Common use of Separation of Functions Clause in Contracts

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 Parties acknowledge that this Agreement is between Seller and Xxxxx 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 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 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 will 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.