EFFECT OF AUTHORITY CAUSE IN THE OPERATIONAL PHASE Sample Clauses

The 'Effect of Authority Cause in the Operational Phase' clause defines how actions or decisions made by governmental or regulatory authorities impact the parties' obligations and rights during the operational phase of a contract or project. Typically, this clause outlines procedures for addressing changes in law, new permits, or compliance requirements that arise after operations have commenced. For example, if a new regulation requires additional safety measures, the clause may specify how costs or responsibilities are allocated between the parties. Its core function is to provide a clear framework for managing unforeseen regulatory changes, thereby reducing disputes and ensuring continued compliance throughout the operational period.
EFFECT OF AUTHORITY CAUSE IN THE OPERATIONAL PHASE. 11.1 If the Contractor would have provided the Operational Services in accordance with the Service Levels and/or this Agreement but has failed to do so as a result of an Authority Cause the Contractor will have the rights and relief set out in clause 11.2. 11.2 The Contractor shall: 11.2.1 (in measuring the performance of any affected Service) be treated as though the relevant Service had met the relevant Service Level to the extent that the Service Failure is due to any Authority Cause; and 11.2.2 not be treated as being in breach of this Agreement to the extent that non-performance or breach is due to any Authority Cause; and 11.2.3 be entitled to the Charges for the relevant Services affected by the Authority Cause as if it had not occurred. 11.3 If the Contractor claims that clause 11.1 applies, and in order to claim the rights and reliefs in clause 11.2, it shall provide the Authority with details of the Authority Cause [as part of the management information that it is obliged to provide at the end of the relevant Measurement Period][within [10] Working Days]. 11.4 Any Disputes about or arising out of whether an Authority Cause applies to the Contractor’s failure to provide the Services in accordance with the Service Levels and/or this Agreement shall be resolved through the Dispute Resolution Procedure. Pending the resolution of the Dispute both parties shall continue to resolve the causes of, and mitigate the effects of such failure.
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EFFECT OF AUTHORITY CAUSE IN THE OPERATIONAL PHASE. 11.1 If the Contractor would have provided the Operational Services in accordance with the Service Levels and/or this Agreement but has failed to do so as a result of an Authority Cause the Contractor will have the rights and relief set out in clause 11.2. 11.2 The Contractor shall: 11.2.1 (in measuring the performance of any affected Service) be treated as though the relevant Service had met the relevant Service Level to the extent that the Service Failure is due to any Authority Cause; and 11.2.2 not be treated as being in breach of this Agreement to the extent that non performance or breach is due to any Authority Cause; and 11.2.3 be entitled to the Charges for the relevant Services affected by the Authority Cause as if it had not occurred.
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EFFECT OF AUTHORITY CAUSE IN THE OPERATIONAL PHASE. The Contractor shall provide the Services in accordance with the Implementation Plan.
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EFFECT OF AUTHORITY CAUSE IN THE OPERATIONAL PHASE. 1If the Contractor would have provided the Operational Services in accordance with the Service Levels and/or this Agreement but has failed to do so as a result of an Authority Cause the Contractor will have the rights and relief set out in clause 11.2.
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EFFECT OF AUTHORITY CAUSE IN THE OPERATIONAL PHASE. If the performance falls below a pre-agreed threshold, Service Credits will accrue. Service Credits are an abatement of the Charges so that you are not paying the full price for poor quality service. Therefore, Service Credits should:
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Related to EFFECT OF AUTHORITY CAUSE IN THE OPERATIONAL PHASE

  • Termination of Authority Immediately upon the Executive terminating or being terminated from his employment with the Company for any reason, notwithstanding anything else appearing in this Agreement or otherwise, the Executive will stop serving the functions of his terminated or expired position(s) and shall be without any of the authority or responsibility for such position(s).

  • Reservation of Authority Nothing in this subpart shall limit the authority of the Secretary to take action to enforce conditions or violations of law, including actions necessary to prevent evasions of this subpart.

  • Delegation of Authority to Act; Specified Actions 3.4.1 Subject to Section 3.1 and Section 3.2, ▇▇▇▇▇ Bank hereby grants to the Bank Assets Purchaser and ▇▇▇▇▇ Trust Company hereby grants to the Delaware Trust Assets Purchaser (or the Bank Assets Purchaser, if required by Section 3.3), as Servicer hereunder, (a) the full right, power and authority to take any action (including any Specified Action) or to omit to take any action (including any Specified Action); provided that no such action or omission shall be taken unless it would be authorized if taken or omitted to be taken by the applicable Seller under the applicable Serviced Corporate Trust Contracts, and (b) all other rights, powers and entitlements of the Sellers under such Serviced Corporate Trust Contracts. In the event the parties identify any duties or obligations that are non-delegable under applicable Law or pursuant to the terms of the Serviced Corporate Trust Contracts, the parties agree to cooperate in good faith to determine how such duties or obligations are to be satisfied in a way to effect the original intent of the parties that the Purchasers have acquired the Business (and control thereof) and are entitled to receive the economic benefits and obligated to bear the economic burdens of the Serviced Appointments. 3.4.2 On the Closing Date, ▇▇▇▇▇ Bank shall execute and deliver to the Bank Assets Purchaser one or more legal powers of attorney in favor of the Bank Assets Purchaser and ▇▇▇▇▇ Trust Company shall execute and deliver to the Delaware Trust Assets Purchaser (or the Bank Assets Purchaser, if required by Section 3.3) one or more legal powers of attorney in favor of the Delaware Trust Assets Purchaser (or the Bank Assets Purchaser, if required by Section 3.3), in each case, in form and content necessary and effective to authorize such persons to take any action (including any Specified Action) or to omit to take any action (including any Specified Action) and to execute documents or other papers in the applicable Seller’s place and stead, to the fullest extent necessary or appropriate for each applicable Purchaser to exercise the powers and perform the duties provided for hereunder, and following the Closing, the Sellers shall use reasonable best efforts to take all other such actions and execute such other documents as the Purchasers may from time to time reasonably request in order for them to exercise the powers and perform the duties provided for hereunder. For purposes of this Agreement, and without limiting the grant of authority in the preceding sentence, “Specified Action” means any action (including any determination to take no action) with respect to a Serviced Appointment, including any action (or determination to take no action) requiring or permitting the exercise of judgment in connection with decisions between or among alternative courses of action, which may include determinations with respect to the following:

  • Modification or Revocation of Authority of Advisor The Board may, at any time upon the giving of notice to the Advisor, modify or revoke the authority or approvals set forth in Article 3 and this Article 4 hereof; provided, however, that such modification or revocation shall be effective upon receipt by the Advisor and shall not be applicable to investment transactions to which the Advisor has committed the Company prior to the date of receipt by the Advisor of such notification.

  • Limit of Authority Unless otherwise expressly limited by the resolution of appointment or by subsequent action by Fund, the appointment of DST as Transfer Agent will be construed to cover the full amount of authorized stock of the class or classes for which DST is appointed as the same will, from time to time, be constituted, and any subsequent increases in such authorized amount. In case of such increase Fund will file with DST: A. If the appointment of DST was theretofore expressly limited, a certified copy of a resolution of Fund's Board of Directors or Trustees, as applicable, increasing the authority of DST; B. A certified copy of the amendment to Fund's Articles of Incorporation or Declaration of Trust, as applicable, authorizing the increase of stock; C. A certified copy of the order or consent of each governmental or regulatory authority required by law to consent to the issuance of the increased stock, and an opinion of counsel that the order or consent of no other governmental or regulatory authority is required;