Common use of Xxxx-Xxxxx Act Clause in Contracts

Xxxx-Xxxxx Act. The Parties acknowledge that it is their intent that Net Energy be physically delivered by Seller to the Delivery Point in accordance with the terms of this agreement, and that such delivery is an essential part of the bargain entered into by Buyer pursuant to this agreement. If as a result of this agreement a Party becomes subject to the provisions of the Xxxx-Xxxxx Act (Pub. L. No. 111–203, July 21, 2010) regulating “swaps” (as defined in the Xxxx-Xxxxx Act and implementing regulations), and such statutory provisions or regulations significantly affect the allocation of benefits and burdens reflected in this agreement, the Parties will negotiate to amend this agreement to maintain the balance of benefits to and obligations of the Parties under this agreement. Any such amendment will maintain the requirement that Buyer will compensate Seller for its proportionate share of all costs associated with constructing, owning, operating and maintaining the Project as set forth in this agreement.

Xxxx-Xxxxx Act. The Parties acknowledge that it is their intent that Net Energy be physically delivered by Seller to the Delivery Point in accordance with the terms of this agreement, and that such delivery is an essential part of the bargain entered into by Buyer pursuant to this agreement. If as a result of this agreement a Party becomes subject to the provisions of the Xxxx-Xxxxx Xxxx‐Xxxxx Act (Pub. L. No. 111–203, July 21, 2010) regulating “swaps” (as defined in the Xxxx-Xxxxx Xxxx‐Xxxxx Act and implementing regulations), and such statutory provisions or regulations significantly affect the allocation of benefits and burdens reflected in this agreement, the Parties will negotiate to amend this agreement to maintain the balance of benefits to and obligations of the Parties under this agreement. Any such amendment will maintain the requirement that Buyer will compensate Seller for its proportionate share of all costs associated with constructing, owning, operating and maintaining the Project as set forth in this agreement.