Contract Only, etc Sample Clauses
Contract Only, etc. This Agreement creates a contractual relationship between the Parties and does not give rise to any fiduciary, quasi-fiduciary, partnership or other special relationship that would result in the implication of rights, duties or standards of care or performance other than such rights, duties and standards as would attend a contract between sophisticated commercial parties each represented by separate counsel.
Contract Only, etc. This Agreement creates a contractual relationship between the Parties and does not give rise to any fiduciary, quasi-fiduciary, partnership or other special relationship that would result in the implication of rights, duties or standards of care or performance other than such rights, duties and standards as would attend a contract between sophisticated commercial parties each represented by separate counsel. IN WITNESS WHEREOF, this Agreement has been signed by or on behalf of each of the Parties as of the day first above written. AVISTA CORPORATION By: Name: Title: NORTHWESTERN CORPORATION By: Name: Title:
1. Geosyntec Consultants 2. HDR, Inc. 3. AECOM The undersigned, [●], hereby certifies that [he/she] is the duly elected [●] of NORTHWESTERN CORPORATION, a Delaware corporation (“NorthWestern”), and that [he/she] is authorized to execute this Certificate on behalf of NorthWestern. Pursuant to Section 3.2(a) of that certain Colstrip Units 3&4 Interests Abandonment and Acquisition Agreement, dated as of January 16, 2023 between and AVISTA CORPORATION, a Washington corporation (“Avista”), and NorthWestern (the “Acquisition Agreement”), the undersigned hereby certifies that:
1. the representations and warranties of NorthWestern set forth in Article 5 of the Acquisition Agreement are true, correct and complete as of the date hereof, except in such circumstances as shall not, individually or in the aggregate, have or reasonably be expected to have a Material Adverse Effect;
2. the conditions set forth in Section 3.4 of the Acquisition Agreement have been fulfilled or waived on or before the date hereof; and
3. the covenants of NorthWestern set forth in Article 7 of the Acquisition Agreement have been fulfilled or waived in writing by Avista.
Contract Only, etc. This Agreement creates a contractual relationship between the Parties and does not give rise to any fiduciary, quasi-fiduciary, partnership or other special relationship which would result in the implication of rights, duties or standards of care or performance other than such rights, duties and standards as would attend a contract between sophisticated commercial parties each represented by separate counsel. Except as expressly set forth herein, nothing in this Agreement is intended to limit or abridge PP&L Montana's rights, interests, responsibilities and liabilities as Operator.