Subject to the remaining provisions of this Section Sample Clauses

Subject to the remaining provisions of this Section. 16.1, Shipper shall not assign its rights and obligations under this Agreement to an Assignee in whole or in part for the remainder of the Term or for any portion thereof without the prior consent of Carrier, such consent not to be unreasonably withheld. Notwithstanding the foregoing, it shall be reasonable for the Carrier to withhold its consent in respect of any assignment pursuant to this Section 0 where (i) in the opinion of Carrier, acting reasonably, any such proposed Assignee would not be capable of satisfying all of the contractual obligations of Xxxxxxx set forth hereunder, including as it relates to satisfying the Financial Assurance requirements set forth in Schedule “D” in all respects and the ability of the Assignee to designate other Interests and/or xxxxx and production facilities in the existing Designated Area or another area that can be designated as a Designated Area that are equivalent to the Designated Interests and/or Designated Facilities designated by Shipper hereunder based on the capability to handle the Monthly Volume Commitment being assigned, as determined by Carrier, in its sole discretion, (ii) if such proposed Assignee would be required to provide Financial Assurances at the time of the Assignment as set forth in Schedule “D”, until such time as the proposed Assignee provides such Financial Assurances, or (iii) in the event of a partial assignment of Xxxxxxx’s Monthly Volume Commitment, less than all of the rights and obligations of Assignor corresponding to such assigned portion of the Monthly Volume Commitment would be assigned or assumed by Assignee. Shipper shall, prior to the effect of any such proposed assignment provide Carrier with its intended form of assignment and novation agreement and shall incorporate all requests of Carrier, acting reasonably, for modifications to such form of assignment and novation agreement in respect of form and/or content. Yes. N/A (Uncommitted Shippers are not party to a TSA and therefore not entitled to a right of assignment)
Sample 1
AutoNDA by SimpleDocs

Related to Subject to the remaining provisions of this Section

  • Other Provisions a. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Xxxx County.

  • Further Provisions A change in the rules that apply in the user company’s business shall only be binding for the private employment agency from the time that the user company informs the private employment agency of the change or from the time that the private employment agency could reasonably have taken note of the change.

  • Other Provisions Separate Nothing in this section shall affect any warranties in favor of the City that are otherwise provided in or arise out of this contract. This section is in addition to and shall be construed separately from any other indemnification provisions that may be in this contract. (d)

  • Survival of Provisions After Termination (1) If this Settlement Agreement is not approved, is terminated or otherwise fails to take effect for any reason, the provisions of Sections 3.2(3), 4.1(5)(b), 6.1, 6.2, 6.3, 6.4, 9.1, 9.2, 10(4), 11.1(2) and 12.2(3), and the definitions and Schedules applicable thereto shall survive the termination and continue in full force and effect. The definitions and Schedules shall survive only for the limited purpose of the interpretation of Sections 3.2(3), 4.1(5)(b), 6.1, 6.2, 6.3, 6.4, 9.1, 9.2, 10(4), 11.1(2) and 12.2(3) within the meaning of this Settlement Agreement, but for no other purposes. All other provisions of this Settlement Agreement and all other obligations pursuant to this Settlement Agreement shall cease immediately.

  • Provisions Severable The provisions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

  • Provisions of the Agreement a reference to any Clause or Schedule is, except where it is expressly stated to the contrary, a reference to such clause of, or schedule to, this Agreement. A reference in a Schedule to any paragraph is, except where it is expressly stated to the contrary, a reference to a paragraph in that Schedule;

  • Indemnification and Save Harmless Provision The Association agrees to indemnify and hold the Board harmless against any liability which may arise by reason of any action taken by the Board in complying with the provisions of this Article.

  • Duration and Termination of the Agreement This Agreement shall become effective upon its execution; provided, however, that this Agreement shall not become effective unless it has first been approved (a) by a vote of the Independent Trustees, cast in person at a meeting called for the purpose of voting on such approval, and (b) by an affirmative vote of a majority of the outstanding voting shares of the Fund. This Agreement shall remain in full force and effect continuously thereafter, except as follows:

  • Other Termination Provisions 1. We may deliver any notice instead of mailing it. Proof of mailing of any notice shall be sufficient proof of notice.

  • Provisions are severable Each of the terms and conditions of this agreement is severable and distinct from one another and if at any time any one or more of the terms and conditions of this agreement or any part thereof is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will not thereby be affected or impaired in any way.

Time is Money Join Law Insider Premium to draft better contracts faster.