Common use of Rights and Obligations Surviving Termination Clause in Contracts

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;

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 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. *** End of Article Two *** SELLER’S OBLIGATIONS

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 twenty (20) 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;