Common use of Unconditional Obligation to Pay Clause in Contracts

Unconditional Obligation to Pay. Subject to the terms of Sections 5.1, 5.2 and 5.3 hereof conditioning GBRA’s payment obligation of Hydro Revenues, the Annual GBRA Payment shall be made by GBRA without set-off, counterclaim, abatement, suspension or diminution, nor shall GBRA be entitled to the abatement of any such payment or any reduction thereof nor shall the obligations of GBRA under this Article V be otherwise affected for any reason, including without limitation, failure of the WCID to perform and observe any agreement, whether expressed or implied, or any duty, liability or obligation arising out of or connected with this Contract, it being the intention of the Parties that the Annual GBRA Payment shall continue to be payable in all events and the obligations of GBRA hereunder shall continue unaffected, unless the requirement to pay the same shall be reduced or terminated pursuant to an express provision of this Contract. If GBRA disputes the amount to be paid to the WCID, GBRA shall nonetheless promptly make payments, and if it is subsequently determined by agreement, regulatory decision, or court decision that such disputed payment should have been less, the Parties will then make proper adjustments so that GBRA will receive credit for its overpayments. Nothing contained in this Section shall be construed to release the WCID from performance of any of the agreements on its part in this Contract, and in the event the WCID shall fail to perform any such agreement, GBRA may seek such relief against the WCID pursuant to Section 10.5 of this Contract as GBRA deems necessary so long as same does not abrogate GBRA’s obligation to make the payments set out in this Section.

Unconditional Obligation to Pay. Subject to the terms of Sections 5.1, 5.2 and 5.3 hereof conditioning GBRA’s payment obligation of Hydro Revenues, the Annual GBRA Payment shall be made by GBRA without set-off, counterclaim, abatement, suspension or diminution, nor shall GBRA be entitled to the abatement of any such payment or any reduction thereof nor shall the obligations of GBRA under this Article V be otherwise affected for any reason, including without limitation, failure of the WCID to perform and observe any agreement, whether expressed or implied, or any duty, liability or obligation arising out of or connected with this Contract, it being the intention of the Parties that the Annual GBRA Payment shall continue to be payable in all events and the obligations of GBRA hereunder shall continue unaffected, unless the requirement to pay the same shall be reduced or terminated pursuant to an express provision of this Contract. If GBRA disputes the amount to be paid to the WCID, GBRA shall nonetheless promptly make payments, and if it is subsequently determined by agreement, regulatory decision, or court decision that such disputed payment should have been less, the Parties will then make proper adjustments so that GBRA will receive credit for its overpayments. Nothing contained in this Section shall be construed to release the WCID from performance of any of the agreements on its part in this Contract, Contract and in the event the WCID shall fail to perform any such agreement, GBRA may seek such relief against the WCID pursuant to Section 10.5 of this Contract as GBRA deems necessary so long as same does not abrogate GBRA’s obligation to make the payments set out in this Section.

Unconditional Obligation to Pay. Subject to the terms of Sections 5.1, 5.2 and 5.3 hereof conditioning GBRA’s payment obligation of Hydro Revenues, the Annual GBRA Payment shall be made by GBRA without set-off, counterclaim, abatement, suspension or diminution, nor shall GBRA be entitled to the abatement of any such payment or any reduction thereof nor shall the obligations of GBRA under this Article V be otherwise affected for any reason, including without limitation, failure of the WCID to perform and observe any agreement, whether expressed or implied, or any duty, liability or obligation arising out of or connected with this Contract, it being the intention of the Parties that the Annual GBRA Payment shall continue to be payable in all events and the obligations of GBRA hereunder shall continue unaffected, unless the requirement to pay the same shall be reduced or terminated pursuant to an express provision of this Contract. If GBRA disputes the amount to be paid to the WCID, GBRA shall nonetheless promptly make payments, and if it is subsequently determined by agreement, regulatory decision, or court decision that such disputed payment should have been less, the Parties will then make proper adjustments so that GBRA will receive credit for its overpayments. Nothing contained in this Section shall be construed to release the WCID from performance of any of the agreements on its part in this Contract, Contract and in the event the WCID shall fail to perform any such agreement, GBRA may seek such 1 Note to Draft: GBRA Minimum Payment in the event of a reduction of hydroelectric revenues under discussion among the parties. relief against the WCID pursuant to Section 10.5 of this Contract as GBRA deems necessary so long as same does not abrogate GBRA’s obligation to make the payments set out in this Section.