Title Transfer. Seller shall cease to have title to, possession of, and risk of loss with respect to liability pursuant to Sections 9.1 (Seller’s Indemnification for Third- Party Claim) and 9.2 (Buyers Indemnification for Third-Party Claim) of Full Requirements Service scheduled and received or delivered hereunder at the Delivery Point(s). Seller warrants that it has good title to the Full Requirements Service sold and delivered hereunder and that it has the right to sell such Full Requirements Service. The word “loss” in this Section 4.6 (Title Transfer) does not encompass electrical transmission and distribution losses. As between Buyer and Seller only, Buyer shall take title to, possession of, and risk of loss with respect to liability pursuant to Sections 9.1 (Seller’s Indemnification for Third-Party Claim) and 9.2 (Buyer’s Indemnification for Third-Party Claim) of Full Requirements Service scheduled and received or delivered hereunder at the Delivery Point(s). Notwithstanding the foregoing, nothing contained in this Agreement is intended to create or increase liability of Buyer to any third party beyond such liability, if any, that would otherwise exist under the PJM Agreements or under applicable law if Buyer had not taken title.
Appears in 7 contracts
Samples: Full Requirements Service Agreement, Full Requirements Service Agreement, Full Requirements Service Agreement
Title Transfer. Seller shall cease to have title to, possession of, and risk of loss with respect to liability pursuant to Sections 9.1 (Seller’s Indemnification for Third- Third-Party Claim) and 9.2 (Buyers Indemnification for Third-Party Claim) of Full Requirements Service scheduled and received or delivered hereunder at the Delivery Point(s). Seller warrants that it has good title to the Full Requirements Service sold and delivered hereunder and that it has the right to sell such Full Requirements Service. The word “loss” in this Section 4.6 (Title Transfer) does not encompass electrical transmission and distribution losses. As between Buyer and Seller only, Buyer shall take title to, possession of, and risk of loss with respect to liability pursuant to Sections 9.1 (Seller’s Indemnification for Third-Third- Party Claim) and 9.2 (Buyer’s Indemnification for Third-Party Claim) of Full Requirements Service scheduled and received or delivered hereunder at the Delivery Point(s). Notwithstanding the foregoing, nothing contained in this Agreement is intended to create or increase liability of Buyer to any third party beyond such liability, if any, that would otherwise exist under the PJM Agreements or under applicable law if Buyer had not taken title.
Appears in 5 contracts
Samples: Full Requirements Service Agreement, Full Requirements Service Agreement, Full Requirements Service Agreement
Title Transfer. Seller shall cease to have title to, possession of, and risk of loss with respect to liability pursuant to Sections 9.1 (Seller’s Indemnification for Third- Third-Party ClaimClaims) and 9.2 (Buyers Indemnification for Third-Party ClaimClaims) of Full Requirements Service scheduled and received or delivered hereunder at the Delivery Point(s). Seller warrants that it has good title to the Full Requirements Service sold and delivered hereunder and that it has the right to sell such Full Requirements Service. The word “loss” in this Section 4.6 (Title Transfer) does not encompass electrical transmission losses and distribution losses. As between Buyer and Seller only, Buyer shall take title to, possession of, and risk of loss with respect to liability pursuant to Sections 9.1 (Seller’s Indemnification for Third-Party ClaimClaims) and 9.2 (Buyer’s Indemnification for Third-Party ClaimClaims) of Full Requirements Service scheduled and received or delivered hereunder at the Delivery Point(s). Notwithstanding the foregoing, nothing contained in this Agreement is intended to create or increase liability of Buyer to any third party beyond such liability, if any, that would otherwise exist under the PJM Agreements or under applicable law if Buyer had not taken title.
Appears in 3 contracts
Samples: Supply Master Agreement, Supply Master Agreement, Supply Master Agreement
Title Transfer. Seller shall cease to have title to, possession of, and risk of loss with respect to liability pursuant to Sections 9.1 (Seller’s Indemnification for Third- Third-Party ClaimClaims) and 9.2 (Buyers Buyer’s Indemnification for Third-Party ClaimClaims) of Full Requirements Long-Term Product Service scheduled and received or delivered hereunder at the Delivery Point(s). Seller warrants that it has good title to the Full Requirements Long-Term Product Service sold and delivered hereunder and that it has the right to sell such Full Requirements Long-Term Product Service. The word “loss” in this Section 4.6 4.3 (Title Transfer) does not encompass electrical transmission and distribution losses. As between Buyer Xxxxx and Seller only, Buyer shall take title to, possession of, and risk of loss with respect to liability pursuant to Sections 9.1 (Seller’s Indemnification for Third-Party ClaimClaims) and 9.2 (Buyer’s Indemnification for Third-Party ClaimClaims) of Full Requirements Long-Term Product Service scheduled and received or delivered hereunder at the Delivery Point(s). Notwithstanding the foregoing, nothing contained in this Agreement is intended to create or increase liability of Buyer to any third party beyond such liability, if any, that would otherwise exist under the PJM Agreements or under applicable law if Buyer had not taken title.
Appears in 1 contract
Samples: Supply Master Agreement