Performance, Title & Delivery. (a) Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, Product, subject to the provisions of this Confirmation Agreement. Seller shall be responsible for the proper registration in MISO of the Planning Resource(s) from which the Product originates. Seller shall also be obligated to meet and perform, or cause a third party to meet and perform, all of the obligations of the MISO Documents associated with such Planning Resource(s) and for any costs or charges imposed on or liabilities associated with such obligations or Seller’s failure to meet and perform such obligations. Seller warrants good and marketable title to the Product delivered hereunder and agrees to indemnify and hold harmless Buyer from all claims, liabilities, taxes, and damages arising in relation or respect to the Product prior to delivery of the Product to Buyer. Buyer agrees to indemnify and hold harmless Seller from all claims, liabilities, taxes, and damages arising in relation or respect to the Product after delivery of the Product to Buyer except with respect to any costs or charges imposed on or liabilities associated with Seller’s performance of all of Seller’s obligations of the MISO Documents associated with such Planning Resource(s) or Seller’s failure to meet and perform such obligations.
Performance, Title & Delivery. (a) Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, Product, subject to the provisions of this Confirmation Agreement. Seller shall be responsible for the proper registration in MISO of the Planning Resource(s) from which 1 For each Planning Year, the Planning Year Total shall be equal to the Contract Quantity multiplied by Contract Price multiplied by calendar days in the Planning Year.
Performance, Title & Delivery. (a) Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, Product, subject to the provisions of this Confirmation Agreement. Seller shall be responsible for the proper registration in MISO of the Planning Resource(s) from which the Product originates (each a “Contract Planning Resource”). Seller shall also be obligated to (i) meet and perform, or cause a third party to meet and perform, all of the obligations of the MISO Documents associated with such Contract Planning Resource(s) and (ii) ensure that the Contract Planning Resource(s) remains available and qualified as a Capacity Resource and participates in the MISO market in accordance with the MISO Documents during the entirety of the applicable Planning Year and not have a status change to “retired” or “suspended” or similar designation. Seller shall be responsible for any costs or charges imposed on or liabilities associated with such obligations or Seller’s failure to meet and perform such obligations, including any costs or charges resulting from Xxxxx’s procurement of replacement capacity. Seller warrants good and marketable title to the Product delivered hereunder and agrees to indemnify and hold harmless Buyer from all claims, liabilities, taxes, and damages arising in relation or in respect to (x) the Product prior to delivery of the Product to Buyer and (y) any failure of Seller to perform an obligation imposed on Seller by this Confirmation Agreement, whether arising before or after delivery of the Product. Xxxxx agrees to indemnify and hold harmless Seller from all claims, liabilities, taxes, and damages arising in relation or respect to the Product after delivery of the Product to Buyer except with respect to any costs or charges imposed on or liabilities associated with Seller’s performance of all of Seller’s obligations under the MISO Documents associated with such Contract Planning Resource(s) or Seller’s failure to meet and perform such obligations.
Performance, Title & Delivery. With respect to each transaction hereunder, during the applicable Period of Delivery, Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, Capacity and Buyer shall pay Seller the Capacity Price therefor. Seller shall be responsible for any costs or charges imposed on or liabilities and risks of loss associated with the possession, transmission and delivery of the Capacity up to and including the Delivery Point (which shall be where title to the Capacity shall pass) and Buyer shall be responsible for any costs or charges imposed on or liabilities and risks associated with possession of and transmission of the Capacity after the Delivery Point for so long as title to the product is held by Buyer. Seller warrants good and marketable title to the Capacity delivered hereunder and agrees to indemnify and hold harmless Buyer from all claims, liabilities, taxes, and damages arising in relation or respect to the Capacity for so long as title to the Capacity is held by Seller. Buyer agrees to indemnify and hold harmless Seller from all claims, liabilities, taxes, and damages arising in relation or respect to the Product for so long as title to the Capacity is held by Buyer.
