TAMPERING WITH THE METERING SYSTEM AND THE COMPLEX MONITORING SYSTEM Sample Clauses

TAMPERING WITH THE METERING SYSTEM AND THE COMPLEX MONITORING SYSTEM. (a) The Seller shall not tamper, and shall ensure that its employees, Contractors or subcontractors of any tier do not tamper with the Metering System, the Back-Up Metering System, the Complex Monitoring System and the Meteorological Station. Should the Seller breach the foregoing covenant, the Seller shall:
Sample 1
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TAMPERING WITH THE METERING SYSTEM AND THE COMPLEX MONITORING SYSTEM. The Seller shall not tamper, and shall ensure that its employees, Contractors or subcontractors of any tier do not tamper, with the Metering System, the Complex Monitoring System and the Meteorological Station. Should the Seller breach the foregoing covenant, the Seller shall: (i) take all remediable action reasonably acceptable to the Purchaser to ensure that such tampering does not reoccur, including the development or addition of security systems, and (ii) compensate the Purchaser for two (2) times the amount or reasonably estimated amount of any overpayment by the Purchaser resulting from such tampering, which for purposes of such determination shall be assumed to have occurred immediately after the last known accurate test of the Metering System, the Complex Monitoring System and the Meteorological Station (unless the Seller demonstrates to the reasonable satisfaction of the Purchaser, or it is resolved under Article XVIII, that the tampering did not occur until a later date, in which case such later date shall be used as the reference date for determination of such amount). The Parties have agreed that the amount of such compensation constitutes liquidated damages to the Purchaser for any such breach and, subject to Sections 16.1(h) and Section 16.4, shall be the sole remedy of the Purchaser therefor. The Seller waives, to the fullest extent permitted by law, any and all defenses to its liability to make such payments.
Sample 1
TAMPERING WITH THE METERING SYSTEM AND THE COMPLEX MONITORING SYSTEM. ‌ The Seller shall not tamper, and shall ensure that its employees, Contractors or subcontractors of any tier do not tamper, with the Metering System or the Complex Monitoring System. Should the Seller breach the foregoing covenant, the Seller shall:- (a) Take all remediable action reasonably acceptable to the Purchaser to ensure that such tampering does not recur, including the development or addition of security systems. (b) Compensate the Purchaser by double the amount or reasonably estimated amount of any overpayment by the Purchaser resulting from such tampering, which, for purposes of such determination, shall be assumed to have occurred immediately after the last known accurate test of the Metering System or the Complex Monitoring System (unless the Seller demonstrates to the reasonable satisfaction of the Purchaser, or it is resolved under Article XVIII, that the tampering did not occur until a later date, in which case such later date shall be used as the reference date for determination of such amount). The Parties have agreed that the amount of such compensation constitutes not a penalty but liquidated damages to the Purchaser for any such breach and, subject to Sections 16.1(h) and Section 16.4, shall be the sole remedy of the Purchaser therefor. The Seller waives, to the fullest extent permitted by law, any and all defense(s) to its liability to make such payment(s).
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Related to TAMPERING WITH THE METERING SYSTEM AND THE COMPLEX MONITORING SYSTEM

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