Energy Settlement by the Companies Sample Clauses

Energy Settlement by the Companies. In the event that actual BGS-FP Customer consumption data is not available until after the MISO deadline for conducting the final settlement, each of the Companies will conduct the settlement process with the BGS-FP Supplier. Should the MISO impose penalties against a Company as a result of the BGS-FP Supplier’s transactions and/or failure to meet the MISO requirements, such penalties shall be passed through by each of the Companies to the BGS-FP Supplier as part of this settlement process. In addition, all other charges from MISO that are related to the provision of Capacity, Energy and Ancillary Services, including any billing adjustments, will be allocated to the BGS-FP Supplier in accordance with Appendix C.
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Energy Settlement by the Companies. In the event that actual BGS-FP Customer consumption data is not available until after the MISO deadline for conducting the final settlement, the Companies will conduct the settlement process with the BGS-FP Supplier. Should the MISO impose penalties against a Company as a result of the BGS-FP Supplier’s transactions and/or failure to meet the MISO requirements, such penalties shall be passed through by the Companies, to the BGS-FP Supplier as part of this settlement process, in addition to such other charges as provided for in this Agreement.

Related to Energy Settlement by the Companies

  • Indemnity by the Company Subject to the provisions of Section 11.4, the Company shall indemnify any Person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that such Person is or was a Member, Officer, director, Managing Member, Hotel Manager, controlling person, employee, legal representative or agent of the Company, or is or was serving at the request of the Company as manager, director, Managing Member, Hotel Manager, officer, partner, member, shareholder, controlling person, employee, legal representative or agent of another limited liability company, partnership, corporation, joint venture, trust or other enterprise (an “Indemnified Person”), from and against any and all claims, actions, suits, proceedings, liabilities, obligations, losses, damages, judgments, fines, penalties, amounts paid in settlement, interest, costs and expenses (including reasonable attorney’s and accountant’s fees, court costs and other out-of-pocket expenses actually and reasonably incurred in investigating, preparing or defending the foregoing) (including any such brought by or in the right of the Company) suffered or incurred by such Indemnified Person while serving in such capacity or that otherwise in any way relate to or arise out of any action or inaction by such Indemnified Person or the Company (collectively, “Indemnifiable Losses”), if such Indemnified Person acted in good faith and in a manner that such Indemnified Person reasonably believed to be in or not opposed to the best interests of the Company and not in violation of this Agreement or outside the scope of such Person’s authority, and, with respect to a criminal action or proceeding, had no reasonable cause to believe such Person’s conduct was unlawful; provided, that the Company shall have no obligation to indemnify or defend hereunder to the extent such action, suit or proceeding arises from fraud, bad faith, willful misconduct or gross negligence on the part of such Indemnified Person.

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