General Confirmations. The Parties acknowledge their general understanding and intent, subject to the terms and conditions of this Agreement, as follows:
(i) Seller shall use all reasonable efforts consistent with Prudent Utility Practice to maximize the Output;
(ii) Subject to Buyer’s role as Seller’s Scheduling Coordinator for the Plant and the other provisions hereof, Seller shall be responsible to arrange for, and shall bear all risks associated with, delivery of all Output to the Point of Interconnection;
(iii) Buyer shall be obligated to pay for all Output delivered to the Point of Interconnection (subject to Section 2.4(a)); and
(iv) Buyer shall be responsible to arrange for, and shall bear all risks associated with, acceptance and transmission of Output at and from the Point of Interconnection.
General Confirmations. The Parties acknowledge their general understanding and intent, subject to the terms and conditions of this Agreement, as follows:
(i) Seller shall use all reasonable efforts consistent with Prudent Utility Practice to maximize the output of Energy from the Plant;
(ii) Subject to Buyer’s role as Seller’s Scheduling Coordinator and the other provisions hereof, Seller shall be responsible to arrange for, and shall bear all risks associated with, delivery of all Plant Energy to the Point of Interconnection;
(iii) Buyer shall be obligated to pay for all Energy delivered to the Point of Interconnection; and
(iv) Buyer shall be responsible to arrange for, and shall bear all risks associated with, acceptance and transmission of Energy at and from the Point of Interconnection.
General Confirmations. Each party to this deed confirms that:
(a) on and from the Debt Refinance Date, the Deed of Common Terms continues in full force and effect subject only to the changes expressly contemplated by clause 2 ("Debt Refinance Date"); and
(b) the changes to the Deed of Common Terms under clause 2 ("Debt Refinance Date") do not affect the validity or enforceability of the Deed of Common Terms or any other Transaction Document; and
(c) any Senior Creditor who was not a Senior Creditor under the Deed of Common Terms prior to the Debt Refinance Date, does not have any liability for any act, matter or thing arising under the Deed of Common Terms before the Debt Refinance Date.
General Confirmations. Each party to this deed confirms and agrees that:
(a) on the IPO Effective Date, the Deed of Common Terms continues in full force and effect subject only to the changes contemplated by clause 6 ("IPO Effective Date"); and
(b) the changes to the Deed of Common Terms under clause 6 ("IPO Effective date") do not affect the validity or enforceability of the Deed of Common Terms or any other Transaction Document; and
(c) any Senior Creditor who was not a Senior Creditor under the Deed of Common Terms prior to the IPO Effective Date, does not have any liability for any act, matter or thing arising under the Deed of Common Terms prior to the IPO Effective Date.
General Confirmations
