Common use of Beneficiary Party Clause in Contracts

Beneficiary Party. Both of the Parties are the beneficiaries of the Conditions Precedent set forth in Sections 2.3(a), 2.3(b)(i)-(ii) [Others], and in order for a waiver of non-satisfaction of such Conditions Precedent to be effective, both of the Parties must waive (in their sole discretion) non-satisfaction by the deadline date therefor. Buyer shall be the sole beneficiary of the Conditions Precedent set forth in Sections [List], and in order for a waiver of non-satisfaction of such Conditions Precedent to be effective, Buyer alone must waive (in its sole discretion) non-satisfaction by the deadline date therefor. Seller shall be the sole beneficiary of the Conditions Precedent set forth in Sections 2.3(b)(iii) [Others], and in order for a waiver of non-satisfaction of such Conditions Precedent to be effective, Seller alone must waive (in its sole discretion) non-satisfaction by the deadline date therefor.

Appears in 7 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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Beneficiary Party. Both of the Parties are the beneficiaries of the Conditions Precedent set forth in Sections 2.3(a), 2.3(b)(i)-(ii) Section [Others_______], and in order for a waiver of non-satisfaction of such Conditions Precedent to be effective, both of the Parties must waive (in their sole discretion) non-satisfaction by the deadline date therefor. Buyer shall be the sole beneficiary of the Conditions Precedent Precedents set forth in Sections [List]2.4.1 and 2.4.2, and in order for a waiver of non-satisfaction of such Conditions Precedent to be effective, Buyer alone must waive (in its sole discretion) non-satisfaction by the deadline date therefor. Seller shall be the sole beneficiary of the Conditions Precedent Precedents set forth in Sections 2.3(b)(iii) [Others]Section 2.4.3, and in order for a waiver of non-satisfaction of such Conditions Precedent to be effective, Seller alone must waive (in its sole discretion) non-satisfaction by the deadline date therefor.

Appears in 1 contract

Samples: Energy Storage System Power Purchase Tolling Agreement

Beneficiary Party. Both of the Parties are the beneficiaries of the Conditions Precedent set forth in Sections 2.3(a), 2.3(b)(i)-(ii) Section [Others_______], and in order for a waiver of non-satisfaction of such Conditions Precedent to be effective, both of the Parties must waive (in their sole discretion) non-satisfaction by the deadline date therefor. Buyer shall be the sole beneficiary of the Conditions Precedent Precedents set forth in Sections [List]2.4.1 and 2.4.2, and in order for a waiver of non-satisfaction of such Conditions Precedent to be effective, Buyer alone must waive (in its sole discretion) non-satisfaction by the deadline date therefor. Seller shall be the sole beneficiary of the Conditions Precedent Precedents set forth in Sections 2.3(b)(iii) [Others]2.4.3, and in order for a waiver of non-satisfaction of such Conditions Precedent to be effective, Seller alone must waive (in its sole discretion) non-satisfaction by the deadline date therefor.

Appears in 1 contract

Samples: Power Purchase Tolling Agreement

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Beneficiary Party. Both of the Parties are the beneficiaries of the Conditions Precedent set forth in Sections 2.3(a), 2.3(b)(i)-(ii) [Others]Section 2.4.2, and in order for a waiver of non-satisfaction of such Conditions Precedent to be effective, both of the Parties must waive (exercisable in their sole discretion) non-satisfaction by the deadline date therefor. Buyer shall be the sole beneficiary of the Conditions Precedent set forth in Sections [List]Section 2.4.1, and in order for a waiver of non-satisfaction of such Conditions Precedent to be effective, Buyer alone must waive (exercisable in its sole discretion) non-satisfaction by the deadline date therefor. Seller shall be the sole beneficiary of the Conditions Precedent Precedents set forth in Sections 2.3(b)(iii) [Others]Section 2.4.3, and in order for a waiver of non-satisfaction of such Conditions Precedent to be effective, Seller alone must waive (exercisable in its sole discretion) non-satisfaction by the deadline date therefor.

Appears in 1 contract

Samples: Energy Storage Power Purchase Agreement

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