Relationship of this Agreement to the Wholesale Power Agreement Sample Clauses

Relationship of this Agreement to the Wholesale Power Agreement. (a) BREC will make available to Seller the electric power required for Seller to perform the power supply obligations assumed by it in this Agreement, and Seller shall take and pay for such service from BREC pursuant to the Wholesale Power Agreement, this Agreement, and BREC’s Large Industrial Customer Standby Service (“LICSS”) tariff as such tariff may be amended from time to time, and any other applicable tariffs of BREC, or any successor tariff(s), all of which are incorporated herein by reference. The terms of the Wholesale Power Agreement shall continue in full force and effect except as expressly modified by this Agreement. (b) Xxxxxx agrees to bill Customer for amounts due under this Agreement, and agrees to pay over to BREC all funds actually collected under such xxxxxxxx, except for Xxxxxx’s adder. Seller will pay to BREC a pro rata share of any partial payment made to Seller by or on behalf of Customer. (c) Customer acknowledges and agrees that, to the extent XXXX has a corresponding or related obligation to Seller under the Wholesale Power Agreement, Seller’s performance of an obligation under this Agreement (i) is subject to and conditioned upon BREC’s performance of such corresponding or related obligation to Seller, and (ii) may be undertaken by BREC and that such performance of corresponding or related obligations by BREC will satisfy Seller’s performance obligations hereunder. (d) BREC shall be entitled to the benefit of each covenant undertaken by Customer in this Agreement, and BREC may enforce any such covenant by action in its own name or may require Seller to enforce such covenant for and on behalf of BREC. (e) In the event the Wholesale Power Agreement is terminated prior to the termination of this Agreement, BREC’s obligations hereunder shall terminate effective with the termination of the Wholesale Power Agreement and shall transfer to Seller.
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Related to Relationship of this Agreement to the Wholesale Power Agreement

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • NOW THEREFORE the parties hereto agree as follows:

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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