Common use of Additional Compensation and Procurer's Subrogation Clause in Contracts

Additional Compensation and Procurer's Subrogation. If the Seller is entitled, whether actually or contingently, to be compensated by any person/entity (Insurance) other than the Procurer as a result of the occurrence of a Non Natural Indirect Force Majeure Event affecting the Procurer for which it has received compensation from the Procurer pursuant to this Article 12.7 (c) i, the Procurer shall be fully subrogated to the Seller's rights against that person to the extent of the compensation paid by the Procurer to the Seller. Provided that in case the Seller has actually received compensation from any person other than the Procurer as well as the Procurer as a result of the occurrence of a Non-Natural Indirect Force Majeure Event affecting the Procurer, then the Seller shall forthwith refund the compensation received by it (without any accrued interest) from the Procurer but only to the maximum extent of the compensation received by the Seller from any person other than the Procurer.

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement (BioCrude Technologies USA, Inc.), Power Purchase Agreement (BioCrude Technologies USA, Inc.)

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Additional Compensation and Procurer's Subrogation. If the Seller is entitled, whether actually or contingently, to be compensated by any person/entity (Insurance) person other than the Procurer Procurers as a result of the occurrence of a Non Natural Indirect Force` Majeure Event (or Natural Force Majeure Event affecting the Procurer Procurer/s) for which it has received compensation from the Procurer Procurers pursuant to this Article 12.7 (c) i12, including without limitation, payments made which payments would not have been made in the absence of Article 4.7.1, the Procurer Procurers shall be fully subrogated to the Seller's ’s rights against that person to the extent of the compensation paid by the Procurer Procurers to the Seller. Provided that in case the Seller has actually received compensation from the any person other than the Procurer Procurers as well as the Procurer Procurers as a result of the occurrence of a Non-Non Natural Indirect Force` Majeure Event (or Natural Force Majeure Event affecting the Procurer/s), then the Seller shall forthwith refund the compensation received by it (without any accrued interest) from the Procurer Procurers but only to the maximum extent of the compensation received by the Seller from any person other than the ProcurerProcurers.

Appears in 1 contract

Samples: Draft Power Purchase Agreement

Additional Compensation and Procurer's Subrogation. If the Seller is entitled, whether actually or contingently, to be compensated by any person/entity (Insurance) person other than the Procurer as a result of the occurrence of a Non Natural Indirect Force` Majeure Event (or Natural Force Majeure Event affecting the Procurer Procurer) for which it has received compensation from the Procurer pursuant to this Article 12.7 (c) i12, including without limitation, payments made which payments would not have been made in the absence of Article 4.7.1, the Procurer shall be fully subrogated to the Seller's ’s rights against that person to the extent of the compensation paid by the Procurer to the Seller. Provided that in case the Seller has actually received compensation from the any person other than the Procurer as well as the Procurer as a result of the occurrence of a Non-Non Natural Indirect Force` Majeure Event (or Natural Force Majeure Event affecting the Procurer/s), then the Seller shall forthwith refund the compensation received by it (without any accrued interest) from the Procurer but only to the maximum extent of the compensation received by the Seller from any person other than the Procurer.

Appears in 1 contract

Samples: Term of Agreement

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Additional Compensation and Procurer's Subrogation. 9.8.1 If the Seller is entitled, whether actually or contingently, to be compensated by any person/entity person (Insurance) other than the Procurer Procurer) as a result of the occurrence of a Non Natural Indirect Force Majeure Event (or Natural Force Majeure Event affecting the Procurer Procurer) for which it has received compensation from the Procurer pursuant to this Article 12.7 (c) i9, including without limitation, payments made which payments would not have been made in the absence of Article 4.10.1, the Procurer shall be fully subrogated to the Seller's ’s rights against that person to the extent of the compensation paid by the Procurer to the Seller. Provided that in case the Seller has actually received compensation from any person other than the Procurer Procurers as well as the Procurer as a result of the occurrence of a Non-Non Natural Indirect Force Majeure Event (or Natural Force Majeure Event affecting the Procurer), then the Seller shall forthwith refund the compensation received by it (without any accrued interest) from the Procurer but only to the maximum extent of the compensation received by the Seller from any person other than the Procurer.

Appears in 1 contract

Samples: Power Purchase Agreement

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