Common use of Eligible Recipients Clause in Contracts

Eligible Recipients. The Eligible Recipients not Controlled by TXU as of the Master Agreement Effective Date are set forth on Exhibit 10. Upon TXU's request, Vendor shall provide the Services to Eligible Recipients, provided that Eligible Recipients that are not Controlled by TXU agree with TXU to be bound by the terms of this Agreement. For purposes of this Agreement, Services provided to an Eligible Recipient shall be deemed Services provided to TXU. To the extent an Eligible Recipient is, or was at any time during the Term, receiving Services, (1) references to TXU shall include such Eligible Recipient (including for purposes of the business, operations, policies, procedures, rules, standards and the like of TXU and the indemnities under this Agreement), (2) references to Services being performed for or provided to, or received by or used by, TXU shall include the performance of such Services for and provision of such Services to, and the receipt of and use of such Services by, such Eligible Recipient and (3) TXU shall be responsible for such Eligible Recipient's compliance with this Agreement. Notwithstanding the immediately preceding sentence, Eligible Recipients are neither authorized to direct or instruct Vendor nor to act for or on behalf of TXU (including by providing notices, approvals, consents, waivers or the like), in each case unless TXU has notified Vendor that an Eligible Recipient is so authorized. Vendor will not be liable for any failure to act (or any delay associated therewith) in any circumstance where TXU has failed to properly authorize such action in accordance with the preceding sentences. Without limiting the generality of the foregoing, in all circumstances under this Agreement, TXU will be Vendor's sole point of contact regarding the Services.

Eligible Recipients. The Eligible Recipients not Controlled by TXU as of the Master Agreement Effective Date are set forth on Exhibit 10. Upon TXU's request, Vendor Supplier shall provide the Services to Eligible Recipients designated by Triad. To the extent a designated Eligible Recipient will receive less than all of the Services, Triad shall identify the categories of Services to be provided by Supplier to such Eligible Recipient. Upon Triad’s request pursuant to subparagraph (ii) below, Supplier will provide Services to new Eligible Recipients, provided that such new Eligible Recipients that are not Controlled by TXU Triad agree with TXU Triad to be bound by the [**] Certain confidential information contained in this document, marked by [**], has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. terms of this Agreement. For purposes of this Agreement, Services provided to an Eligible Recipient shall be deemed Services provided to TXU. To the extent an Eligible Recipient is, or was at any time during the Term, receiving Services, (1) references to TXU shall include such Eligible Recipient (including for purposes of the business, operations, policies, procedures, rules, standards and the like of TXU and the indemnities under this Agreement), (2) references to Services being performed for or provided to, or received by or used by, TXU shall include the performance of such Services for and provision of such Services to, and the receipt of and use of such Services by, such Eligible Recipient and (3) TXU shall be responsible for such Eligible Recipient's compliance with this Agreement. Notwithstanding the immediately preceding sentenceforegoing, Eligible Recipients are neither authorized to direct or instruct Vendor Supplier nor to act for or on behalf of TXU Triad (including by providing notices, approvals, consents, waivers or the like), in each case unless TXU Triad has notified Vendor Supplier that an Eligible Recipient is so authorized. Vendor Without limiting its obligations otherwise applicable under this Agreement, Supplier will not be liable for any failure to act (or any delay associated therewiththerewith (including any failure to perform its obligations under this Agreement) in any circumstance where TXU has failed such failure or delay results from Triad’s failure to either (i) to designate an Eligible Recipient for Supplier under this Agreement, or (ii) properly authorize such action an Eligible Recipient to provide required direction or instructions to Supplier, provided that Supplier shall have acted reasonably under the circumstances, including by timely communicating inquiries and requirements of Eligible Recipients to Triad and generally acting in a manner consistent with Section 10.2 and in accordance with the preceding sentences. Without limiting procedures in the generality Policy and Procedures Manual; provided that to the extent of Supplier’s action consistent with the foregoing, in all circumstances Triad shall reimburse the Supplier its Out-of-Pocket Expenses and non-de minimis additional labor charges (consistent with the Charges under this Agreement) incurred in such effort, TXU will be Vendor's sole point provided that (A) to the extent practical Supplier notifies Triad of contact regarding such additional incremental charges and expenses prior to incurring the Servicessame, and (B) Supplier uses commercially reasonable efforts to minimize such costs.

Eligible Recipients. The Eligible Recipients not Controlled by TXU Oncor as of the Master Agreement Effective Date are set forth on Exhibit 10. Upon TXUOncor's request, Vendor shall provide the Services to Eligible Recipients, provided that Eligible Recipients that are not Controlled by TXU Oncor agree with TXU Oncor to be bound by the terms of this Agreement. For purposes of this Agreement, Services provided to an Eligible Recipient shall be deemed Services provided to TXUOncor. To the extent an Eligible Recipient is, or was at any time during the Term, receiving Services, (1) references 1)references to TXU Oncor shall include such Eligible Recipient (including Recipient(including for purposes of the business, operations, policies, procedures, rules, standards and the like of TXU Oncor and the indemnities under this Agreement), (2) references to Services being performed for or provided to, or received by or used by, TXU Oncor shall include the performance of such Services for and provision of such Services to, and the receipt of and use of such Services by, such Eligible Recipient and (3) TXU Oncor shall be responsible for such Eligible Recipient's compliance with this Agreement. Notwithstanding the immediately preceding sentence, Eligible Recipients are neither authorized to direct or instruct Vendor nor to act for or on behalf of TXU Oncor (including by providing notices, approvals, consents, waivers or the like), in each case unless TXU Oncor has notified Vendor that an Eligible Recipient is so authorized. Vendor will not be liable for any failure to act (or act(or any delay associated therewith) in any circumstance where TXU Oncor has failed to properly authorize such action in accordance with the preceding sentences. Without limiting the generality of the foregoing, in all circumstances under this Agreement, TXU Oncor will be Vendor's sole point of contact regarding the Services.

Eligible Recipients. The Eligible Recipients not Controlled by TXU as of the Master Agreement Effective Date are set forth on Exhibit 10. Upon TXU's TXUED’s request, Vendor shall provide the Services to Eligible RecipientsRecipients at Charges determined in accordance with Exhibit 11, provided that Eligible Recipients that are not Controlled by TXU TXUED agree with TXU TXUED to be bound by the terms of this Agreement. Upon Vendor’s reasonable request, Eligible Recipients shall execute a written instrument, in a form reasonably requested by Vendor, in favor of Vendor agreeing to be bound by the terms of this Agreement. For purposes of this Agreement, Services provided to an Eligible Recipient shall be deemed Services provided to TXUTXUED. To the extent an Eligible Recipient is, or was at any time during the Term, receiving Services, (1) references to TXU TXUED shall include such Eligible Recipient (including for purposes of the business, operations, policies, procedures, rules, standards and the like of TXU TXUED and the indemnities under this Agreement), (2) references to Services being performed for or provided to, or received by or used by, TXU TXUED shall include the performance of such Services for and provision of such Services to, and the receipt of and use of such Services by, such Eligible Recipient and (3) TXU TXUED shall be responsible for such Eligible Recipient's ’s acts and omissions in connection with this Agreement, including compliance with this Agreement. Notwithstanding the immediately preceding sentence, Eligible Recipients are neither authorized to direct or instruct Vendor nor to act for or on behalf of TXU TXUED (including by providing notices, approvals, consents, waivers or the like), in each case unless TXU TXUED has notified Vendor that an Eligible Recipient is so authorized. Vendor will not be liable for any failure to act (or any delay associated therewith) in any circumstance where TXU TXUED has failed to properly authorize such action in accordance with the preceding sentences. Without limiting the generality of the foregoing, in all circumstances under this Agreement, TXU TXUED will be Vendor's ’s sole point of contact regarding the Services.