Rights and Obligations Surviving Termination. The rights and obligations of the Parties that are intended to survive a termination of this Agreement are all such rights and obligations that this Agreement expressly provides survive such termination as well as those rights and obligations arising from either Parties’ covenants, agreements, representations or warranties applicable to, or to be performed, at, before or as a result of the termination of this Agreement, including: The obligation of Buyer to make all outstanding Monthly Contract Payments for periods before termination of this Agreement; The obligation of Buyer to invoice Seller for all payment adjustments for periods before termination of this Agreement, as set forth in Section 4.02; The obligation of Seller to pay any Buyer payment-adjustment invoice described in Section 4.03(b) for periods before termination of this Agreement within 30 days of Seller’s receipt of such invoice; The obligation to make a Termination Payment, as set forth in Section 6.03; The indemnity obligations, as set forth in Section 9.03; The obligation of confidentiality, as set forth in Section 9.09; The right to pursue remedies under Section 6.02(c); The limitation of damages under Article Seven;
Appears in 7 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Rights and Obligations Surviving Termination. The rights and obligations of the Parties that are intended to survive a termination of this Agreement are all such rights and obligations that this Agreement expressly provides survive such termination as well as those rights and obligations arising from either Parties’ covenants, agreements, representations or warranties applicable to, or to be performed, at, before or as a result of the termination of this Agreement, including: :
(a) The obligation of Buyer to make all outstanding Monthly Contract Payments for periods before termination of this Agreement; ;
(b) The obligation of Buyer to invoice Seller for all payment adjustments for periods before termination of this Agreement, as set forth in Section 4.02; ;
(c) The obligation of Seller to pay any Buyer payment-adjustment invoice described in Section 4.03(b) for periods before termination of this Agreement within 30 days of Seller’s receipt of such invoice; ;
(d) The obligation of Buyer or Seller, as applicable, to make payments, if any, after the termination of this Agreement, as set forth in SRAC;
(e) The obligation to make a Termination Payment, as set forth in Section 6.03; ;
(f) The indemnity obligations, as set forth in Section 9.03; 9.04;
(g) The obligation of confidentiality, as set forth in Section 9.09; 9.10;
(h) The right to pursue remedies under Section 6.02(c); ;
(i) The limitation of damages under Article Seven;; and
(j) If the Generating Facility is a New Qualifying Facility, the obligation of Seller to post Performance Assurance in accordance with Section 1.07 and Exhibit F.
Appears in 5 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Rights and Obligations Surviving Termination. The rights and obligations of the Parties that are intended to survive a termination of this Agreement are all such rights and obligations that this Agreement expressly provides survive such termination as well as those rights and obligations arising from either Parties’ covenants, agreements, representations or warranties applicable to, or to be performed, at, before or as a result of the termination of this Agreement, including: :
(a) The obligation of Buyer to make all outstanding Monthly Contract Payments for periods before termination of this Agreement; ;
(b) The obligation of Buyer to invoice Seller for all payment adjustments for periods before termination of this Agreement, as set forth in Section 4.02; ;
(c) The obligation of Seller to pay any Buyer payment-adjustment invoice described in Section Sections 4.03(b) or 4.04(c) for periods before termination of this Agreement within 30 days of Seller’s receipt of such invoice; ;
(d) The obligation of Buyer or Seller, as applicable, to make payments, if any, after the termination of this Agreement, as set forth in Section 3(c) of Exhibit S;
(e) The obligation to make a Termination Payment, as set forth in Section 6.03; ;
(f) The indemnity obligations, as set forth in Section 9.03; ;
(g) The obligation of confidentiality, as set forth in Section 9.09; ;
(h) The right to pursue remedies under Section 6.02(c); ;
(i) The limitation of damages under Article Seven;; and
(j) If the Generating Facility is a New CHP Facility, the obligation of Seller to post Performance Assurance in accordance with Section 1.07 and Exhibit F.
Appears in 4 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Rights and Obligations Surviving Termination. The rights and obligations of the Parties that are intended to survive a termination of this Agreement are all such rights and obligations that this Agreement expressly provides survive such termination as well as those rights and obligations arising from either Parties’ covenants, agreements, representations or warranties applicable to, or to be performed, at, before or as a result of the termination of this Agreement, including: :
(a) The obligation of Buyer to make all outstanding Monthly Contract Payments for periods before termination of this Agreement; ;
(b) The obligation of Buyer to invoice Seller for all payment adjustments for periods before termination of this Agreement, as set forth in Section 4.02; ;
(c) The obligation of Seller to pay any Buyer payment-adjustment invoice described in Section 4.03(b) for periods before termination of this Agreement within 30 days of Seller’s receipt of such invoice; ;
(d) The obligation of Buyer or Seller, as applicable, to make payments, if any, after the termination of this Agreement, as set forth in Section 3(c) of Exhibit S;
(e) The obligation to make a Termination Payment, as set forth in Section 6.03; ;
(f) The indemnity obligations, as set forth in Section 9.03; ;
(g) The obligation of confidentiality, as set forth in Section 9.09; ;
(h) The right to pursue remedies under Section 6.02(c); and
(i) The limitation of damages under Article Seven;.
Appears in 3 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Rights and Obligations Surviving Termination. The rights and obligations of the Parties that are intended to survive a termination of this Agreement are all such rights and obligations that this Agreement expressly provides survive such termination as well as those rights and obligations arising from either Parties’ covenants, agreements, representations or warranties applicable to, or to be performed, at, before or as a result of the termination of this Agreement, including: The obligation of Buyer to make all outstanding Monthly Contract Payments for periods before termination of this Agreement; The obligation of Buyer to invoice Seller for all payment adjustments for periods before termination of this Agreement, as set forth in Section 4.02; The obligation of Seller to pay any Buyer payment-adjustment invoice described in Section Sections 4.03(b) or 4.04(c) for periods before termination of this Agreement within 30 days of Seller’s receipt of such invoice; The obligation of Buyer or Seller, as applicable, to make payments, if any, after the termination of this Agreement, as set forth in Section 3(c) of Exhibit S; The obligation to make a Termination Payment, as set forth in Section 6.03; The indemnity obligations, as set forth in Section 9.03; The obligation of confidentiality, as set forth in Section 9.09; The right to pursue remedies under Section 6.02(c); The limitation of damages under Article Seven;; and
Appears in 2 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Rights and Obligations Surviving Termination. The rights and obligations of the Parties that are intended to survive a termination of this Agreement are all such rights and obligations that this Agreement expressly provides survive such termination as well as those rights and obligations arising from either Parties’ covenants, agreements, representations or warranties applicable to, or to be performed, at, before or as a result of the termination of this Agreement, including: :
(a) The obligation of Buyer to make all outstanding Monthly Contract Payments for periods before termination of this Agreement; ;
(b) The obligation of Buyer to invoice Seller for all payment adjustments for periods before termination of this Agreement, as set forth in Section 4.02; ;
(c) The obligation of Seller to pay any Buyer payment-adjustment invoice described in Section 4.03(b) for periods before termination of this Agreement within 30 days of Seller’s receipt of such invoice; ;
(d) The obligation of Buyer or Seller, as applicable, to make payments, if any, after the termination of this Agreement;
(e) The obligation to make a Termination Payment, as set forth in Section 6.03; (f) The indemnity obligations, as set forth in Section 9.03; The obligation of confidentiality, as set forth in Section 9.09; The right to pursue remedies under Section 6.02(c); The limitation of damages under Article Seven9.04;
Appears in 1 contract
Samples: Power Purchase and Sale Agreement
Rights and Obligations Surviving Termination. RAP ID #[Number], [Seller’s Name] The rights and obligations of the Parties that are intended to survive a termination of this Agreement are all such of those rights and obligations that this Agreement expressly provides shall survive any such termination as well as and those rights and obligations arising that arise from either Parties’ Seller’s or SCE’s covenants, agreements, representations or representations, and warranties applicable to, or to be performed, at, before at or during any time prior to or as a result of the termination of this Agreement, including: , without limitation:
(a) The obligation of Buyer SCE to make all outstanding Monthly Contract Payments for periods before termination of this Agreement; prior to termination;
(b) The obligation of Buyer SCE to invoice Seller for all payment adjustments for periods before termination of this Agreementprior to termination, as set forth in Section 4.02; 4.02(b);
(c) The obligation of Seller to pay any Buyer payment-the SCE payment adjustment invoice described invoices set forth in Section 4.03(b4.03(c) for periods before prior to termination of this Agreement within 30 thirty (30) days of Seller’s receipt of such the invoice; ;
(d) The obligation to make a Termination Payment, as set forth in Payment under Section 6.03; 6.03 below;
(e) The indemnity obligations, as set forth obligations to the extent provided in Section 9.03; The obligation of confidentiality, as set forth in Section 9.09; The right to pursue remedies under Section 6.02(c); The limitation of damages under Article Seven;
Appears in 1 contract
Samples: Power Purchase and Sale Agreement