Common use of Risk and Liability Clause in Contracts

Risk and Liability. The Seller shall be responsible, at its own cost and risk, for: obtaining all Consents including those obtained under Clause 4.2.1 (On Effective Date), except for NamPower's Consents, and maintaining all Seller's Consents in full force and effect during the Term of this Agreement; the commencement of supply of Net Energy to NamPower no later than the Target Commercial Operation Date excluding delays not attributable to the Seller; connecting the Power Plant with the Connection Facilities at the Delivery Point as contemplated in the Connection Offer Letter; operating and maintaining the Power Plant throughout the Term of this Agreement free and clear of encumbrances, except those provided to the Lenders under the Finance Documents, and except as expressly permitted under Clause 23 (Cession and Assignment); and fulfilling all obligations undertaken by the Seller under this Agreement. The Seller shall be fully responsible for the suitability of the Project Site and shall assume all risk and liabilities associated with the Project Site. The Seller shall be required to obtain all information with regard to the Connection Works as is reasonably necessary to enable it to design, install and operate all interconnection plant and apparatus on the Seller’s side of the Delivery Point in accordance with the Transmission Connection Agreement and the Grid Code. NamPower shall have the right from time to time, on not less than forty eight (48) hours’ written notice, to designate not more than four (4) of NamPower’s representatives who shall be entitled to have access to the Project Site at reasonable times for the purpose of viewing the Power Plant and verifying the Seller’s compliance with its obligations under this Agreement: Provided that NamPower shall ensure that its representatives shall comply with all Project Site health and safety precautions and standards and shall not interfere with the construction, operation and maintenance of the Power Project. Such request from NamPower shall not be unreasonably refused by the Seller.