Common use of Termination of this Amendment Clause in Contracts

Termination of this Amendment. This Amendment may be terminated by either party at any time if a final and non-appealable order, ruling or injunction of any court of competent jurisdiction shall have been issued and the effect of such order, ruling or injunction is to render (i) this Amendment or the MSA Amendment invalid or unenforceable by such party, or (ii) the approval by the Long Island Power Authority of the Amendment dated as of March 29, 2002 (the "GPRA Amendment") to the Generation Purchase Right Agreement, dated as of June 26, 1997, by and between KeySpan and LIPA, invalid and thereby causing the GPRA Amendment to be invalid and unenforceable by LIPA. Such termination shall be effective immediately upon the giving of a notice of such termination to the other party. This Amendment may not be terminated by either party if a final and non-appealable order, ruling or injunction of any court of a competent jurisdiction shall have been issued and the effect of such order, ruling or injunction is to render the approval of the GPRA Amendment invalid for reason that the Long Island Power Authority did not seek requisite governmental approvals.

Termination of this Amendment. This Amendment may be terminated by either party at any time if a final and non-appealable order, ruling or injunction of any court of a competent jurisdiction shall have been issued and the effect of such order, ruling or injunction is to render (i) this Amendment or the MSA EMA Amendment invalid or unenforceable by such party, or (ii) the approval by the Long Island Power Authority of the Amendment dated as of March 29, 2002 (the "GPRA Amendment") to the Generation Purchase Right Agreement, dated as of June 26, 1997, by and between KeySpan and LIPA, invalid and thereby causing the GPRA Amendment to be invalid and unenforceable by LIPA. Such termination shall be effective immediately upon the giving of a notice of such termination to the other party. This Amendment may not be terminated by either party if a final and non-appealable order, ruling or injunction of any court of a competent jurisdiction shall have been issued and the effect of such order, ruling or injunction is to render the approval of the GPRA Amendment invalid for reason that the Long Island Power Authority did not seek requisite governmental approvals.