Rights and Obligations of Seller Sample Clauses

Rights and Obligations of Seller. Seller covenants and agrees that during the term of this Agreement it shall: A. Design, construct, start up, test and operate the Cogeneration Facility at its expense in accordance with safe and sound engineering practices and procedures in order that the Cogeneration Facility is able at all times to deliver steam meeting the specifications set out in Appendix A and in the quantities set forth in Appendix A. The Cogeneration Facility shall utilize Buyer's existing boilers as a back-up system. Seller shall have the right to use such boilers at not charge on the condition that: (1) it pays for any fuel consumed as well as any associated operation and maintenance costs; (2) it installs and pays for any necessary interconnections with Seller's Cogeneration Facility and (3) it keeps such boilers "hot", at Seller's expense, by circulating steam through them once the Cogeneration Facility is operational. Should Seller determine at any time during this Agreement that replacement of Buyer's boilers is necessary, it shall bear the cost of such replacement and the new boiler(s) shall become the property of Seller, and shall be added to the Cogeneration B. If Seller uses the original site (as opposed to Alternate Site), design construct and maintain a "park and lock" parking garage on the Site with sufficient spaces to replace those spaces eliminated by Seller on the Site as a result of the construction of the Cogeneration Facility. Seller shall guarantee continued access to this parking garage for Buyer's employees and the right, at no cost, to use an equivalent number of spaces to those eliminated by Seller. At the conclusion of this Agreement or at any time when Buyer has the right to purchase the Cogeneration Facility Buyer shall have the right to purchase the Cogeneration Facility. The price for the garage shall be its fair market value, as determined by the American Appraisal Company, the appraisal to be based on the assumption that the garage sits on freehold property (rather than leased property), less the value of the freehold. In other words, the value of the real property on which the garage rests will be ignored in the appraisal. C. Obtain those permits set forth in Appendix C hereto and any other additional permits which may be required under then applicable and regulations to operate the Facility during the term of this Agreement.

Rights and Obligations of Seller. Seller shall: A. Have the right to sell any and all steam produced at the Cogeneration Facility (1) in excess of the Maximum Steam Production, or (2) any steam offered to but not purchased by Buyer to any other person on such terms and conditions as Seller and such person shall agree without interference by Buyer except that such sale shall not be conducted in such manner as to interfere with Buyer's steam purchases pursuant to Section 3.1.A or with Buyer's operation of its Plant and not to create any risk of injury or damage to any person or property beyond normal risk associated with operation of the Facility in accordance with applicable industry standards and good engineering practices. B. Construct, own, operate and maintain all Steam Interconnection Facilities necessary for the delivery of steam (1) from Seller's Facility to and including the Buyer's Points of Delivery, and (2) from Seller's Facility to and including points of delivery to steam delivery systems maintained by other purchasers of steam from Seller provided such facilities are operated and maintained in such manner as not to interfere with Buyer's operation of its Plant and not to create any risk of injury or damage to any person or property beyond normal risks associated with operation of the Facility in accordance with applicable industry standards and good engineering practices. C. Have the right to sell electricity generated at the Cogeneration Facility to any person on such terms and conditions as Seller and such person shall agree, without interference by Buyer, provided such generation and sale is conducted in such manner as not to interfere with Buyer's operation of its Plant and not to create any risk of injury or damage to any person or property beyond normal risks associated with operation of the Facility in accordance with applicable industry standards and good engineering practices; D. Construct, own, operate and maintain all Electrical Interconnection Facilities and all other electrical interconnection or transmission facilities necessary to deliver electricity from the Cogeneration Facility to the persons to whom such electricity is sold, provided such facilities are operated and maintained in such manner as not to interfere with Buyer's operation of its Plant and not to create any risk of injury or damage to any person or property beyond normal risks associated with operation of the Facility in accordance with applicable industry standards and good engineering practices;...

Rights and Obligations of Seller. A. Design and Construction of Facility ----------------------------------- (1) General - SELLER shall furnish all financial resources, labor, tools, materials, equipment, transportation, supervision, and other goods and services necessary to completely design and build the Facility as more particularly described in Section 2.

Rights and Obligations of Seller. Seller shall have the following rights and obligations pursuant to this Agreement:

Rights and Obligations of Seller. Seller shall accomplish such equipment’s production within the three months of Buyer paying the first installment upon the provisions of the Contract.

Rights and Obligations of Seller