Care of Performance Assurance. Without limiting Buyer’s rights under paragraph (c) below, Buyer will exercise reasonable care to assure the safe custody of all Performance Assurance to the extent required by applicable law, and in any event Buyer will be deemed to have exercised reasonable care if it exercises at least the same degree of care as it would exercise with respect to its own property. Except as specified in the preceding sentence, Buyer will have no duty with respect to Performance Assurance.
Appears in 19 contracts
Samples: Confirmation Agreement, Confirmation Agreement, Confirmation Agreement
Care of Performance Assurance. Without limiting Buyer’s rights under paragraph (c) below, Buyer will exercise reasonable care to assure the safe custody of all Performance Assurance to the extent required by applicable law, and in any event Buyer will be deemed to have exercised reasonable care if it exercises at least the same degree of care as it would exercise with respect to its own property. Except as specified in the preceding sentence, Buyer Xxxxx will have no duty with respect to Performance Assurance.
Appears in 14 contracts
Samples: Confirmation Agreement, Confirmation Agreement, www.ipa-energyrfp.com