Request for Waivers Sample Clauses

Request for Waivers. The CAISO submits that the filing substantially complies with the requirements of section 35.13 of the Commission’s rules applicable to filings of this type.17 The CAISO respectfully requests waiver of any such requirement to the extent this filing does not satisfy that requirement. In particular, the CAISO requests waiver of the requirement to submit Period 1 and Period 2 schedules, because the implementation fee is a one-time fee that is not based on historical data in Period 1 schedules or on the projections in Period 2 schedules. In any event, good cause exists to waive filing requirements that are not material to the Commission’s consideration of the Implementation Agreement.
Sample 1
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Request for Waivers. The CAISO believes this filing constitutes a new service (Planning Coordinator services) to a new customer (MWD), and is thus an initial rate schedule, subject to section 35.12 of the Commission’s regulations, 18 C.F.R. § 35.12 (2016). This filing substantially complies with the requirements of section 35.12 of the Commission’s regulations, 18 C.F.R. § 35.12 (2016), applicable to filings of this type. The CAISO respectfully requests waiver of any such requirement to the extent this filing does not satisfy that requirement. In the event the Commission concludes that this filing is a change in a rate tariff or service agreement, the CAISO submits that the filing also substantially complies with the requirements of section 35.13 of the Commission’s rules, 18 C.F.R. § 35.13 (2016), applicable to filings of this type. The CAISO respectfully requests waiver of any such requirement to the extent this filing does not satisfy that requirement. In either event, there is good cause to waive filing requirements that are not material to the Commission’s consideration of the Planning Coordinator Agreement.
Sample 1
Request for Waivers. The Filing Parties respectfully request that the Commission grant whatever waivers of any applicable Commission rules and regulations necessary for acceptance of this filing and the Agreement on the date requested under the FPA.
Sample 1
Request for Waivers. Eclipse Resources Corporation has several wholly owned subsidiaries, which include Eclipse Resources I, LP and Eclipse Resources Marketing, LP. Columbia initially executed an FTS service agreement related to the Project with Eclipse Resources I, LP on January 21, 2016. In between the execution of that FTS service agreement and the instant filing, Eclipse Resources I, LP requested a permanent release to Eclipse Resources Marketing, LP to ensure consistency within the companies’ internal business structure.12 To facilitate this permanent release at a negotiated rate above Columbia’s maximum tariff rate, Columbia respectfully requests a temporary waiver of § 284.8 of the Commission’s regulations, i.e. the prohibition on exceeding the maximum rate and the requirements for competitive bidding.13 Additionally, Columbia requests waiver from the prohibition on tying, Section 14 of the GT&C of Columbia’s tariff, and to the extent necessary, any other policy or provision that the Commission deems necessary to effectuate the permanent release. The Commission routinely grants similar waiver requests and most recently granted a waiver request for a permanent release for an analogous situation wherein the release would streamline the division of duties between two affiliated entities.14 In granting these waivers, the Commission reviews whether the release at issue will permit the subject capacity to continue to be used for the same purpose for which it was originally purchased, that the waiver is both limited in scope and temporary in time frame, and that the transaction will be conducted in a manner that does not harm any third parties.15 In this instance, the capacity remains within the same corporate family to serve its original intended purpose, the waiver is limited to the requested effective date of the service agreement (October 1, 2016), and the transfer will be at the negotiated rate to render Columbia financially indifferent to the release. And, because the release is at above maximum rates, there is no attempt to circumvent the Commission’s policies regarding the bidding of released capacity. Therefore, Columbia respectfully requests that the Commission grant the requested waiver. Columbia respectfully requests that the Commission waive the 30-day prior notice requirement set forth in Section 154.207 of the Commission’s regulations,16 to permit the Eclipse Agreement to become effective on October 1, 2016 as proposed. The Project was ready to be placed in serv...
Sample 1
Request for Waivers. Under section 6 of the Agency Agreement, the Agency Agreement’s effective date is the last of: (i) the closing of the Four Corners Transaction; (ii) Commission acceptance for filing of the Agency Agreement and the Resale Tariff; and (iii) the California Independent System Operator Corporation’s (“CAISO”) approval of the removal of the transmission capacity of the Arizona Transmission System from the CAISO’s operational control. To date, the Four Corners Transaction has closed12 and the CAISO has approved removal of the transmission capacity of the Arizona Transmission System from the CAISO’s operational control.13 Thus, the Agency Agreement is contemplated to become effective on the date of acceptance of the Assignment Agreement filed in Docket No. ER14-897-000. In Docket No. ER14-897-000, SCE has requested that the Assignment Agreement and Resale Tariff be effective as of February 28, 2014.14
Sample 1
Request for Waivers. Lender agrees that either Borrower shall have the right at any time and from time to time to submit to Lender a written request for a waiver by Lender of any term or covenant contained in this Agreement; provided, however, such Borrower acknowledges and agrees that Lender shall have no obligation to grant any such waiver, such decision to be in Lender's sole and absolute discretion.
Sample 1
Request for Waivers. The CAISO believes this filing constitutes a new service (Planning Coordinator services) to a new customer (San Francisco), and is thus an initial rate schedule, subject to section 35.12 of the Commission’s regulations, 18
Sample 1
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Related to Request for Waivers

  • Request for Consent If Tenant desires at any time to enter into an Assignment of this Lease or a Sublease of the Premises or any portion thereof for which Landlord’s consent is required, it shall first give written notice to Landlord of its desire to do so, which notice shall contain (i) the name of the proposed assignee, subtenant or occupant; (ii) the name and nature of the proposed assignee’s, subtenant’s, or occupant’s business to be carried on in the Premises; (iii) the terms and provisions of the proposed Assignment or Sublease; and (iv) such financial and other information as Landlord may reasonably request concerning the proposed assignee, subtenant or occupant. Any improvements, additions, or alterations to the Premises or either Building that are required by applicable Laws or are deemed necessary or appropriate by Landlord, in Landlord’s reasonable judgment, as a result of any such Sublease or Assignment including, without limitation, demising walls and/or other improvements, additions or alterations necessary to cause the Premises to be suitable for multiple tenants (all of the foregoing collectively, “Required Sublease Improvements”), shall be installed and provided by Tenant (or, at Landlord’s sole option, by Landlord but at Tenant’s expense), without cost or expense to Landlord. Landlord may condition its consent to any proposed Sublease or Assignment on both (x) the construction of Required Sublease Improvements, and (y) a requirement that funds sufficient, in Landlord’s reasonable judgment, to cause the removal of the Required Sublease Improvements and restoration of the Premises to its condition prior to installation of the Required Sublease Improvements upon the earlier of expiration or termination of the Sublease or Assignment or this Lease be provided by Tenant to Landlord upon Landlord’s approval CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. of such Sublease or Assignment, to be held as additional security for Tenant’s obligations to remove the Required Sublease Improvements upon expiration or earlier termination of this Lease as required by Paragraph 25(a). Tenant shall reimburse Landlord upon demand for any reasonable out-of-pocket expenses incurred by Landlord in connection with such review, including reasonable attorneys’ fees, and such obligation shall be an Additional Charge.

  • Request for Notice Trustor hereby requests that a copy of any notice of default and that a copy of any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust.

  • Modification; Waivers No modification, termination or attempted waiver of this Agreement will be valid unless in writing, signed by the party against whom such modification, termination or waiver is sought to be enforced.

  • Request for Review Within sixty (60) days after receiving notice from the Plan Administrator that a claim has been denied (in part or all of the claim), then claimant (or their duly authorized representative) may file with the Plan Administrator, a written request for a review of the denial of the claim. The claimant (or his duly authorized representative) shall then have the opportunity to submit written comments, documents, records and other information relating to the claim. The Plan Administrator shall also provide the claimant, upon request and free of charge, reasonable access to, and copies of, all documents, records and other information relevant (as defined in applicable ERISA regulations) to the claimant’s claim for benefits.

  • Modification and Waivers The Indenture permits, with certain exceptions as therein provided (including, but not limited to the exceptions set forth in Section 15.11(i)), the amendment of the Indenture and the modification of the rights and obligations of the Issuer and the rights of the holders of the Notes under the Indenture at any time by the Issuer with the consent of the holders of not less than 66 2/3% in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities (as defined in the Indenture) then outstanding under the Indenture and affected by such amendment and modification. The Indenture also contains provisions permitting the holders of a majority in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities then outstanding under the Indenture and affected thereby, on behalf of the holders of all such Securities, to waive compliance by the Issuer with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the holder of this Note shall be conclusive and binding upon such holder and upon all future holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. The determination of whether particular Securities are “outstanding” will be made in accordance with the Indenture. Any action by the holder of this Note shall bind all future holders of this Note, and of any Note issued in exchange or substitution hereof or in place hereof, in respect of anything done or permitted by the Issuer or by the Trustee in pursuance of such action. New Notes authenticated and delivered after the execution of any agreement modifying, amending or supplementing this Note may bear a notation in a form approved by the Issuer as to any matter provided for in such modification, amendment or supplement to the Indenture or the Notes. New Notes so modified as to conform, in the opinion of the Issuer, to any provisions contained in any such modification, amendment or supplement may be prepared by the Issuer, authenticated by the Trustee and delivered in exchange for this Note.

  • MODIFICATION - WAIVERS - APPLICABLE LAW No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing, signed by the Executive and on behalf of the Corporation by such officer as may be specifically designated by the Board of Directors of the Corporation. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provision or conditions at the same or at any prior or subsequent time. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which are not set forth expressly in this Agreement. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Virginia.

  • Amendments, Modifications and Waivers No amendment, modification or waiver in respect of this Agreement shall be effective against any party unless it shall be in writing and signed by Parent, the Company and Stockholder.

  • Modifications; Amendments; Waivers The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except pursuant to a writing signed by the Corporation and the holders of at least a majority of the Registrable Shares then outstanding.

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