Sellers and XXXXXS 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. 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 Article 3.1 shall survive expiration or termination of this Agreement and all Transactions.
Sellers and XXXXXS Obligations. Seller shall sell and deliver, or cause to be delivered, and ASPA shall purchase and receive, or cause to be received, all of the Product generated by the Facility, at the Delivery Point, and ASPA shall pay Seller the Contract Price for such Quantity of Product as measured by the Seller’s Metering Equipment at the Delivery Point. 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. ASPA shall be responsible for any costs or charges imposed on or associated with the Product or its receipt at and from the Delivery Point. Title to and risk of loss of the Product from the Facility delivered to the Delivery Point shall transfer to ASPA at the Delivery Point. Seller warrants that it will deliver to Buyer the Quantity of the Product free and clear of all liens, security interests, claims and encumbrances or any interest therein or thereto by any person arising prior to the Delivery Point. Notwithstanding the foregoing, in the event that transmission of Renewable Energy from the Facility to the Delivery Point is unavailable or de-rated for any period for any reason other than due to ASPA’s electric system, Seller’s obligation to supply and sell, and ASPA’s obligation to accept and purchase, Renewable Energy shall be limited to such Renewable Energy that is actually deliverable from the Facility to the Delivery Point during such period
Sellers and XXXXXS Obligations. Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, the Contract 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 XXXXXS Obligations. With respect to each Emissions Transaction, Seller will sell and Transfer and Buyer will purchase and pay the Contract Price for the Quantity of the Emissions Product, or the parties to the Transaction will exchange the agreed upon Quantity of the Emissions Product, as applicable. However, with respect to any Option Emissions Transaction, the obligations set forth in the preceding sentence only arise if the option is exercised in accordance with its terms. Each party is responsible for its respective costs or charges imposed on or associated with Delivery and receipt of the Emissions Product.
Sellers and XXXXXS 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.
Sellers and XXXXXS Obligations
