Separation of Functions. The Parties acknowledge that this Agreement is between (a) Seller and (b) Buyer acting solely in its merchant function. The Parties further acknowledge that they have no rights against each other or obligations to each other under this Agreement with respect to any relationship between the Parties in which PG&E is acting in its capacity as Participating Transmission Owner, including orders or instructions relating to Electric System Upgrades and/or Curtailment Periods.
Separation of Functions. The Parties acknowledge that this Agreement is between Seller and Xxxxx acting solely in its merchant function. The Parties further acknowledge that they have no rights against each other or obligations to each other under this Agreement with respect to any relationship between the Parties in which PG&E is acting in its capacity as Participating TO or Utility Distribution Company. Buyer is not responsible for or liable in any way under this Agreement for any delay in the Initial Delivery Date owing to electric interconnection, transmission or distribution service or inability to obtain retail electric service for the Project, and Seller’s non-performance of any provision of this Agreement shall not be excused for a failure of electric interconnection, transmission or distribution service, or for an inability to obtain retail electric service for the Project, regardless of whether PG&E is the (A) Participating TO or (B) Utility Distribution Company for the Project.
Separation of Functions. The Participant acknowledged and agrees that any actions or any notice delivered pursuant to this Agreement shall not be deemed to be notice for any other purpose, including any obligation to take action or to provide notice to the IESO pursuant to the IESO Market Rules.
Separation of Functions. This Agreement is between (1) Seller and (2) Buyer (as defined herein). PG&E is required to maintain the separation of its transmission and merchant functions pursuant to FERC’s Standards of Conduct. Accordingly, the Parties acknowledge that the Parties have no rights against each other or obligations to each other under this Agreement with respect to any relationship between the Parties in which PG&E is acting in its capacity as an owner or provider of electrical interconnection or transmission service or as a Gas local distribution company. Thus, whether or not the Units are interconnected to electrical and/or gas transmission systems that are owned or operated by PG&E, Seller’s arrangements for interconnection and transmission must be made with its interconnecting transmission provider (which may be PG&E in its capacity as a transmission provider) and, except for setting forth the rights and obligations of the Seller to construct, and/or cause to be constructed, and maintain metering facilities, Electrical Interconnection Facilities, Transmission Upgrades [and Gas Interconnection Facilities] (in each case in accordance with the requirements of its interconnecting electric [or gas] transmission provider(s) or transmission owner(s), as applicable) and arrange for [supply and transportation of Gas from the Gas Delivery Point to the Units and] transmission of Energy and Other Products (to the extent applicable) to and at the Electrical Delivery Point, this Agreement conveys no rights or obligations with respect to electrical interconnection and transmission [or Gas interconnection or transportation]. If, in accordance with the applicable tariffs, rules, or agreements governing Seller’s arrangements for Transmission Upgrades [or upgrades to the Gas delivery system], Seller is entitled to receive a credit, repayment or other rights or privileges as a result of funding the Transmission Upgrades [or upgrades to the Gas delivery system], nothing in this Agreement shall impair or prohibit Seller from retaining those credits, repayments, rights or privileges for its use and benefit. Regardless of whether PG&E owns or operates the interconnecting transmission system, under no circumstances will PG&E in its capacity as a Buyer under this Agreement be responsible for Seller’s interconnection arrangements or costs nor any credit, repayment or other rights or privileges due to Seller as a result of its funding of the Transmission Upgrades [or upgrades to the Gas delive...
Separation of Functions. (a) Nothing in this Agreement is intended to abrogate, limit, amend or modify the terms of any other agreement between Seller and SCE, including any interconnection agreement or tariff, and no breach under such other agreement shall excuse a Party’s nonperformance under this Agreement, unless the breach of such other agreement is also an Event of Default under this Agreement.
Separation of Functions. The Parties acknowledge that this Agreement is between Seller and Buyer acting solely in its merchant function. The Parties further acknowledge that they have no rights against each other or obligations to each other under this Agreement with respect to any relationship between the Parties in which PG&E is acting in its capacity as (a) Participating TO, including interconnection arrangements and orders or instructions relating to Electric System Upgrades or (b) provider of retail electric service to the Project [as applicable:; or (c) an owner or provider as a Gas LDC or in-state pipeline]. Buyer is not responsible for or liable in any way for any delay in the Initial Delivery Date owing to electric interconnection or transmission service or inability to obtain retail electric service for the Project, and Seller’s non-performance of any provision of this Agreement shall not be excused.
Separation of Functions. You must ensure that the decision in a pro- ceeding to remove a firm’s eligibility is made by an office and personnel that did not take part in actions leading to or seeking to implement the proposal to remove the firm’s eligibility and are not subject, with respect to the matter, to direction from the office or per- sonnel who did take part in these ac- tions.
Separation of Functions. The Parties acknowledge that they have no rights against each other or obligations to each other under this Agreement with respect to any relationship between the Parties in which SCE is acting in its capacity as an owner or provider of electrical interconnection, transmission, or distribution service or equipment, and that this Agreement conveys no rights or obligations with respect to electrical interconnection, transmission, or distribution service or equipment. The Parties further acknowledge that SCE is not responsible for or liable in any way for any delay or failure by Seller to achieve the Initial Delivery Date by the Expected Initial Delivery Date or Initial Delivery Deadline, as applicable, related to electrical interconnection, transmission, or distribution service or equipment, and Seller’s non-performance of any provision of this Agreement shall not be excused to any greater extent due to any action or inaction of SCE in its capacity as an owner or provider of electrical interconnection, transmission, or distribution service or equipment than it would be if the non-performance were due to any action or inaction of a person other than SCE. DISPUTES Dispute Resolution. Other than requests for provisional relief under Section 12.04 (Provisional Relief), any and all Disputes which the Parties have been unable to resolve by informal methods after undertaking a good faith effort to do so, must first be submitted to mediation under the procedures described in Section 12.02 (Mediation), and if the matter is not resolved through mediation, then for final and binding arbitration under the procedures described in Section 12.03 (Arbitration). The Parties agree that there will be no interlocutory appellate relief (such as writs) available. Any Dispute resolution process pursuant to this Article 12 (Disputes) shall be commenced within one (1) year of the date of the occurrence of the facts giving rise to the Dispute, without regard to the date such facts are discovered; provided, if the facts giving rise to the Dispute were not reasonably capable of being discovered at the time of their occurrence, then such one (1) year period shall commence on the earliest date that such facts were reasonably capable of being discovered, and in no event more than four (4) years after the Dispute occurred. If any Dispute resolution process pursuant to this Article 12 with respect to a Dispute is not commenced within such one (1) year time period, such Dispute shall be barr...
Separation of Functions. If a business with two functions within the JPMC group would lead to conflicts of interest, it may separate the functions into two separately managed businesses or ensure that they are managed by different senior members of staff.
Separation of Functions. The Parties acknowledge that this Shown Agreement is between Provider acting solely in its capacity as a load serving entity and PG&E acting solely in its capacity as a Central Procurement Entity. The Parties further acknowledge that they have no rights against each other or obligations to each other under this Shown Agreement with respect to any relationship between the Parties in which PG&E is acting in any capacity other than a Central Procurement Entity, including as a load serving entity, Participating TO or Utility Distribution Company. PG&E is not responsible for or liable in any way under this Shown Agreement for any delay owing to electric interconnection, transmission or distribution service or inability to obtain retail electric service for the Project, and Provider’s non-performance of any provision of this Shown Agreement shall not be excused for a failure of electric interconnection, transmission or distribution service, or for an inability to obtain retail electric service for the Project, regardless of whether PG&E is the (A) Participating TO or (B) Utility Distribution Company for the Project.
