Agreement to Enforce Duties to Construct and Own Clause Samples

The "Agreement to Enforce Duties to Construct and Own" clause establishes a binding obligation for parties to fulfill their responsibilities related to building and maintaining ownership of a specified asset or project. In practice, this clause requires each party to take all necessary actions to ensure that construction is completed according to agreed standards and that ownership is properly established and maintained, such as securing permits, adhering to timelines, and transferring title as required. Its core function is to ensure that all parties are legally committed to both the creation and ongoing ownership of the project, thereby reducing the risk of incomplete construction or disputes over ownership.
Agreement to Enforce Duties to Construct and Own. To obtain Network Upgrades under this Article IX, SPP will enforce obligations to construct and own or finance enhancements or additions to transmission facilities in accordance with the SPP Membership Agreement and the SPP OATT, as both may be amended or restated from time to time, and Midwest ISO will enforce obligations to construct enhancements or additions to transmission facilities in accordance with the Agreement of Transmission Facilities Owners To Organize The Midwest Independent Transmission System Operator, Inc., A Delaware Non-Stock Corporation, Midwest ISO FERC Electric Tariff, First Revised Rate Schedule No. 1, as it may be amended or restated from time to time.
View SourceView Similar (14)
Agreement to Enforce Duties to Construct and Own. To obtain Network Upgrades under this Article IX, PJM will enforce obligations to construct and own or finance enhancements or additions to transmission facilities in accordance with the Transmission Owners Agreement, PJM Interconnection, L.L.C. First Revised Rate Schedule FERC No. 29, the West Transmission Owners Agreement, PJM Interconnection, L.L.C. Rate Schedule FERC No. 33, as either may be amended or restated from time to time, and MIDWEST ISO will enforce obligations to construct enhancements or additions to transmission facilities in accordance with the Agreement of Transmission Facilities Owners To Organize The Midwest Independent Transmission System Operator, Inc., A Delaware Non-Stock Corporation, Midwest ISO FERC Electric Tariff, First Revised Rate Schedule No. 1, as it may be amended or restated from time to time.
View SourceView Similar (2)
Agreement to Enforce Duties to Construct and Own. To obtain Network Upgrades under this Article Seven, SPP will enforce obligations to construct and own or finance enhancements or additions to transmission facilities in accordance with the SPP Membership Agreement and the SPP OATT, as both may be amended or restated from time to time, and AECI will obtain AECI Board Approval and the applicable AECI member’s Board Approval.
View Source

Related to Agreement to Enforce Duties to Construct and Own

  • Interpretation, Amendment and Enforcement This Letter Agreement supersedes and replaces any prior agreements (including, without limitation, the Original Offer Letter), representations or understandings (whether written, oral, implied or otherwise) between you and the Company and constitutes the complete agreement between you and the Company regarding the subject matter set forth herein. This Letter Agreement may not be amended or modified, except by an express written agreement signed by both you and a duly authorized officer of the Company. The terms of this Letter Agreement and the resolution of any disputes as to the meaning, effect, performance or validity of this Letter Agreement or arising out of, related to, or in any way connected with, this Letter Agreement, your employment with the Company or any other relationship between you and the Company (the “Disputes”) will be governed by California law, excluding laws relating to conflicts or choice of law. You and the Company submit to the exclusive personal jurisdiction of the federal and state courts located in California in connection with any Dispute or any claim related to any Dispute.

  • Interpretation and Enforcement; Governing Law This Agreement and its interpretation and enforcement shall be governed by the laws of the State of New York applicable to contracts to be performed entirely within this state and without regard to its principles of conflicts of law. If any provision of this Agreement is deemed by an authority of competent jurisdiction to be unenforceable or contrary to applicable law, such provision shall be enforced to the maximum extent permitted by law to effect the Parties’ intentions hereunder, and the remainder of this Agreement shall continue in full force and effect. Neither the failure to insist upon strict compliance with Agreement nor any course of conduct, including without limitation failure on any Party’s part to exercise or delay in exercising any rights, shall constitute a waiver by such Party of any of its rights hereunder. No single or partial exercise by any Party of any right shall preclude any other or future exercise by any Party of any such right or the exercises by such Party of any other single or partial right. Any waiver by any party must be in writing and signed by such Party and shall be effective only for the purpose and in the specific instance for which it is given.

  • Audits, Inspection and Enforcement Within ten (10) days of a request by CE, BA and its agents and subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguards; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendum. BA shall notify CE within five (5) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of Civil Rights or other state or federal government entity.

  • Right to Realize on Collateral and Enforce Guaranty Anything contained in any of the Credit Documents to the contrary notwithstanding, Company, Administrative Agent, Collateral Agent and each Lender hereby agree that (i) no Lender shall have any right individually to realize upon any of the Collateral or to enforce the Guaranty, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by Administrative Agent, on behalf of Lenders in accordance with the terms hereof and all powers, rights and remedies under the Collateral Documents may be exercised solely by Collateral Agent, and (ii) in the event of a foreclosure by Collateral Agent on any of the Collateral pursuant to a public or private sale, Collateral Agent or any Lender may be the purchaser of any or all of such Collateral at any such sale and Collateral Agent, as agent for and representative of Secured Parties (but not any Lender or Lenders in its or their respective individual capacities unless Requisite Lenders shall otherwise agree in writing) shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Collateral sold at any such public sale, to use and apply any of the Obligations as a credit on account of the purchase price for any collateral payable by Collateral Agent at such sale.

  • Failure to Enforce Not a Waiver The failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.