Common use of Performance, Title & Delivery Clause in Contracts

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.

Appears in 8 contracts

Samples: Confirmation Agreement, Confirmation Agreement, Confirmation Agreement

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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 the Product or the underlying Planning Resource(s)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.

Appears in 2 contracts

Samples: Confirmation Agreement, Confirmation Agreement

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.

Appears in 2 contracts

Samples: Confirmation Agreement, Confirmation Agreement

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 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 of the MISO Documents associated with such Planning Resource(s) or Seller’s failure to meet and perform such obligations.

Appears in 2 contracts

Samples: Confirmation Agreement, Confirmation Agreement

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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 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 of the MISO Documents associated with such Planning Resource(s) or Seller’s failure to meet and perform such obligations.

Appears in 1 contract

Samples: Confirmation Agreement

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