The Non. Defaulting Party's rights under this Clause 4 shall be in addition to, and not in limitation or exclusion of, any other rights which the Non-Defaulting Party may have (whether by agreement, operation of law or otherwise).
The Non. Monitoring RTO shall acknowledge receipt of the notification and one of the following shall occur: The Non-Monitoring RTO refuses to activate M2M: The Non-Monitoring RTO notifies the Monitoring RTO of the reason for refusal; and The M2M State is set to “Refused”; or The Non-Monitoring RTO agrees to activate M2M: Such an agreement shall be considered an initiation of the M2M redispatch process for operational and settlement purposes; and The M2M State is set to “Activated”.
The Non. Clearing Broker agrees to notify the General Partner immediately upon discovery of any untrue statement of a material fact in the Registration Statements or the Prospectus relating to the Non-Clearing Broker, or an omission to state a material fact relating to the Non-Clearing Broker, required to be stated therein or necessary to make the statements therein (and, with respect to the Prospectus, in light of the circumstances under which they were made) not misleading, or of the occurrence of any event or change in circumstances which would result in there being any material untrue or misleading statement or a material omission in the Prospectus or the Registration Statements regarding the Non-Clearing Broker, or which would result in the Prospectus not including all material information relating to the Non-Clearing Broker, required pursuant to the CEAct, the CFTC Rules, or the rules of the NFA.
The Non. Defaulting Parties shall have rights to unilaterally and immediately terminate this Agreement and ask the Defaulting Party to compensate for damages provided that Party B or Party C is the Defaulting Party;
The Non. Employee Director acknowledges and agrees that neither the Company, its shareholders nor its directors and officers, has any duty or obligation to disclose to the Non-Employee Director any material information regarding the business of the Company or affecting the value of the Shares before, at the time of, or following a termination of service of the Non-Employee Director by the Company, including, without limitation, any information concerning plans for the Company to make a public offering of its securities or to be acquired by or merged with or into another firm or entity.
The Non. Performing Party shall use reasonable dispatch to remedy its inability to perform (except that this provision shall not impose a requirement on either Party to deliver or receive Energy at a delivery point other than a Delivery Point), and, if Seller is the Non-Performing Party, Seller shall use reasonable efforts to provide Energy from the Facility at a Delivery Point; and
The Non. Executive Directors shall supervise the policy and the fulfilment of duties of the Executive Director and the general affairs of the Company, and they shall be further entrusted with such duties as are and shall be determined by or pursuant to these articles of association or as set out in the Board Rules.