Limitations on California Parties’ Obligations Sample Clauses

Limitations on California Parties’ Obligations. Notwithstanding any other provision of this Agreement, the obligation of any of the California Parties to pay money to Non-Settling Participants (i) shall be limited to payment of claims in the FERC Refund Proceedings arising from Reliant’s transactions in the ISO or the PX markets during the Pre-October Period and the Refund Period, and shall not encompass payment of claims arising from other transactions or in any other proceeding, and (ii) shall not, in any event, exceed the total amount of refunds and/or offsets allocated to that California Party pursuant to this Agreement for the applicable period as set forth in the FERC Refund Allocation Matrix. Without limiting the foregoing, nothing in this Agreement shall require the California Parties to bear any liability to any party relating to (i) Reliant sales outside of the ISO and PX for the period January 1, 2000 through June 20, 2001 or (ii) for any Reliant transactions prior to January 1, 2000 or after June 20, 2001.
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Limitations on California Parties’ Obligations. Notwithstanding anything to the contrary contained in this Agreement, the obligation of any of the California Parties to make payments on behalf of Settling Supplier or otherwise: (a) shall, as to Non-Settling Participants, be limited to payment of claims in the FERC Proceedings arising from Settling Supplier’s transactions in the California Markets during the Settlement Period and shall not encompass payment of claims arising from other transactions or in any other proceeding; and (b) shall not, in any event, exceed the total amount allocated to that California Party from the Settlement Proceeds as set forth in (i) the Allocation Matrix and (ii) the Allocation Agreement from the amount specified in Item 4.1.1.5 of the Cover Sheet, provided, however, that to the extent an obligation of any California Party under this Agreement to make payment on behalf of Settling Supplier exceeds the total amount allocated to that California Party from the Settlement Proceeds as set forth in (i) the Allocation Matrix with respect to transactions in the California Markets and (ii) the Allocation Agreement from the amount specified in Item 4.1.1.5 of the Cover Sheet, the remaining California Parties to which Settlement Proceeds are allocated in the Allocation Matrix shall be jointly and severally liable to make such payments on behalf of Settling Supplier up to the amount allocated to each such California Party from the Settlement Proceeds as set forth in (i) the Allocation Matrix and (ii) the Allocation Agreement from the amount specified in Item 4.1.1.5 of the Cover Sheet with respect to transactions in the California Markets, and provided further that CERS shall not be liable for any claims allocated to time periods other than the Post-January 17 Period. Without limiting the foregoing, nothing in this Agreement shall require the California Parties to bear any liability to any party relating to (a) Settling Supplier’s sales outside of the California Markets for the Settlement Period, or (b) any Settling Supplier transactions prior to or after the Settlement Period.
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Limitations on California Parties’ Obligations 
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Related to Limitations on California Parties’ Obligations

  • Limitations on Claims In addition to the limitations on indemnification set forth in Section 9(a) above, the Employer shall not be obligated pursuant to this Agreement:

  • Certain Obligations Whenever this Agreement requires any of the Subsidiaries of any Party to take any action, this Agreement will be deemed to include an undertaking on the part of such Party to cause such Subsidiary to take such action.

  • Limitations on Indemnification Obligations (a) The amount which any Party (an "Indemnifying Party") is or may be required to pay to any Person (an "Indemnified Party") in respect of Damages or other Liability for which indemnification is provided under this Agreement shall be reduced by any amounts actually received (including Insurance Proceeds actually received) by or on behalf of such Indemnified Party (net of increased insurance premiums and charges to the extent related to Damages and costs and expenses (including reasonable legal fees and expenses) incurred by such Indemnified Party in connection with seeking to collect and collecting such amounts) in respect of such Damages or other Liability (such net amounts are referred to herein as "Indemnity Reduction Amounts"). If any Indemnified Party receives any Indemnity Reduction Amounts in respect of Damages for which indemnification is provided under this Agreement after the full amount of such Damages has been paid by an Indemnifying Party or after an Indemnifying Party has made a partial payment of such Damages and such Indemnity Reduction Amounts exceed the remaining unpaid balance of such Damages, then the Indemnified Party shall promptly remit to the Indemnifying Party an amount equal to the excess (if any) of (A) the amount theretofore paid by the Indemnifying Party in respect of such Damages, less (B) the amount of the indemnity payment that would have been due if such Indemnity Reduction Amounts in respect thereof had been received before the indemnity payment was made.

  • Limitations on Review Obligations The Asset Representations Reviewer may rely on the information in any Review Notice, the list(s) of the Subject Receivables provided by the Servicer, and the accuracy and completeness of the Review Materials. The Asset Representations Reviewer will have no obligation:

  • Conditions of Parties Obligations 7.1 Conditions of Investor's Obligations at the Closing. The --------------------------------------------------- obligation of Investor to purchase and pay for the Investor Stock is subject to the fulfillment prior to or on the Closing Date of the following conditions, any of which may be waived in whole or in part by Investor:

  • Limitations on Use No part of the moneys delivered to the Recipient pursuant to Section II hereof is being or will be used to refinance, retire, redeem, or otherwise pay debt service on all or any part of any part of any governmental obligations regardless of whether the interest on such obligations is or was excluded from gross income for federal income tax purposes unless prior approval by the Director is given.

  • Limitations on Rights of Third Parties The provisions of this Agreement are solely for the benefit of the Seller, the Issuer, the Indenture Trustee (for the benefit of the Secured Parties) and the other Persons expressly referred to herein, and such Persons shall have the right to enforce the relevant provisions of this Agreement. Nothing in this Agreement, whether express or implied, shall be construed to give to any other Person any legal or equitable right, remedy or claim in the Recovery Property or under or in respect of this Agreement or any covenants, conditions or provisions contained herein.

  • Limitation on Obligations (a) The provisions of this Guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Subsidiary Guarantor under this Guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of such Subsidiary Guarantor’s liability under this Guaranty, then, notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by any Subsidiary Guarantor, the Administrative Agent or any other Credit Party, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being the relevant Subsidiary Guarantor’s “Maximum Liability”). This Section 9(a) with respect to the Maximum Liability of the Subsidiary Guarantors is intended solely to preserve the rights of the Administrative Agent and the Lenders hereunder to the maximum extent not subject to avoidance under applicable law, and neither a Subsidiary Guarantor nor any other Person shall have any right or claim under this Section 9(a) with respect to the Maximum Liability, except to the extent necessary so that the obligations of each Subsidiary Guarantor hereunder shall not be rendered voidable under applicable law.

  • CERTAIN OBLIGATIONS OF HOLDERS AND BENEFICIAL OWNERS OF ADSs

  • Survival of Certain Obligations The obligations of Sections 3, 4, 8, 9, 12 and 13 shall survive any termination of this Agreement.

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