Common use of Obligations of Seller Clause in Contracts

Obligations of Seller. 4.1.1. Subject to and on the terms and conditions of this Agreement, Seller shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Facility and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder. 4.1.2. Seller shall comply with all Applicable Laws and be responsible to acquire all Applicable Permits (including renewals as may be required) in the performance of its obligations under this Agreement. 4.1.3. Subject to the provisions of Clauses 4.1.1 and 4.1.2, Seller shall perform its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 4.1.4. Seller shall install, operate and maintain the Facility in accordance with this Agreement. 4.1.5. Seller shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: (a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities with such particulars and details as may be required for obtaining Applicable Permits, and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws; (b) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes and systems used or incorporated into the Facility; (c) procure or obtain all relevant easements or rights in real estate reasonably necessary for construction, operation and maintenance of the Seller Interconnection Facilities; (d) perform and fulfil its obligations under the Financing Agreements; (e) ensure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of Seller’s obligations under this Agreement; (f) achieve Commercial Operation Date no later than the Scheduled Commercial Operation Date; (g) supply the Contract Energy to CEB at the Point of Delivery as from the Commercial Operation Date in accordance with the provisions of this Agreement. (h) support, cooperate with and facilitate CEB in performing its obligations in accordance with the provisions of this Agreement; and (i) not do or omit to do any act, deed or thing which may in any manner violate any of the provisions of this Agreement. 4.1.6. It is expressly agreed that Seller shall, at all times, be responsible and liable for all its obligations under this Agreement notwithstanding anything contained in the Project Agreements or any other agreement, and no default under any Project Agreement or any agreement shall excuse Seller from its obligations or liability hereunder.

Obligations of Seller. 4.1.1. Subject to and on the terms and conditions of this Agreement, Seller shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction, operation and maintenance of the Facility and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder. 4.1.2. Seller shall comply with all Applicable Laws and be responsible to acquire all Applicable Permits (including renewals as may be required) in the performance of its obligations under this Agreement. 4.1.3. Subject to the provisions of Clauses 4.1.1 and 4.1.2, Seller shall perform its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 4.1.4. Seller shall install, operate and maintain the Facility in accordance with this Agreement. 4.1.5. Seller shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: (a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities with such particulars and details as may be required for obtaining Applicable Permits, and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws; (b) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for materials, methods, processes and systems used or incorporated into the Facility; (c) procure or obtain all relevant easements or rights in real estate reasonably necessary for construction, operation and maintenance of the Seller Interconnection Facilities; (d) perform and fulfil its obligations under the Financing Agreements; (e) ensure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of Seller’s Seller‟s obligations under this Agreement; (f) achieve Commercial Operation Date no later than the Scheduled Commercial Operation Date; (g) supply the Contract Energy to CEB at the Point of Delivery as from the Commercial Operation Date in accordance with the provisions of this Agreement. (h) support, cooperate with and facilitate CEB in performing its obligations in accordance with the provisions of this Agreement; and (i) not do or omit to do any act, deed or thing which may in any manner violate any of the provisions of this Agreement. 4.1.6. It is expressly agreed that Seller shall, at all times, be responsible and liable for all its obligations under this Agreement notwithstanding anything contained in the Project Agreements or any other agreement, and no default under any Project Agreement or any agreement shall excuse Seller from its obligations or liability hereunder.