Common use of NO THIRD PARTY BENEFICIARIES/AGENCY RELATIONSHIP Clause in Contracts

NO THIRD PARTY BENEFICIARIES/AGENCY RELATIONSHIP. This ESA does not and is not intended to confer any rights or remedies upon any person other than the Parties except as otherwise set forth under the ESA. This ESA facilitates rights under M.G.L. c. 164 for Eligible Consumers to purchase electricity from the Competitive Supplier in accordance with the Plan and this ESA. The Town has the right, but not the obligation, to advocate on behalf of the Eligible Consumers interested in contracting for electric supply and on behalf of all Participating Consumers, unless otherwise prevented by law. The Town is authorized to act on behalf of the Eligible Consumers in contracting for electric supply for such Eligible Consumers, and is authorized to act as agent for all Participating Consumers. The Town and Competitive Supplier agree and understand that Participating Consumers shall be principals under this ESA and shall have privity of contract with Competitive Supplier; provided, however, that in any litigation arising under this ESA, only the Town, as agent for the Participating Consumers, has the right to bring claims against the Competitive Supplier.

Appears in 9 contracts

Samples: Competitive Electric Service Agreement, Competitive Electric Service Agreement, Competitive Electric Service Agreement

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NO THIRD PARTY BENEFICIARIES/AGENCY RELATIONSHIP. This ESA does not and is not intended to confer any rights or remedies upon any person other than the Parties except as otherwise set forth under the ESA. This ESA facilitates rights under M.G.L. c. 164 for Eligible Consumers to purchase electricity from the Competitive Supplier in accordance with the Plan and this ESA. The Town City has the right, but not the obligation, to advocate on behalf of the Eligible Consumers interested in contracting for electric supply and on behalf of all Participating Consumers, unless otherwise prevented by law. The Town City is authorized to act on behalf of the Eligible Consumers in contracting for electric supply for such Eligible Consumers, and is authorized to act as agent for all Participating Consumers. The Town City and Competitive Supplier agree and understand that Participating Consumers shall be principals under this ESA and shall have privity of contract with Competitive Supplier; provided, however, that in any litigation arising under this ESA, only the TownCity, as agent for the Participating Consumers, has the right to bring claims against the Competitive Supplier.

Appears in 1 contract

Samples: Competitive Electric Service Agreement

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