Common use of No Discharge of Obligations Clause in Contracts

No Discharge of Obligations. Cancellation, expiration, or earlier termination of this Agreement shall not relieve the Parties of obligations incurred prior to, or as a result of, such cancellation, expiration, or earlier termination of this Agreement, which by their nature should survive such events, including Articles 11 (Liability), 13 (Indemnification), 14 (Force Majeure), 15 (Termination), and 21 (Miscellaneous Provisions), Sections 2.5 (Performance Security), 3.5 (Delay Liquidated Damages), 6.8 (Record Keeping), 12.9 (Confidentiality), 16.2 (Certain Material Breaches), and 17.2 (Tracking Account), and Appendix P (Performance Guarantees). The Articles, Sections, and Appendices designated in the preceding sentence shall survive the Termination Date, provided that Section 12.9 (Confidentiality) and Article 13 (Indemnification) shall expire on the first (1st) and second (2nd) anniversary of the Termination Date, respectively. Without limiting the foregoing, termination of this Agreement shall not discharge either Party from any Claim or obligation it owes to the other Party under this Agreement by reason of any transaction, loss, cost, damage, expense, or liability which shall occur or arise (or the circumstances, events, or basis of which shall occur or arise) prior to the Termination Date. Any such Claim or obligation owed (whether the same shall be known or unknown at termination or whether the circumstances, events, or basis of the same shall be known or unknown at termination) shall survive the Termination Date. Except as otherwise expressly contemplated by this Agreement, any indebtedness by either Party to the other shall be considered payable within ninety (90) Days after the Termination Date.

Appears in 2 contracts

Samples: Energy Storage Services Agreement, Energy Storage Services Agreement

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No Discharge of Obligations. Cancellation, expiration, or earlier termination of this Agreement shall not relieve the Parties of obligations incurred prior to, or as a result of, such cancellation, expiration, or earlier termination of this Agreement, which by their nature should survive such events, including Articles 11 (Liability), 13 (Indemnification), 14 (Force Majeure), 15 (Termination), and 21 (Miscellaneous Provisions), Sections 2.5 (Performance Security), Section 3.5 (Delay Liquidated Damages), 6.8 6.7 (Record Keeping), 12.9 (Confidentiality), 16.2 (Certain Material Breaches), and 17.2 (Tracking Account), and Appendix P (Performance Guarantees). The Articles, Sections, and Appendices designated in the preceding sentence shall survive the Termination Date, provided that Section 12.9 (Confidentiality) and Article 13 (Indemnification) shall expire on the first third (1st) and second (2nd3rd) anniversary of the Termination Date, respectively. Without limiting the foregoing, termination of this Agreement shall not discharge either Party from any Claim or obligation it owes to the other Party under this Agreement by reason of any transaction, loss, cost, damage, expense, or liability which shall occur or arise (or the circumstances, events, or basis of which shall occur or arise) prior to the Termination Date. Any such Claim or obligation owed (whether the same shall be known or unknown at termination or whether the circumstances, events, events or basis of the same shall be known or unknown at termination) shall survive the Termination Date. Except as otherwise expressly contemplated by this Agreement, any indebtedness by either Party to the other shall be considered payable within ninety (90) Days after the Termination Date.

Appears in 1 contract

Samples: Grid Services Agreement

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No Discharge of Obligations. Cancellation, expiration, or earlier termination of this Agreement shall not relieve the Parties of obligations incurred prior to, or as a result of, such cancellation, expiration, or earlier termination of this Agreement, which by their nature should survive such events, including Articles 11 (Liability), 13 (Indemnification), 14 (Force Majeure), 15 (Termination), and 21 (Miscellaneous Provisions), Sections 2.5 (Performance Security), 3.5 (Delay Liquidated Damages), 6.8 (Record Keeping), 12.9 (Confidentiality), 16.2 (Certain Material Breaches), and 17.2 (Tracking Account), and Appendix P Q (Performance GuaranteesGuarantee). The Articles, Sections, and Appendices designated in the preceding sentence shall survive the Termination Date, provided that Section 12.9 (Confidentiality) and Article 13 (Indemnification) shall expire on the first (1st) and second (2nd) anniversary of the Termination Date, respectively. Without limiting the foregoing, termination of this Agreement shall not discharge either Party from any Claim or obligation it owes to the other Party under this Agreement by reason of any transaction, loss, cost, damage, expense, or liability which shall occur or arise (or the circumstances, events, or basis of which shall occur or arise) prior to the Termination Date. Any such Claim or obligation owed (whether the same shall be known or unknown at termination or whether the circumstances, events, or basis of the same shall be known or unknown at termination) shall survive the Termination Date. Except as otherwise expressly contemplated by this Agreement, any indebtedness by either Party to the other shall be considered payable within ninety (90) Days after the Termination Date.

Appears in 1 contract

Samples: Power Purchase and Operating Agreement

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