by any law (including for example and without limitation The Resource Conservation and Recovery Act and The Comprehensive Environmental Response, Compensation, and Liability Act), rule, regulation, or order of any federal, state or local executive, legislative, judicial, regulatory or administrative agency, board or authority in effect at the applicable time which relate to (i) noise; (ii) pollution, protection or clean-up of the air, surface water, ground water or land; (iii) solid, gaseous or liquid waste generation, treatment, storage, disposal or transportation; (iv) exposure to Hazardous Substances; (v) the safety or health of employees or (vi) regulation of the manufacture, processing, distribution in commerce, use, discharge or storage of Hazardous Substances.

  • MREL Requirement means the minimum requirement for own funds and eligible liabilities which is or, as the case may be, will be applicable to the Issuer;

  • Applicable Legal Requirements means all laws (including common law), statutes, regulations, codes, rules, treaties, ordinances, judgments, directives, permits, decrees, decisions, approvals, interpretations, injunctions, writs, orders or other similar legal requirements in effect of any governmental authority relating to the Work, either of the Parties, ADA-ES, Inc., the Project or any of the activities of either of the Parties contemplated by the Potential Transaction.

  • Governmental Actions means any and all consents, approvals, permits, orders, authorizations, waivers, exceptions, variances, exemptions or licenses of, or registrations, declarations or filings with, any Governmental Authority required under any Governmental Rules.

  • Applicable Environmental Laws means any applicable federal, state, or local government law (including common law), statute, rule, regulation, ordinance, permit, license, requirement, agreement or approval, or any applicable determination, judgment, injunction, directive, prohibition or order of any governmental authority with jurisdiction at any level of federal, state, or local government, relating to pollution or protection of the environment, ecology, natural resources, or public health or safety.

  • Governmental Action means all authorizations, consents, approvals, waivers, exceptions, variances, orders, licenses, exemptions, publications, filings, notices to and declarations of or with any Governmental Authority (other than requirements the failure to comply with which will not affect the validity or enforceability of any Loan Document or have a material adverse effect on the transactions contemplated by any Loan Document or any material rights, power or remedy of any Person thereunder or any other action in respect of any Governmental Authority).

  • Contractual Requirement shall have the meaning provided in Section 8.3.

  • Legal Requirement means any treaty, convention, statute, law, regulation, ordinance, license, permit, governmental approval, injunction, judgment, order, consent decree or other requirement of any governmental authority, whether federal, state, or local.

  • Applicable Technical Requirements and Standards means those certain technical requirements and standards applicable to interconnections of generation and/or transmission facilities with the facilities of an Interconnected Transmission Owner or, as the case may be and to the extent applicable, of an Electric Distributor, as published by Transmission Provider in a PJM Manual provided, however, that, with respect to any generation facilities with maximum generating capacity of 2 MW or less (synchronous) or 5 MW or less (inverter-based) for which the Interconnection Customer executes a Construction Service Agreement or Interconnection Service Agreement on or after March 19, 2005, “Applicable Technical Requirements and Standards” shall refer to the “PJM Small Generator Interconnection Applicable Technical Requirements and Standards.” All Applicable Technical Requirements and Standards shall be publicly available through postings on Transmission Provider’s internet website.

  • Environmental Laws means all laws, rules, regulations, codes, ordinances, orders, decrees, judgments, injunctions, notices or binding agreements issued, promulgated or entered into by any Governmental Authority, relating in any way to the environment, preservation or reclamation of natural resources, the management, release or threatened release of any Hazardous Material or to health and safety matters.