Material Violation Of Agreement Flow Schedules Sample Clauses

The 'Material Violation Of Agreement Flow Schedules' clause defines the consequences and procedures that apply when a party significantly breaches the agreed-upon timelines or schedules for delivering goods, services, or payments under a contract. Typically, this clause outlines what constitutes a material violation, such as repeated missed deadlines or substantial delays, and may specify remedies like the right to terminate the agreement, impose penalties, or require corrective action. Its core function is to ensure that both parties adhere to the established schedule, providing a clear framework for addressing serious delays and protecting the interests of the non-breaching party.
Material Violation Of Agreement Flow Schedules. A “Material Violation of Agreement Flow Schedules” is defined as any failure of YCWA to meet any applicable instream-flow requirements described in sections 5.1.1 and 5.1.3 between March 1, 2007 and March 31, 2008 for a period of 10 consecutive calendar days, except for any of the following: a. a failure to meet these requirements because of a Force Majeure Event or a Regulatory Change Event; b. a failure to meet these requirements because of an action taken by, or implemented at the request of, the RMT Planning Group or Operations Group; c. a failure to meet these requirements because of a gauge re-rating or other action taken by the U.S. Geological Survey after the time at which the failure to meet these requirements occurred; d. before the Narrows II Powerhouse Full Flow Bypass is completed, a failure to meet these requirements because of the limits of the Narrows I Powerhouse flow capacity when the Narrows II Powerhouse is shut down for maintenance or repairs; e. a failure to meet these requirements because of planned maintenance or construction activities, when the deviation from these requirements has been approved in advance in writing by the Chief of the Division of Water Rights of the SWRCB; f. a failure to meet these requirements because of an action that was, or actions that were, beyond YCWA’s control; and g. a failure to meet these requirements on any day on which there is a Technical Variation of Agreement Flow Schedules. (Paragraph f. above does not include actions taken by PG&E to operate the Yuba Project during times when YCWA has authorized PG&E to operate the Yuba Project.)
View SourceView Similar (4)
Material Violation Of Agreement Flow Schedules. A “Material Violation of Agreement Flow Schedules” is defined as any failure of YCWA to meet any applicable instream-flow requirements described in sections 5.1.1, 5.1.3 and 5.1.5 for a period of 10 consecutive calendar days, except for any of the following: a. a failure to meet these requirements because of a Force Majeure Event or a Regulatory Change Event; b. a failure to meet these requirements because of an action taken by, or implemented at the request of, the RMT Planning Group or Operations Group; c. a failure to meet these requirements because of a gauge re-rating or other action taken by the U.S. Geological Survey after the time at which the failure to meet these requirements occurred; d. (this clause no longer applies, because the Narrows II Powerhouse Full Flow Bypass has been completed);
View Source

Related to Material Violation Of Agreement Flow Schedules

  • Authorization of Agreements; Absence of Defaults and Conflicts The Investment Adviser has full power and authority to enter into this Agreement and the Investment Management Agreement. This Agreement and the Investment Management Agreement have each been duly authorized, executed and delivered by the Investment Adviser, and, assuming due authorization, execution and delivery by the other parties thereto, such Agreements constitute valid and binding obligations of the Investment Adviser, enforceable in accordance with their respective terms, except as affected by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws, whether statutory or decisional, relating to or affecting creditors’ rights generally and general equitable principles (whether considered in a proceeding in equity or at law); and neither the execution and delivery of this Agreement or the Investment Management Agreement nor the performance by the Investment Adviser of its obligations hereunder or thereunder nor the consummation of the transactions herein or therein contemplated will conflict with, or result in a breach of any of the terms and provisions of, or constitute, with or without the giving of notice or lapse of time or both, a default under, any agreement or instrument to which the Investment Adviser is a party or by which it is bound, the organizational documents of the Investment Adviser, or any law, order, decree, rule or regulation applicable to it of any jurisdiction, court, federal or state regulatory body, administrative agency or other governmental body, stock exchange or securities association having jurisdiction over the Investment Adviser or its properties or operations; and no consent, approval, authorization or order of any court or governmental authority, regulatory body or agency is required for the consummation by the Investment Adviser of the transactions contemplated by this Agreement or the Investment Management Agreement except as have been obtained or may be required under the 1933 Act, the 1940 Act, the 1934 Act, the NYSE or state securities laws.

  • Additional Covenants Agreements and Acknowledgements a. [Intentionally Omitted].

  • Governmental Filings; No Violations; Certain Contracts (i) Other than the filing of the Certificate of Merger pursuant to Section 1.6, no notices, reports or other filings are required to be made by the Company with, nor are any consents, registrations, approvals, permits or authorizations required to be obtained by the Company from, any Governmental Entity, in connection with the execution, delivery and performance of this Agreement by the Company and the consummation of the Transactions, or in connection with the continuing operation of the business of the Company and its Subsidiaries following the Effective Time. (ii) The execution, delivery and performance of this Agreement by the Company do not, and the consummation of the Transactions will not, constitute or result in (A) a breach or violation of, or a default under, the certificate of incorporation or by-laws of the Company or the comparable governing instruments of any of its Subsidiaries, (B) with or without notice, lapse of time or both, a breach or violation of, a termination (or right of termination) or a default under, the creation or acceleration of any obligations under, or the creation of a Lien on any of the assets of the Company or any of its Subsidiaries pursuant to, any agreement, lease, license, contract, note, mortgage, indenture, arrangement or other obligation, whether oral or in writing (each, a “Contract”), binding upon the Company or any of its Subsidiaries or, assuming (solely with respect to performance of this Agreement and consummation of the Transactions) compliance with the matters referred to in Section 5.2(d)(i), under any Law to which the Company or any of its Subsidiaries is subject, or (C) any change in the rights or obligations of any party under any Contract binding on the Company or any of its Subsidiaries. Section 5.2(d)(ii) of the Company Disclosure Letter sets forth a correct and complete list of Contracts that would be required to be filed by the Company as a “material contract” pursuant to Item 601(b)(10) of Regulation S-K under the Securities Act of 1933, as amended, pursuant to which consents or waivers are or may be required prior to consummation of the Transactions (whether or not subject to the exception set forth with respect to clauses (B) and (C) above).

  • Inconsistencies with Other Documents; Independent Effect of Covenants (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control; provided that, other than for purposes of Article XI, any provision of the other Loan Documents which imposes additional burdens on any Borrower or its Subsidiaries or further restricts the rights of such Borrower or its Subsidiaries or gives the Administrative Agent or any Lender additional rights shall not be deemed to be in conflict or inconsistent with this Agreement and shall be given full force and effect. (b) Each Borrower expressly acknowledges and agrees that each covenant contained in Article VIII, IX, or X hereof shall be given independent effect. Accordingly, no Borrower shall engage in any transaction or other act otherwise permitted under any covenant contained in Article VIII, IX, or X if, before or after giving effect to such transaction or act, such Borrower shall or would be in breach of any other covenant contained in Article VIII, IX, or X.

  • COMPLETE AGREEMENT AND WAIVER OF BARGAINING 22.1 This Agreement shall represent the complete Agreement between the Union and the County. 22.2 The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the County and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.