Common use of Rights of the Buyer Clause in Contracts

Rights of the Buyer. as a result of the delivery of Off-Spec Gas to the Physical Downstream Transporter; then the Seller shall (irrespective of any event of Force Majeure affecting the Seller in relation to such Off-Spec Gas) indemnify the Buyer from and against all direct loss, damage and expense for which the Buyer is or becomes liable as a result of the delivery of such quantities of Off-Spec Gas, arising as a result of a claim by the Physical Downstream Transporter under its transportation agreement with the Buyer or with the relevant shipper transporting such quantities away from the Delivery Point. Unless otherwise agreed in the terms of an Individual Contract, the Seller's aggregate liability to the Buyer under this § 8a.5 (Indemnity) or otherwise in respect of quantities of Off-Spec Gas delivered under an Individual Contract shall be unlimited.

Rights of the Buyer. as a result of the delivery of Off-Spec Gas to the Physical Downstream Transporter; then the Seller shall (irrespective of any event of Force Majeure affecting the Seller in relation to such Off-Spec Gas) indemnify the Buyer from and against all direct loss, damage and expense for which the Buyer is or becomes liable as a result of the delivery of such quantities of Off-Off- Spec Gas, arising as a result of a claim by the Physical Downstream Transporter under its transportation agreement with the Buyer or with the relevant shipper transporting such quantities away from the Delivery Point. Unless otherwise agreed in the terms of an Individual Contract, the Seller's aggregate liability to the Buyer under this § 8a.5 (Indemnity) or otherwise in respect of quantities of Off-Off- Spec Gas delivered under an Individual Contract shall be unlimited.