Power Agreements. For the avoidance of doubt, Provider shall have no liability to Customer under or pursuant to this Agreement, whether for Losses or otherwise, to the extent such losses arise directly or indirectly due to the failure of any energy provider to supply energy, or Customer to receive supply of energy, for any reason whatsoever under any Power Agreement.
Power Agreements. The Borrower shall not create, modify, amend, cancel or terminate any of the Power Agreements without the consent of Agent, which consent shall not be unreasonably withheld.
Power Agreements. The agreements set forth on Section 4.21 of the Disclosure Schedules with Entergy (the “Power Agreements”) provide for an aggregate of 16.5 megawatts of power that is available to the Premises (the “Power Requirement”). Entergy has sufficient infrastructure in place on the Premises to support delivery of 16.5 megawatts to the Premises.
Power Agreements. (a) Agreement for New Transmission Companies dated as of November 20, 2001 between British Columbia Hydro and Power Authority xxx xxx Xxxxxxx; xxx
Power Agreements. (a) Purchaser and Seller acknowledge and agree that the Power Agreements are integral and essential to the continued economic operation of the Cloquet Facility by Purchaser, but that the Power Agreements currently have application to multiple facilities owned and operated by Seller. Because the Power Agreements combine and blend for various purposes: (i) multiple and separate electrical loads; (ii) billing characteristics associated with multiple loads, and (iii) various liabilities and obligations of multiple industrial facilities, Purchaser and Seller agree that, as currently stated, neither the rights nor the obligations contained in the Power Agreements are directly assignable to Purchaser in conjunction with the transactions envisioned in this Agreement. In lieu of such contractual assignments, Seller shall use all commercially reasonable efforts, in consultation with Purchaser, to ensure that it has by no later than Closing either (i) obtained a waiver, in writing, from Minnesota Power of certain of Minnesota Power's contractual rights under the Power Agreements so as to permit a partial assignment from Seller to Purchaser at Closing of only those portions of Seller's rights and obligations under the Power Agreements which relate to the Cloquet Facility and the Power Generation Facilities and a retention by Seller of all other rights and obligations under the Power Agreements ("MP Waiver"); or (ii) renegotiated the Power Agreements with Minnesota Power and obtained the execution and delivery by Minnesota Power of a revised set of contracts covering the same subject matter as the Power Agreements, but which revised Power Agreements segregate the rights and obligations of Seller with respect to the Cloquet Facility and the Power Generation Facilities from the rights and obligations of Seller with respect to its other facilities (the "Revised Power Agreements"). If Seller obtains the MP Waiver and all requisite Consents of Governmental Entities (if any) with respect to the MP Waiver and the assignment of rights and obligations under the Power Agreements to Purchaser prior to Closing, the rights and obligations under the Power Agreements which relate to the Cloquet Facility and the Power Generation Facilities shall be assigned to Purchaser by Seller as, and shall be deemed to be, Acquired Assets. If Seller renegotiates Revised Power Agreements pertinent only to the Cloquet Facility and the Power Generation Facilities (the "Revised Cloquet Power Agreement...
Power Agreements. Collectively, (i) the letter agreement dated June 15, 2006 by and between DuPont Fabros Development LLC and Commonwealth Edison Company, (ii) the Memorandum of Understanding dated August 7, 2006 by and between DuPont Fabros Development LLC and Commonwealth Edison Company, (iii) the Memorandum of Understanding dated September 28, 2006 by and between DuPont Fabros Development LLC and Commonwealth Edison Company and (iv) the letter from dated November 7, 2007 from Commonwealth Edison Company to DuPont Fabros (collectively, the “ComEd Documents”), as such ComEd Documents have been assigned to Borrower pursuant to that certain Assignment and Assumption of Contracts dated as of February 28, 2007.
Power Agreements. Purchaser shall use good faith efforts to satisfy any conditions required by any Power Suppliers to be satisfied by Purchaser or any Affiliate of Purchaser in order to permit the condition to Seller's obligations set forth in Section 9.3 to be fully satisfied.
