Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.4 shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.
Appears in 33 contracts
Samples: Master Renewable Energy Credit Purchase and Sale Agreement, Master Renewable Energy Credit Purchase and Sale Agreement, Master Renewable Energy Credit Purchase and Sale Agreement
Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.4 shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.
Appears in 10 contracts
Samples: Master Renewable Energy Credit Purchase and Sale Agreement, Master Renewable Energy Credit Purchase and Sale Agreement, Master Renewable Energy Credit Purchase and Sale Agreement
Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.2 and Section 9.4 shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.
Appears in 6 contracts
Samples: Indexed Renewable Energy Credit Agreement, Indexed Renewable Energy Credit Agreement, Indexed Renewable Energy Credit Agreement
Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.4 shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.. FORCE MAJEURE
Appears in 5 contracts
Samples: Master Renewable Energy Credit Purchase and Sale Agreement, Master Renewable Energy Credit Purchase and Sale Agreement, Master Renewable Energy Credit Purchase and Sale Agreement
Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.4 10.2 and Section 10.4 shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.. FORCE MAJEURE
Appears in 4 contracts
Samples: Renewable Energy Credit Agreement, Renewable Energy Credit Agreement, Renewable Energy Credit Agreement
Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.4 10.4 shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.. FORCE MAJEURE
Appears in 2 contracts
Samples: Master Renewable Energy Credit Purchase and Sale Agreement, Master Renewable Energy Credit Purchase and Sale Agreement
Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.4 shall be 9.4The Parties intend that no part of this Article Five or any amount due thereunder represents a penalty to the Non-Defaulting Party or Potentially Defaulting Party’s sole and exclusive remedy in the Event of Default.
Appears in 1 contract
Samples: Master Renewable Energy Certificate Credit Purchase and Sale Agreement
Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.4 9.49.4 shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.
Appears in 1 contract
Samples: Master Renewable Energy Credit Purchase and Sale Agreement
Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.2 and Section 9.4 shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.
Appears in 1 contract
Samples: Renewable Energy Credit Agreement