Title and Risk of Loss of Net Output. Seller warrants that all Product delivered to PacifiCorp shall be free and clear of all liens, claims and encumbrances of any nature or kind. Title to and risk of loss of all Net Output and Discharging Energy shall transfer from Seller to PacifiCorp upon its delivery to PacifiCorp at the Point of Delivery. Seller shall be in exclusive control of, and responsible for, any damage or injury caused by, all Output and Discharging Energy up to and at the Point of Delivery. PacifiCorp shall be in exclusive control of, and responsible for, any damages or injury caused by, Net Output and Discharging Energy after the Point of Delivery.
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Title and Risk of Loss of Net Output. Seller warrants that all Product delivered to PacifiCorp shall be free and clear of all liens, claims and encumbrances of any nature or kind. Title to and risk of loss of all Net Output and Discharging Energy shall transfer from Seller to PacifiCorp upon its delivery to PacifiCorp at the Point of Delivery. Seller shall be in exclusive control of, and responsible for, any damage or injury caused by, all Output and Discharging Energy up to and at the Point of Delivery. PacifiCorp shall be in exclusive control of, and responsible for, any damages or injury caused by, Net Output and Discharging Energy after the Point of Delivery.
Appears in 2 contracts
