Purpose and Effect of This Agreement Sample Clauses

Purpose and Effect of This Agreement. Xxxxx County and the Oregon Fish and Wildlife Commission (“Parties”) are entering into this Agreement to resolve fisheries issues related to the entrainment of fish through the Project, consistent with ORS 498.306. This Agreement will establish Xxxxx County’s obligations for fish protection measures in lieu of screening the intake for the Project, as authorized by ORS 498.316. The Parties are bound by this Agreement for the term of the initial FERC license and any annual license or license amendment for the Project issued by FERC for the Project as defined above, unless this Agreement is amended, terminated, or a Party withdraws pursuant to the conditions specified by this Agreement. From the Effective Date of this Agreement through the initial FERC license term, neither of the Parties shall recommend to FERC that fish screening is necessary to prevent entrainment of resident fish into the penstock. While the Parties agree to work together in good faith to cooperatively resolve future disagreements, this Agreement shall not restrict the Parties’ right to advocate for or against measures relating to the construction and operation of the Project other than the specific measures outlined in this Agreement. This Agreement is only relevant to the specific facts and circumstances of the Project as defined above, and it establishes no precedent with regard to any issue addressed within this Agreement or to either party’s participation in the licensing, construction, or operation of other hydroelectric projects. By entering into this Agreement, neither of the Parties shall be deemed to have made any admission or waived any contention of fact or law that it did make or could have made in any FERC proceeding relating to the issuance of a new license for the Project. This Agreement shall not be offered in evidence or cited as precedent by any Party to this Agreement in any judicial litigation, arbitration or other adjudicative proceeding, except in a proceeding to establish the existence of or to enforce or implement this Agreement. It is the Parties intent to cooperate and implement the fish entrainment mitigation measures in a manner that will not conflict with other requirements in the FERC license.
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Purpose and Effect of This Agreement. The purpose of this Participation Agreement is (1) to indicate Participant’s acceptance of all terms and provisions of the Bank of Granite Amended and Restated Salary Continuation Plan (“Plan”); (2) to describe the specific benefits promised to Participant; and (3) to set forth any additional terms and conditions binding upon the Participant. Participant shall be bound by the specific terms of this Participation Agreement and the terms of the Plan. Capitalized terms shall have the meanings assigned to them in the Plan documents.
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Purpose and Effect of This Agreement. 2.1. This Agreement is supplemental to and supersedes any terms relating to Data Protection Legislation (including insofar as they relate to the Processing of Personal Data) in any Supply Agreement.
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Purpose and Effect of This Agreement 
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Related to Purpose and Effect of This Agreement

  • Effect of this Agreement Subject to the Corporation’s right to terminate the Option pursuant to Section 7.4 of the Plan, this Option Agreement shall be assumed by, be binding upon and inure to the benefit of any successor or successors to the Corporation.

  • Effect of this Amendment Except as modified pursuant hereto, no other waivers, changes or modifications to the Financing Agreements are intended or implied, and in all other respects, the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent of conflict between the terms of this Amendment and the other Financing Agreements, the terms of this Amendment shall control.

  • Execution and Effect of Agreement Buyer has the requisite corporate power and authority to enter into this Agreement and to perform its obligations hereunder, and the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby and the performance of Buyer’s obligations hereunder have been duly authorized by all necessary corporate action on the part of Buyer. This Agreement has been duly executed and delivered by Buyer and constitutes the legal, valid and binding obligation of Buyer, enforceable against it in accordance with its terms, subject to the Enforceability Exceptions.

  • Authorization of this Agreement This Agreement has been duly authorized, executed and delivered by or on behalf of such Selling Stockholder.

  • Continuing Nature of this Agreement This Agreement, including the subordination provisions hereof, will be reinstated if at any time any payment or distribution in respect of any of the Parity Lien Obligations is rescinded or must otherwise be returned in an Insolvency or Liquidation Proceeding or otherwise by any holder of Parity Lien Obligations or Parity Lien Representative or any representative of any such party (whether by demand, settlement, litigation or otherwise). In the event that all or any part of a payment or distribution made with respect to the Parity Lien Obligations is recovered from any holder of Parity Lien Obligations or any Parity Lien Representative in an Insolvency or Liquidation Proceeding or otherwise, such payment or distribution received by any holder of Junior Lien Obligations or Junior Lien Representative with respect to the Junior Lien Obligations from the proceeds of any Collateral at any time after the date of the payment or distribution that is so recovered, whether pursuant to a right of subrogation or otherwise, that Junior Lien Representative or that holder of a Junior Lien Obligation, as the case may be, will forthwith deliver the same to the Collateral Trustee, for the account of the holders of the Parity Lien Obligations and other Obligations secured by a Permitted Prior Lien, to be applied in accordance with Section 3.4. Until so delivered, such proceeds will be held by that Junior Lien Representative or that holder of a Junior Lien Obligation, as the case may be, for the benefit of the holders of the Parity Lien Obligations and other Obligations secured by a Permitted Prior Lien.

  • Amendment of this Agreement No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved in a manner consistent with the 1940 Act and rules and regulations thereunder and any applicable SEC exemptive order therefrom.

  • Full Force and Effect of Agreement Except as hereby specifically amended, modified or supplemented, the Credit Agreement and all other Loan Documents are hereby confirmed and ratified in all respects and shall be and remain in full force and effect according to their respective terms.

  • Modification of this Agreement This Agreement may not be modified, nor may compliance with any of its terms be waived, except as noted in Section 11.1, “Notices to Parties,” regarding change in personnel or place, and except by written instrument executed and approved in the same manner as this Agreement. Contractor shall cooperate with Department to submit to the Director of CMD any amendment, modification, supplement or change order that would result in a cumulative increase of the original amount of this Agreement by more than 20% (CMD Contract Modification Form).

  • Authorization and Effect of Agreement Each of Purchaser and the Merger Sub has all requisite right, power and authority to execute and deliver this Agreement and the Ancillary Agreements to which it is or is proposed to be a party and to perform its obligations hereunder and under any such Ancillary Agreements and to consummate the transactions contemplated hereby and thereby. The execution and delivery of this Agreement and the Ancillary Agreements to which it is a party by each of Purchaser and the Merger Sub and the performance by each of Purchaser and the Merger Sub of its obligations hereunder and thereunder, as the case may be, and the consummation of the transactions contemplated hereby or thereby, as the case may be, have been duly authorized by all requisite action on the part of each of Purchaser and the Merger Sub and no other action on the part of each of Purchaser and the Merger Sub is necessary to authorize the execution and delivery of this Agreement and the Ancillary Agreements to which it is a party or the consummation of the transactions contemplated hereby or thereby. This Agreement has been duly and validly executed and delivered by each of Purchaser and the Merger Sub and constitutes a legal, valid and binding obligation of each of Purchaser and the Merger Sub, enforceable against each of Purchaser and the Merger Sub in accordance with its terms, subject to applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and similar Laws affecting creditors’ rights and remedies generally.

  • Execution of this Agreement This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by facsimile or other electronic transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes.

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