Sellers and Buyers Obligations. With respect to each Transaction and subject to the terms of this Master Agreement, Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, at the Delivery Point the Contract Quantity, and Buyer shall pay Seller the Contract Price. Seller shall be responsible for any costs or charges imposed on or associated with the delivery of the Contract Quantity, including control area services, inadvertent energy flows, transmission losses and loss charges relating to the transmission of the Contract Quantity, up to the Delivery Point. Buyer shall be responsible for any costs or charges imposed on or associated with the Contract Quantity, including control area services, inadvertent energy flows, transmission losses and loss charges relating to the transmission of the Contract Quantity, at and from the Delivery Point.
Sellers and Buyers Obligations. Subject to the terms of this Master Agreement and any applicable Transaction Agreement, Seller, with respect to each Transaction, shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, at the Delivery Point the Contract Quantity, and Buyer shall pay Seller the Contract Price. Seller shall be responsible for any costs or charges imposed on or associated with the delivery of the Contract Quantity up to the Delivery Point. Buyer shall be responsible for any costs or charges Imposed on or associated with the Contract Quantity at and from the Delivery Point.
Sellers and Buyers Obligations. With respect to the Panoche Transaction, Seller shall sell and deliver, or cause to be delivered, and Buyer shall receive, or cause to be received, the Quantity of the Product at the Energy Delivery Point, and Buyer shall pay Seller the Contract Price. Seller shall have no obligation to deliver the Product during an outage or Curtailment Event, and Seller shall have no obligation to make the Unit available during an Excused Outage. Seller shall be responsible for any costs or charges associated with the Product or its Scheduling or delivery up to the Energy Delivery Point. Buyer shall be responsible for any costs or charges imposed on or associated with the Product or its Scheduling or receipt at and from the Energy Delivery Point.
Sellers and Buyers Obligations. 3.1.1 Seller shall provide and make available to Buyer, and Buyer shall purchase and pay for the Product checked in the list below, subject to call and dispatch parameters corresponding to such Product as set forth below: Buyer shall have the right to call on the DR thus creating a DR Event in accordance with the following: þ Day-of Product No less than 30 minutes in advance of first hour called At Buyer’s Discretion
Sellers and Buyers Obligations. Subject to the terms and conditions of this Agreement, the Seller shall, during the term of this Agreement, sell and deliver, or cause to be delivered, whether (at the Seller’s sole discretion) sourced from the Facility or from other electricity generators, and the Buyer shall purchase and receive, or cause to be received, the Minimum Quantity of the Product at the Delivery Point, and the Buyer shall pay the Seller the Contract Price. The Buyer shall be responsible for any Governmental Charges imposed on or associated with the Product at, before or after the Delivery Point, including the fuel utilized to generate the Product.
Sellers and Buyers Obligations. With respect to each Transaction, Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, the Quantity at the Delivery Point, and Buyer shall pay Seller the Contract Price; provided, however, with respect to Options, the obligations set forth in the preceding sentence shall only arise if the Option Buyer exercises its Option in accordance with its terms. Provision of the Quantity by Seller shall be in compliance with all applicable Law. The obligation of Seller to provide the Quantity shall be deemed fully performed by procurement by Seller and delivery to the Delivery Point of such Quantity (whether through the ERCOT Balancing Energy market or otherwise).
Sellers and Buyers Obligations. Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, the Quantity of the Product at the Delivery Point, and Buyer shall pay Seller the Contract Price. Seller shall be responsible for any costs or charges imposed on or associated with the Product or its delivery of the Product up to the Delivery Point. Buyer shall be responsible for any costs or charges imposed on or associated with the Product or its receipt at and from the Delivery Point.
Sellers and Buyers Obligations. With respect to the Gates Transaction, Seller shall sell and deliver, or cause to be delivered, and Buyer shall receive, or cause to be received, the Quantity of the Product at the Energy Delivery Point, and Buyer shall pay Seller the Contract Price. Seller shall have no obligation to deliver the Product during an outage or Curtailment Event, and Seller shall have no obligation to make the Unit available during an Excused Outage. Seller shall deliver the Product exclusively from the Unit, with the exception of the use of CAISO imbalance energy as provided for hereunder. Seller shall be responsible for any costs or charges associated with the Product or its Scheduling or delivery up to the Energy Delivery Point. Buyer shall be responsible for any costs or charges imposed on or associated with the Product or its Scheduling or receipt at and from the Energy Delivery Point.
Sellers and Buyers Obligations. With respect to each Transaction and unless otherwise agreed to by the Parties, Seller shall sell and Buyer shall purchase the Contract Quantity of the Commodity and Buyer shall pay Seller the Purchase Price for such Commodity. Seller warrants that at the time of each delivery of the Commodity by Seller hereunder, it will be conveying title to the Commodity to Buyer, free and clear of all liens, claims, security interests, encumbrances and other defects of title; provided, that to the extent Buyer previously conveyed title in the Commodity to Seller in an earlier transaction, Seller's warranty to Buyer shall not cover any defects in title that arose through or under Buyer or any other owner(s) who held title prior to Seller acquiring title to such Commodity. EACH PARTY EXPRESSLY NEGATES ANY OTHER REPRESENTATION OR WARRANTY, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY WITH RESPECT TO CONFORMITY TO MODELS OR SAMPLES, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. This Section 3.1 shall survive expiration or termination of this Master Agreement and all Transactions.
Sellers and Buyers Obligations. With respect to each Transaction, Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, the Quantity of the Product at the Delivery Point, and Buyer shall pay Seller the Contract Price. Seller shall be responsible for any costs or charges imposed on or associated with the Product or its delivery of the Product up to the Delivery Point. Buyer shall be responsible for any costs or charges imposed on or associated with the Product or its receipt at and from the Delivery Point. However, with respect to Options, the obligations set forth in this Section 4.1 shall only arise if the Option Buyer exercises its Option in accordance with its terms.
