Common use of RELATIONSHIP TO ORIGINAL AGREEMENT Clause in Contracts

RELATIONSHIP TO ORIGINAL AGREEMENT. Once the provisions in Section 13.2 and 13.4 of the Original Agreement and 16.2 and 16.4 of the Agreement are satisfied to allow the Agreement to take effect, the Agreement shall supersede the Original Agreement upon the effective date specified in the Agreement; provided, however, this shall not eliminate any rights or obligations relating to prior actions, which shall survive the Original Agreement including, but not limited to, rights or obligations arising under the following provisions: (a) indemnification; (b) waivers of liability; (c) no agreement to jurisdiction; (d) default; (e) cost recovery; and (f) obligations upon termination by entities that terminated their participation in the Original Agreement without executing this Agreement. Notwithstanding the foregoing in this Section 3.5, the SPP and the Operating ZonesInterchange Equipment Operators shall maintain the functionality necessary to comply with the Original Agreement for a transition period after Integrated Marketplace start-up as determined by the BA Committee.

RELATIONSHIP TO ORIGINAL AGREEMENT. Once the provisions in Section 13.2 and 13.4 of the Original Agreement and 16.2 and 16.4 of the Agreement are satisfied to allow the Agreement to take effect, the Agreement shall supersede the Original Agreement upon the effective date specified in the Agreement; provided, however, this shall not eliminate any rights or obligations relating to prior actions, which shall survive the Original Agreement including, but not limited to, rights or obligations arising under the following provisions: (a) indemnification; (b) waivers of liability; (c) no agreement to jurisdiction; (d) default; (e) cost recovery; and (f) obligations upon termination by entities that terminated their participation in the Original Agreement without executing this Agreement. Notwithstanding the foregoing in this Section 3.5, the SPP and the Operating ZonesInterchange Interchange Equipment Operators shall maintain the functionality necessary to comply with the Original Agreement for a transition period after Integrated Marketplace start-up as determined by the BA Committee.