No Further Payment. The amounts payable by the Buyer as specified in sections 8.1, 8.2 and 8.3 are the full and complete payment and consideration payable by the Buyer for Delivered Energy (including Test Energy and any Excess Energy accepted by the Buyer), Deemed Energy and the Environmental Attributes. For greater certainty, the Buyer has no obligation under this EPA to pay the Seller for:
(a) any Excess Energy; or
(b) any Energy delivered to the Buyer at the POI prior to COD other than Test Energy;
(c) any Energy that was, or that could have been, generated and delivered to the Buyer under this EPA but that the Buyer is excused from accepting under section 7.4(b), except:
(i) as expressly provided in section 7.10; and
(ii) for any Delivered Energy in an hour:
(A) during an Emergency Condition that is subject to an Emergency Request to turn down but not shut off generation at the Seller’s Plant, provided that the Delivered Energy is generated and delivered only in compliance with the terms of the Emergency Request;
(B) during a Turn-Down Period provided that the Delivered Energy is generated and delivered only in compliance with the terms of the applicable Curtailment Request or to the extent otherwise permitted under section 7.10(a); or
(C) during a BC Hydro System Constraint that does not fully prevent the Seller from generating and delivering Energy to the POI, provided that the Delivered Energy is generated and delivered only in compliance with the terms of any applicable Curtailment Request.
No Further Payment. The amount payable by the Buyer as specified in section 6.1 is the full and complete payment and consideration payable by the Buyer for Eligible Energy and for the Environmental Attributes.
No Further Payment. Licensor’s grant of the rights and licenses to Company pursuant to Section 2.1 and $1 million USD cash constitute Licensor’s total contribution to Company under the Amended Joint Venture Contract. Company has no current or future obligation to make any form of payment, including upfront payment, royalties, milestone payments, commercial event payments to Licensor for Licensor’s grant of the rights and licenses to Company pursuant to Section 2.1, except milestone and/or royalty obligations due to Development and Commercialization of Licensed Technology in the Territory to Third Parties that may arise from the preexisting agreements as set forth in Schedule 9.2.13.
No Further Payment. In the event this Agreement is terminated no payment shall be made by the County following the effective date of termination unless authorized in writing by the County.
No Further Payment. 6.1 The amounts payable by the Buyer as specified in this Appendix 3 are the full and complete payment and consideration payable by the Buyer for all Eligible Energy under this EPA.
No Further Payment. Except as otherwise indicated in this agreement, apart from the payment made under this Agreement, each Party will bear its own costs, expenses, damages, and attorneys’ fees incurred in or arising out of or in any way related to the matters released herein.
No Further Payment. Other than the Prairie Habitat Payment, NRD and the City shall have no right to receive any further payment for or with respect to the Prairie Damage on the Property.
No Further Payment. The amounts payable by BC Hydro as specified in section 6.2 and section 6.3 are the full and complete payment and consideration payable by BC Hydro for Energy
No Further Payment. The amounts payable by the Buyer as specified in sections 8.1, 8.2 and 8.3 are the full and complete payment and consideration payable by the Buyer for Delivered Energy (including Test Energy and any Excess Energy accepted by the Buyer), Deemed Energy and the Delivered Energy Environmental Attributes. For greater certainty, the Buyer has no obligation under this EPA to pay the Seller for:
(a) any Excess Energy; or
(b) any Energy delivered to the Buyer at the POI prior to COD other than Test Energy;
(c) any Energy that was, or that could have been, generated and delivered to the Buyer under this EPA but that the Buyer is excused from accepting under section 7.4(b), except:
(i) as expressly provided in section 7.10; and
(ii) for any Delivered Energy in an hour:
No Further Payment. The parties acknowledge and agree that:
(a) the indexed value of the Monetary Contribution is a capped amount;
(b) the indexed value of the Monetary Contribution represents the estimated value of the Works that has been agreed upon between the parties prior to entering into this agreement; and
(c) Council cannot request that the Developer pay any amount exceeding the indexed value of the Monetary Contribution if the cost of the Works exceeds that amount.
