Title, Possession and Risk of Loss. As between Buyer and Seller, title, possession and control of the gas sold and purchased hereunder shall pass from Buyer to Seller at the Point(s) of Delivery. Prior to delivery, Seller shall be liable for any damages resulting from Seller’s possession of same, except for damages resulting from the gross negligence or willful misconduct of Buyer. Subsequent to delivery, Buyer shall be liable for all damages resulting from Buyer’s ownership and control of same, except for those damages resulting from the gross negligence or willful misconduct of Seller.
Title, Possession and Risk of Loss. (a) Deliveries to the Facility. Title, possession and risk of loss of any or all Feedstock accepted by Fulcrum for use at the Facility shall pass from WCC to Fulcrum, and delivery shall be completed, when such Feedstock is loaded into delivery vehicles at the Delivery Point, subject to Section 2.6.
Title, Possession and Risk of Loss. The title to, possession of and risk of loss, destruction or damage with respect to the Purchased Business and the Transferred Assets shall pass to Purchaser as of the time of Closing; provided, however, that this Section 10.3 -------- ------- shall not diminish, limit or otherwise impair in any manner Purchaser's or Seller's rights under the other provisions of this Agreement or the instruments, agreements, certificates and documents to be executed and delivered in connection herewith that apportion liability among the parties with respect to events, occurrences, omissions or other matters arising or occurring during specific periods.
Title, Possession and Risk of Loss. The title to, possession of and risk of loss, destruction or damage with respect to the Manufacturing Assets shall pass to Purchaser as of the time of Closing; provided, however, that this Section 1.9 shall not diminish, limit or otherwise impair in any manner Purchaser's or Seller's rights under the other provisions of this Agreement or the instruments, agreements, certificates and documents to be executed and delivered in connection herewith that apportion liability among the parties with respect to events, occurrences, omissions or other matters arising or occurring during specific periods.
Title, Possession and Risk of Loss. Subject to the Facilities Operating Agreement, title, possession and risk of loss or destruction or damage to the Acquired Assets shall pass to Transferee at and upon Closing, and Transferee shall take all steps required to take actual possession, operation and control and responsibility for the Acquired Assets on the Closing Date.
Title, Possession and Risk of Loss. Title, possession and risk of loss or destruction or damage to the Assets shall pass to Purchaser at and upon Closing. Purchaser shall take all steps and actions as may be required to take actual possession, operation and control and responsibility for the Assets on the Closing Date.
Title, Possession and Risk of Loss. During a Put Period, SCE shall hold title to, possession of, and risk of loss of the (A) Charging Energy Requirements up to the Energy Delivery Point, and (B) the Energy from the Product after the Energy Delivery Point. During a Put Period, Seller shall have title to, possession of, and risk of loss of the (A) Charging Energy Requirements at and after the Energy Delivery Point, and (B) Energy from the Product up to and at the Energy Delivery Point. Notwithstanding this Section 6.03(c), during a Put Period, Seller shall at all times hold title to the Charging Energy Requirements, excluding electric energy used for a Non-SCE Dispatch, for the benefit of SCE. Local Resource Constrained Days Dispatch. SCE may, in its sole discretion, designate any day during an RA Period as a “Local Resource Constrained Day” or “LRCD”). SCE may not designate more than fifteen (15) days as Local Resource Constrained Days during any calendar year. Seller will use commercially reasonable efforts to change any scheduled outage as needed to accommodate SCE’s LRCD designation. Subject to this Section 6.04, and consistent with the Bid Data provided by SCE, Seller will submit, or cause to be submitted, Bids into the CAISO Day-Ahead Market (“DAM”) and Real-Time Market (“RTM”) in compliance with the Tariff. Further, given that the purpose of SCE’s Bid Data is for the Project to be dispatched by the CAISO in accordance with such Bid Data, Seller must comply with any CAISO requirement beyond Seller’s Bid submittal requirements expressly stated in this Section 6.04, in order to cause the Project to be dispatched in accordance with SCE’s Bid Data. On a Day-Ahead basis, or in accordance with the WECC prescheduling calendar, as applicable, SCE may provide notice to Seller no later than one (1) hour prior to the deadline for submission of Bids into the CAISO DAM (“SCE’s DAM Deadline”) designating the next Trading Day as an LRCD. Such notice may also provide Bid Data that Seller must submit for the Project in the CAISO DAM for the LRCD. To the extent that (i) any portion of the Bid quantity submitted in accordance with this Section 6.04(c) does not clear the DAM, (ii) Seller fails to submit Energy Supply Bids reflecting the Bid Data into the DAM in accordance with the Tariff, or (iii) Seller disregards SCE’s Bid Data instructions for any reason (in any case, such quantities that were not submitted or cleared being the “Outstanding Bid Quantity”), Seller must submit the Outstanding Bid Quantity ...
Title, Possession and Risk of Loss. (a) Feedstock. Title, possession and risk of loss of any or all Feedstock accepted by Fulcrum for use at the Facility (including any non-conforming material which Fulcrum chooses to accept for processing) shall pass from Supplier to Fulcrum, and delivery shall be completed, when such Feedstock is unloaded from the delivery vehicle at the Delivery Point, subject to Sections 2.6 and 2.8. If Fulcrum is in possession of Rejected Materials, title and risk of loss to such Rejected Materials shall not pass to Fulcrum at the Delivery Point but shall at all times remain with Supplier, and Supplier shall be solely responsible for the handling, loading, transportation and disposal of such Rejected Materials following identification and segregation by Fulcrum. Such Rejected Materials shall be returned to Supplier at the Facility, unless Supplier and Fulcrum agree otherwise. Supplier shall reimburse Fulcrum (within forty-five (45) Days after receipt of an invoice) for Fulcrum’s reasonable costs and expenses relating to the handling of (and, if any, the loading, transportation and disposal of) any Rejected Materials (but not including any costs associated with the front-end sorting/shredding systems operated by Fulcrum).
Title, Possession and Risk of Loss. Title, possession and risk of loss or destruction or damage to the Contributed Assets shall pass to Ascent at and upon Closing. Ascent shall take all steps and actions as may be required to take actual possession, operation and control and responsibility for the Contributed Assets at the Closing.
Title, Possession and Risk of Loss
