Examples of BEM LP in a sentence
Each party shall be entitled to have a representative present at any test or calibration of the metering equipment, provided, however, that if BEM LP does not send a representative to attend at such test or calibration, then BPUSHA may proceed without being required to re-schedule such test or re-calibration.
Neither BEM LP nor BPUSHA will be liable to the other for any damage or loss resulting from an interruption of production or transmission of electricity caused by an event of Force Majeure pursuant to the terms hereof.
The obligations of BEM LP are limited to the payment of the amounts provided above and BEM LP will have no other obligation to BPUSHA for any other damages, including consequential or indirect damages.
BEM LP shall not sell or assign its rights or obligations under this Agreement to a third party without the prior written consent of BPUSHA, which consent may not be unreasonably withheld.
BPUSHA shall not sell or assign its rights or obligations under this Agreement to a third party without the prior written consent of BEM LP, which consent may not be unreasonably withheld.
Notwithstanding the foregoing, BPUSHA shall be entitled to assign as security its rights under this Agreement provided that any such assignee executes with BEM LP and BPUSHA a collateral assignment agreement on terms and conditions satisfactory to the parties, acting reasonably.
Each of the parties acknowledges that (i) BEM LP is a limited partnership formed under the laws of Ontario, a limited partner of which is liable for any liabilities or losses of the relevant partnership only to the extent of the amount that such limited partner has contributed, or agreed to contribute, to the capital of the relevant partnership and such limited partner’s pro rata share of any undistributed income; (ii) Brookfield Energy Marketing Inc.
Each of BPUSHA and BEM LP shall from time to time execute and deliver all such further documents and instruments and do all acts and things as the other party may reasonably require to effectively carry out or better evidence or perfect the full intent and meaning of this Agreement.
Any demand, notice or communication to be made or given hereunder shall be in writing and may be made or given by personal delivery or by transmittal by telecopier or other electronic means of communication addressed to the respective party as follows: To BPUSHA: 000 Xxxxxx Xxxxx Boulevard, Suite 300 Marlborough, MA 01752 Attention: Secretary Facsimile: (000) 000-0000 To BEM LP: 000 xx xx Xxxx Xxxx.
Should the Energy Revenues for any Month be less than the Fixed Amount for such Month, then BEM LP shall pay BPUSHA an amount equal to the difference between the Fixed Amount and the Energy Revenues (the “Deficiency Amount”).