Seller’s Responsibility. If the Seller determines that the Interface Problem is primarily attributable to the design of a Warranted Part, the Seller shall, if so requested by the Buyer and pursuant to the terms and conditions of Clause 12.1, correct the design of such Warranted Part to the extent of the Seller’s obligation as defined in Clause 12.1.
Seller’s Responsibility. Seller shall obtain and maintain all distribution, transmission and interconnection rights and agreements (including all Governmental Authority approvals) required to enable Parallel Operation of the Generating Facility with the Transmission Provider’s electric system and the applicable Control Area operator’s electric grid and to effect Scheduling of the electric energy from the Generating Facility and transmission and delivery to the Delivery Point. Except as otherwise provided in its interconnection agreement, the CAISO Tariff, or the Transmission Provider’s tariff, rules or regulations, Seller shall pay all Transmission Provider charges or other charges directly caused by, associated with, or allocated to the following:
(i) All required Interconnection Studies, facilities upgrades, and agreements;
(ii) Interconnection of the Generating Facility to the Transmission Provider’s electric system;
(iii) Any costs or fees associated with obtaining and maintaining a wholesale distribution access tariff agreement, if applicable; and
(iv) The transmission and delivery of electric energy from the Generating Facility to the Delivery Point.
Seller’s Responsibility. Except to the extent of Buyer's or its Affiliates', or their respective officers', directors', employees', agents' or subcontractors', gross negligence or willful misconduct and subject to Section 10.1, Seller shall be responsible for all physical damage to or destruction of property, equipment and/or facilities owned by Seller and/or its affiliates, regardless of who brings the claim and regardless of who caused the damage and Seller shall not seek recovery or reimbursement from Buyer for such damage.
Seller’s Responsibility. All welfare plan claims and short- or long-term disability plan obligations incurred on or before the Closing, if any, shall remain the sole responsibility of Seller. Eligible indemnity plan expenses attributable to any of Seller's covered employees or dependents who are confined to a hospital or medical institution on the date of the Closing will continue to be the responsibility of Seller to the extent required under Seller's applicable plans.
Seller’s Responsibility. Seller shall have sole responsibility for the planning, design, procurement, construction, start-up, testing, and licensing of the Plant subject to: (1) meeting all appropriate electrical and other applicable codes and regulations required by federal, state, municipal, or any other governmental agencies; and (2) obtaining all necessary authorizations and permits.
Seller’s Responsibility. During the Services Term, Seller shall arrange, schedule and be responsible for electric transmission service and any and all costs or charges imposed on or associated with the Products or its delivery of the Products, including electric transmission costs, transmission losses, congestion costs and all risks and costs associated with any transmission outages or curtailment up to and at the CAISO Interconnection Point.
Seller’s Responsibility. Seller must, and must ensure and procure its employees, contractors, sub-contractors and/or agents actively monitors and manages the delivery of Fuel up to the point of delivery and the provision of Services to ensure that it complies with the terms of this Agreement, as well as the Fuel Standards and Requirements and Operations Procedures as it applies to them.
Seller’s Responsibility. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order.
Seller’s Responsibility. During the Delivery Term, Seller shall arrange, schedule and be responsible for electric interconnection, distribution and/or transmission service and any and all costs or charges imposed on or associated with the Products or its delivery of the Products, including electric distribution and/or transmission costs, distribution and/or transmission losses, congestion costs and all risks and costs associated with any distribution and/or transmission outages or curtailment up to and at the Electrical Delivery Point. Seller’s interconnection, distribution, and/or transmission arrangements shall provide for Full Capacity Deliverability Status as of the Initial Delivery Date and throughout the Delivery Term.
Seller’s Responsibility. The Seller agrees to purchase materials based on Buyer’s policy and instruction, using approved vendors at the most favorable prices available. The Seller further agrees to purchase materials in a reasonable quantity to protect lead-time requirements and volume discounts if available and necessary.
