Prospectus or Operating Memorandum A certified copy or original of the appropriate authorised mandate for the directors to open/operate the account.Īll documents listed in this Exhibit D (regardless of whether the document itself is attached to this Ordinance) shall be deemed incorporated by reference, and made a part of, this Ordinance.Įxcept as provided in Paragraph 6, Operating Memorandum, no alteration, supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all of the parties hereto. If and when, from time to time during the term of this Agreement, the Parties find that refinements or adjustments regarding details of performance are necessary or appropriate, they may effectuate such refinements or adjustments through a memorandum (individually, an " Operating Memorandum", and collectively, "Operating Memoranda") approved by the Parties which, after execution, shall be attached to this Agreement as addenda and become a part hereof.Īnother strand of doctrine maintains that one should instead apply the law governing the assigned contract. No Operating Memorandum shall constitute an amendment to this Agreement requiring public notice or hearing.Īny Operating Memorandum may be further refined from time to time as necessary with future approval by City and Developer. ER05-985, including the option agreement contained therein, does not address or pertain to any transfer, disposition, sale, or purchase of any of Trans Bay Cable’s Entitlements. Examples of Operating Memorandum in a sentenceįor the avoidance of doubt, the Parties hereby also confirm that the Operating Memorandum dated May 16, 2005, between Trans Bay Cable, the City of Pittsburg, California, and Pittsburg Power Company and filed by Trans Bay Cable in Docket No.
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