Common use of Post-Expiration and Post-Termination Obligations; Survival Clause in Contracts

Post-Expiration and Post-Termination Obligations; Survival. ‌ (a) Any expiration or termination of this Agreement, irrespective of the reason therefor, shall not release either Party of or from any obligations accrued or incurred prior to the effective date of such expiration or termination or, subject to Section 12.2 and Section 16.8, waive any rights or remedies with respect to a breach of this Agreement giving rise to such expiration or termination, all of which shall survive the expiration or termination of this Agreement. (b) Any expiration or termination of this Agreement, irrespective of the reason therefor, shall not release either Party of or from any applicable rights and/or obligations pursuant to Article I (to the extent relevant to the meaning or interpretation of any provision of this Agreement that is to survive its expiration or termination) or Section 4.2 (fourth sentence only), Sections 5.4(a)(iii) (last sentence only), 5.4(b) (last sentence only), 5.5, 5.6, 5.7, 6.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 8.2(c) (last sentence only), 8.3, 11.1, 13.2, Article XIV, 16.1, 16.2, 16.5, 16.8, 16.11, 16.13, 16.15, 16.18 or 16.20, all of which shall survive the expiration or termination of this Agreement.

Appears in 1 contract

Samples: Refined Coal Supply Agreement

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Post-Expiration and Post-Termination Obligations; Survival. (a) Any expiration or termination of this Agreement, irrespective of the reason therefor, shall not release either any Party of or from any obligations accrued or incurred prior to the effective date of such expiration or termination or, subject to Section 12.2 and Section 16.8, waive any rights or remedies with respect to a breach of this Agreement giving rise to such expiration or termination, all of which shall survive the expiration or termination of this Agreement. (b) Any expiration or termination of this Agreement, irrespective of the reason therefor, shall not release either Party of or from any applicable rights and/or obligations pursuant to Article I (to the extent relevant to the meaning or interpretation of any provision of this Agreement that is to survive its expiration or termination) or Section 4.2 (fourth sentence only), Sections 4.3, 5.4(a)(iii) (last sentence only), 5.4(b) (last sentence only), 5.5, 5.6, 5.7, 6.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 8.2(c) (last sentence only), 8.3, 11.1, 13.2, Article XIV, 16.1, 16.2, 16.5, 16.8, 16.11, 16.13, 16.15, 16.18 16.17, 16.19 or 16.2016.21, all of which shall survive the expiration or termination of this Agreement.

Appears in 1 contract

Samples: Refined Coal Supply Agreement

Post-Expiration and Post-Termination Obligations; Survival. ‌ (a) Any expiration or termination of this Agreement, irrespective of the reason therefor, shall not release either Party of or from any obligations accrued or incurred prior to the effective date of such expiration or termination or, subject to Section 12.2 10.2 and Section 16.814.8, waive any rights or remedies with respect to a breach of this Agreement giving rise to such expiration or termination, all of which shall survive the expiration or termination of this Agreement. (b) Any expiration or termination of this Agreement, irrespective of the reason therefor, shall not release either Party of or from any applicable rights and/or obligations pursuant to Article I (to the extent relevant to the meaning or interpretation of any provision of this Agreement that is to survive its expiration or termination) or Section 4.2 (fourth sentence only), Sections 5.4(a)(iii) 5.3 or 5.4, Section 5.6 (last sentence onlyto the extent related to payments due from Producer accruing prior to the termination date), 5.4(b) Sections 5.7, 5.8 or 6.3, Article IX (last sentence onlyto the extent set forth in Schedule 9.1), 5.5, 5.6, 5.7, 6.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 8.2(c) (last sentence only), 8.3, 11.1, 13.2Section 11.2, Article XIVXII, 16.1or Sections 14.1, 16.214.2, 16.514.5, 16.814.8, 16.1114.11, 16.1314.13, 16.1514.15, 16.18 14.18 or 16.2014.20, all of which shall survive the expiration or termination of this Agreement.

Appears in 1 contract

Samples: Coal Feedstock Purchase Agreement

Post-Expiration and Post-Termination Obligations; Survival. (a) Any expiration or termination of this Agreement, irrespective of the reason therefor, shall not release either Party of or from any obligations accrued or incurred prior to the effective date of such expiration or termination (including the obligation of Producer for accrued License and Services Fees) or, subject to Section 12.2 15.2 and Section 16.819.9, waive any rights or remedies with respect to a breach of this Agreement giving rise to such expiration or termination, all of which shall survive the expiration or termination of this Agreement. (b) Any expiration or termination of this Agreement, irrespective of the reason therefor, shall not release either Party of or from any applicable rights and/or obligations pursuant to Article I (to the extent relevant to the meaning or interpretation of any provision of this Agreement that is to survive its expiration or termination), the first (1st) sentence of Section 4.2(c), Section 5.3, Article VI, Sections 9.2, 10.2 (to the extent related to payments due from Producer accruing prior to the termination date), 10.3, 10.4, 14.1 (to the extent set forth in Schedule 14.1), or 14.2, Article XV, Section 16.2(a) (to the extent relating to the Removal License or Producer’s removal of the Facility or its other assets from the Site), Article XVII, Section 18.1(a), Section 19.1 or 19.2, Section 19.3 or 19.4 (to the extent relating to performance under Article VI), or Section 4.2 (fourth sentence only)19.6, Sections 5.4(a)(iii) (last sentence only)19.9, 5.4(b) (last sentence only)19.12, 5.5, 5.6, 5.7, 6.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 8.2(c) (last sentence only), 8.3, 11.1, 13.2, Article XIV, 16.1, 16.2, 16.5, 16.8, 16.11, 16.13, 16.15, 16.18 19.16 or 16.2019.17, all of which shall survive the expiration or termination of this Agreement.

Appears in 1 contract

Samples: License and Services Agreement

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Post-Expiration and Post-Termination Obligations; Survival. (a) Any expiration or termination of this Agreement, irrespective of the reason therefor, shall not release either any Party of or from any obligations accrued or incurred prior to the effective date of such expiration or termination or, subject to Section 12.2 10.2 and Section 16.814.8, waive any rights or remedies with respect to a breach of this Agreement giving rise to such expiration or termination, all of which shall survive the expiration or termination of this Agreement. (b) Any expiration or termination of this Agreement, irrespective of the reason therefor, shall not release either Party of or from any applicable rights and/or obligations pursuant to Article I (to the extent relevant to the meaning or interpretation of any provision of this Agreement that is to survive its expiration or termination) or Section 4.2 (fourth sentence only), Sections 5.4(a)(iii) 4.3, 5.3 or 5.4, Section 5.6 (last sentence onlyto the extent related to payments due from Producer accruing prior to the termination date), 5.4(b) Sections 5.7, 5.8 or 6.3, Article IX (last sentence onlyto the extent set forth in Schedule 9.1), 5.5, 5.6, 5.7, 6.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 8.2(c) (last sentence only), 8.3, 11.1, 13.2Section 11.2, Article XIVXII, 16.1or Sections 14.1, 16.214.2, 16.514.5, 16.814.8, 16.1114.11, 16.1314.13, 16.1514.15, 16.18 14.17, 14.19 or 16.2014.21, all of which shall survive the expiration or termination of this Agreement.

Appears in 1 contract

Samples: Coal Feedstock Purchase Agreement

Post-Expiration and Post-Termination Obligations; Survival. (a) Any expiration or termination of this Agreement, irrespective of the reason therefor, shall not release either any Party of or from any obligations accrued or incurred prior to the effective date of such expiration or termination (including the obligation of Producer for accrued License and Services Fees) or, subject to Section 12.2 15.2 and Section 16.819.9, waive any rights or remedies with respect to a breach of this Agreement giving rise to such expiration or termination, all of which shall survive the expiration or termination of this Agreement. (b) Any expiration or termination of this Agreement, irrespective of the reason therefor, shall not release either Party of or from any applicable rights and/or obligations pursuant to Article I (to the extent relevant to the meaning or interpretation of any provision of this Agreement that is to survive its expiration or termination), the first (1st) sentence of Section 4.2(c), Section 4.3, Section 5.3, Article VI, Sections 9.2, 10.2 (to the extent related to payments due from Producer accruing prior to the termination date), 10.3, 10.4, 14.1 (to the extent set forth in Schedule 14.1), or 14.2, Article XV, Section 16.2(a) (to the extent relating to the Removal License or Producer’s removal of the Facility or its other assets from the Site), Article XVII, Section 18.1(a), Section 19.1 or 19.2, Section 19.3 or 19.4 (to the extent relating to performance under Article VI), or Section 4.2 (fourth sentence only)19.6, Sections 5.4(a)(iii) (last sentence only)19.9, 5.4(b) (last sentence only)19.12, 5.519.16, 5.6, 5.7, 6.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 8.2(c) (last sentence only), 8.3, 11.1, 13.2, Article XIV, 16.1, 16.2, 16.5, 16.8, 16.11, 16.13, 16.15, 16.18 19.17 or 16.2019.19, all of which shall survive the expiration or termination of this Agreement.

Appears in 1 contract

Samples: License and Services Agreement

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