Common use of Relationship of this Agreement to the Wholesale Power Agreement Clause in Contracts

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.

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 Big Rivers pursuant to the Wholesale Power Agreement, this Agreement, and BREC’s Big Rivers’ Large Industrial Customer Standby Service (“LICSS”) tariff as such tariff may be amended from time to time, and any other applicable tariffs of BRECBig Rivers, 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 any other amounts due under this Agreement, and agrees to pay over to BREC all funds actually collected under such xxxxxxxx, except for XxxxxxSeller’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.