Common use of Prior to Effective Date Clause in Contracts

Prior to Effective Date. Company may, by written notice delivered prior to the Effective Date, declare the Agreement null and void if any one or more of the following conditions applies: (a) Seller implements a material change to the Facility without following the requirements of Section 5(g) of Attachment A (Description of Generation, Conversion and Storage Facility). (b) Seller is in material breach of any of its representations, warranties and covenants under the Agreement, including, but not limited to, (i) the provisions of Section 22.2(c) and Section 22.2(d) requiring Seller to have all Land Rights and Governmental Approvals as provided therein; and

Prior to Effective Date. Company may, by written notice delivered prior to the Effective Date, declare the Agreement null and void if any one or more of the following conditions applies: (a) Seller implements a material change to the Facility without following the requirements of Section 5(g) of Attachment A (Description of Generation, Conversion and Storage Facility). (b) Seller is in material breach of any of its representations, warranties and covenants under the Agreement, including, but not limited to, (i) the provisions of Section 22.2(c) and Section 22.2(d) requiring Seller to have all Land Rights and Governmental Approvals as provided therein; and