Damage Liability and Settlement. a) Damage settlement is governed by the provisions of Sections 2894 and the following Sections of the Civil Code, The Business Terms and arrangements between the Parties hereunder. b) The Parties hereby undertake to notify each other about any and all events that they believe may cause damage, and to make every effort to avert potential damage. c) Both the Market Operator and the Balance Responsible Party are entitled to claim settlement of damage inflicted on it as a result of the other Party’s breach of obligations, even in the event the said breach of obligations is subject to contractual penalty. The harmed Party may claim damage settlement in excess of the contractual penalty.
Appears in 4 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Damage Liability and Settlement. a) Damage settlement is governed by the provisions of Sections 2894 and the following Sections of the Civil Code, The Business Terms and arrangements between the Parties hereunder.
b) The Parties hereby undertake to notify each other about any and all events that they believe may cause damage, and to make every effort to avert potential damage.
c) Both the Market Operator and the Balance Responsible Party BEM Participant are entitled to claim settlement of damage inflicted on it as a result of the other Party’s breach of obligations, even in the event the said breach of obligations is subject to contractual penalty. The harmed Party may claim damage settlement in excess of the contractual penalty.
Appears in 2 contracts
Samples: Access to the Balancing Energy Market Agreement, Access Agreement
Damage Liability and Settlement. a) Damage settlement is governed by the provisions of Sections 2894 and 2894and the following Sections of the Civil Code, The Business Terms and arrangements between the Parties hereunder.
b) The Parties hereby undertake to notify each other about any and all events that they believe may cause damage, and to make every effort to avert potential damage.
c) Both the Market Operator and the Balance Responsible Party Trader are entitled to claim settlement of damage inflicted on it as a result of the other Party’s breach of obligations, even in the event the said breach of obligations is subject to contractual penalty. The harmed Party may claim damage settlement in excess of the contractual penalty.
Appears in 2 contracts
Samples: Access Agreement, Access Agreement