Seller’s Liability For Delivery of Non-Conforming Gas Sample Clauses

Seller’s Liability For Delivery of Non-Conforming Gas. If, prior to Buyer’s knowledge, the Committed Gas delivered by Seller or its designee does not comply with the Gas quality specifications set forth in Section 5.01 or Section 5.02 (“Non-Conforming Gas”), then Seller will be responsible for, and will indemnify, defend and hold harmless Buyer against any and all Claims arising from, related to or in any way connected with Seller’s delivery of Non-Conforming Gas upon reasonable proof that damages were due to Seller’s Non-Conforming Gas, except to the extent attributable to the gross negligence or willful misconduct of Buyer, or to the extent such Claims have been waived. The provisions of this Section 5.06 will not apply if Buyer knowingly accepts Seller’s Non-Conforming Gas, or if Buyer continues to accept such Non-Conforming Gas after a thirty (30) day period following the commencement of deliveries of such Non-Conforming Gas. Notwithstanding anything to the contrary set forth herein, in the event that Buyer either knowingly accepts such Non-Conforming Gas or continues to accept such Off-Specification Receipts for thirty (30) days following the commencement of deliveries of such Non-Conforming Gas, Seller shall not be liable for any Claims or other damages caused by or resulting from such Non-Conforming Gas, and Buyer hereby waives its claims against Seller with respect to any such Claims or damages. ** Text Omitted and Filed Separately Confidential Treatment Requested Under 17 C.F.R. §§ 80(b)(4) and 240.24b-2
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Related to Seller’s Liability For Delivery of Non-Conforming Gas

  • Conditions Precedent to the Obligation of Buyer to Close Buyer’s obligation to close pursuant to the terms of this Agreement is subject to the satisfaction, on or prior to the Closing, of each of the following conditions, unless waived by Buyer in writing:

  • Conditions Precedent to the Obligation of Seller to Close The obligation of Seller to consummate the transactions contemplated by this Agreement is subject to the fulfillment, prior to or on the Closing Date, of each of the following conditions precedent, any one or more of which may be waived by Seller in writing:

  • Seller Deliveries At the Closing, Seller shall deliver to Purchaser:

  • Seller Deliverables At the Closing, the Seller shall deliver to the Purchaser:

  • Closing Deliveries by Seller At the Closing, Seller shall deliver or cause to be delivered to Purchaser:

  • CONDITIONS PRECEDENT TO THE BUYER’S OBLIGATION TO PURCHASE The obligation of the Buyer hereunder to purchase the Note at the Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions, provided that these conditions are for the Buyer’s sole benefit and may be waived by the Buyer at any time in its sole discretion:

  • Conditions Precedent to Obligation of Buyer Buyer's obligation to consummate the transactions contemplated by this Agreement is subject to the satisfaction, on or prior to the Closing Date, of each of the following conditions, unless otherwise waived by Buyer in writing:

  • Closing Deliveries by Buyer At the Closing, Buyer shall deliver or cause to be delivered to Seller:

  • CONDITIONS PRECEDENT TO THE SELLER’S OBLIGATION TO CLOSE The Seller’s obligation to sell the Assets and to take the other actions required to be taken by the Seller at the Closing is subject to the satisfaction, at or prior to the Closing, of each of the following conditions (any of which may be waived by the Seller, in whole or in part, in writing):

  • Conditions Precedent to Obligation of Seller The obligation of Seller to consummate the transaction hereunder shall be subject to the fulfillment on or before the date of Closing of all of the following conditions, any or all of which may be waived by Seller in its sole discretion:

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