Examples of NBWD in a sentence
No oral agreement or conversation with any officer, agent, or employee of the Owner or NBWD, either before or after the Effective Date of this Agreement, shall affect or modify any of its terms or obligations herein contained.
The Owner will manage external communication with news media and community organizations representing the Facilities, except in the event of a public health water quality or facilities infrastructure failure incident whereby, NBWD will manage all communication with news media and community organizations regarding those incidents.
All regulatory and operational records relating to the Facilities are the property of the Owner; however, NBWD shall be entitled to copies of such records and reasonable use thereof.
NBWD shall provide the Basic Services at its cost and expense, in consideration for which the Owner shall pay NBWD the “Agreement Price” as set forth in Exhibit D attached hereto.
The occurrence of an Uncontrollable Circumstance shall not, however, excuse or delay the Owner’s obligation to pay monies previously accrued and owing to NBWD under this Agreement, or for NBWD to perform any obligation under this Agreement not affected by the occurrence of the Uncontrollable Circumstance.
The terms and conditions of this Agreement may be amended by and between NBWD and the Owner; however, no changes, alternations, or modifications to this Agreement shall be effective unless in writing and signed by both Parties hereto.
The Owner agrees that it will not directly or indirectly solicit employees of NBWD during the Term of this Agreement and for a two (2) year period after the expiration of this Agreement.
The Owner may assign this Agreement with the prior written consent of NBWD or its assignee, which consent shall not be unreasonably withheld by NBWD.
If the Owner decides not to proceed with construction and implementation of a Capital Improvement Project recommended by NBWD that is necessary to address or anticipate the obsolescence of portions of the Facilities or comply with existing or anticipated changes to Applicable Law, then that decision may be considered an Uncontrollable Circumstance as defined herein.
NBWD may assign this Agreement with the prior written consent of the Owner, which consent shall not be unreasonably withheld by the Owner; provided, however, that NBWD shall not require the consent of the Owner if assignment of this Agreement is to an affiliate, subsidiary, or related entity of NBWD.