Omitted. 270 (c) The Contractor shall utilize the Project Water in accordance with all applicable legal 271 requirements. 272 (d) The Contractor shall make reasonable and beneficial use of all Project Water or 273 other water furnished pursuant to this Contract. Groundwater recharge programs, groundwater banking 274 programs, surface water storage programs, and other similar programs utilizing Project Water or other water 275 furnished pursuant to this Contract conducted within the Contractor’s Service Area which are consistent 276 with applicable State law and result in use consistent with Reclamation law will be allowed; Provided, That 277 any direct recharge program(s) is (are) described in the Contractor’s Water Conservation Plan submitted 278 pursuant to Article 26 of this Contract; Provided, further, That such Water Conservation Plan demonstrates 279 sufficient lawful uses exist in the Contractor’s Service Area so that using a long-term average, the quantity of 280 Delivered Water is demonstrated to be reasonable for such uses and in compliance with Reclamation law. 281 Groundwater recharge programs, groundwater banking programs, surface water storage programs, and 282 other similar programs utilizing Project Water or other water furnished pursuant to this Contract conducted 283 outside the Contractor’s Service Area may be permitted upon written approval of the Contracting Officer, 284 which approval will be based upon environmental documentation, Project Water rights, and Project 285 operational concerns. The Contracting Officer will address such concerns in regulations, policies, or 286 guidelines. 287 (e) The Contractor shall comply with requirements applicable to the Contractor in 288 biological opinion(s) prepared as a result of a consultation regarding the execution of this Contract 289 undertaken pursuant to Section 7 of the Endangered Species Act of 1973, as amended, that are within the 290 Contractor’s legal authority to implement. The Contractor shall comply with the limitations or requirements 291 imposed by environmental documentation applicable to the Contractor and within its legal authority to 292 implement regarding specific activities, including conversion of Irrigation Water to M&I Water. Nothing 293 herein shall be construed to prevent the Contractor from challenging or seeking judicial relief in a court of 294 competent jurisdiction with respect to any biological opinion or other environmental documentation referred 295 to in this Article....
Omitted. Filed separately with the Commission. of the royalties or other revenues Licensee or Related Company received from Sublicensees other than related companies for the sale of Licensed Products or Licensed Services. Such royalties or other revenues specifically shall not include (a) payments made by a Sublicensee in consideration of equity or debt securities of Licensee; (b) payments made by a Sublicensee to support research activities to be undertaken by Licensee or Related Company; (c) payments made upon the achievement by Licensee or Related Company of specified milestones or benchmarks relating to the development of Licensed Products; (d) pilot studies; (e) performance-based milestones; (f) the license or Sublicense of any intellectual property other than Licensed Patent Rights or Technology; (g) reimbursement for patent or other expenses, or (h) the exclusive or nonexclusive regional license from Licensee to health care providers for the application of clinical screening and/or diagnosis, utilizing Licensee's proprietary technology alone or in combination with Licensed Products or Licensed Services.
Omitted. Filed separately with the Commission. of Net Revenues from the sale of Licensed Products or Licensed Services by Licensee or Related Company, but this shall not apply to revenues derived from Sublicenses; and
Omitted. 1048 (c) The Contractor shall submit to the Contracting Officer a report on the status of its 1049 implementation of the water conservation plan on the reporting dates specified in the then existing 1050 conservation and efficiency criteria established under Federal law. 1051 (d) At five (5) -year intervals, the Contractor shall revise its water conservation plan to 1052 reflect the then current conservation and efficiency criteria for evaluating water conservation plans 1053 established under Federal law and submit such revised water management plan to the Contracting Officer 1054 for review and evaluation. The Contracting Officer will then determine if the water conservation plan meets 1055 Reclamation’s then current conservation and efficiency criteria for evaluating water conservation plans 1056 established under Federal law.
Omitted. (g) If at any time during the period that the Underwriter's Warrants may be exercised, the Company intends to file a registration statement for an underwritten offering (a "Piggyback Registration") of the sale of shares of its common stock on a form suitable for registering the shares underlying the Underwriter's Warrants (the "Registrable Shares"), the Company will notify Underwriter of its intention at least 30, but no more than 60 days prior to the filing of such registration statement. Within 20 days of such notice, Underwriter, on its own behalf and on behalf of all holders of Underwriter's Warrants (collectively, "Holders") may elect (by written notice to the Company) to include among the registered shares in the Piggyback Registration any specific number of Registrable Shares. If the Underwriter is not the managing underwriter of the Piggyback Registration, all Holders shall be subject to cut-back and lock-in provisions as required by the managing underwriter of the offering in order to effect an orderly distribution of the shares and are customary and reasonable in the circumstances. Underwriter on behalf of all participating Holders shall provide the usual indemnities to both the Company and the underwriter of the Piggyback Registration and complete and execute all documents required by the managing underwriter.