Common use of Pricing Assumptions Clause in Contracts

Pricing Assumptions. The Contract Price and each Purchase Order Price are based on the design and manufacture of the Equipment and performance of Services in accordance with: (a) those portions of the codes and standards identified in Appendix A which the Parties agree are applicable to the Equipment; (b) the applicable national Laws of the country where the relevant Equipment is manufactured; (c) the ambient site conditions (including temperature and wind conditions) identified in Appendix A; (d) those site-specific environmental requirements (including those governing noise emissions) identified in Appendix A; and (e) those local Laws (including seismic and wind loading design requirements) which have been identified in Appendix A; in each case as in effect on the date of this Contract. For the avoidance of doubt, the Seller shall bear full responsibility for any subsequent change in codes or standards identified in Appendix A or in applicable national Laws that affect the Seller’s manufacturing, fabrication, production, assembly, shipping or transporting processes or activities under this Contract.

Appears in 8 contracts

Samples: Agreement (Noble Environmental Power LLC), Agreement (Noble Environmental Power LLC), Confidential Treatment (Noble Environmental Power LLC)

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Pricing Assumptions. The Contract Price and each Purchase Order Price are based on the design and manufacture of the Equipment and performance of Services in accordance with: (a) those portions of the codes and standards identified in Appendix A which the Parties agree are applicable to the Equipment; (b) the applicable national Laws of the country where the relevant Equipment is manufactured; (c) the ambient site conditions (including temperature and wind conditions) identified in Appendix A; (d) those site-specific environmental requirements (including those governing noise emissions) identified in Appendix A; and (e) those local Laws (including seismic and wind loading design requirements) which have been identified in Appendix A; in each case as in effect on the date of this Contract. For the avoidance of doubt, the Seller shall bear full responsibility for any subsequent change Change in codes or standards Codes and Standards identified in Appendix A or in applicable national Laws that affect the Seller’s manufacturing, fabrication, production, assembly, shipping or transporting processes or activities under this Contract.

Appears in 2 contracts

Samples: This Agreement (Noble Environmental Power LLC), This Agreement (Noble Environmental Power LLC)

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