Note to Bidders. This indemnity shall remain as uncapped. The Supplier is under a statutory obligation to account for VAT for payments made under the Contract and in the event that the Customer incurs liability as a result of the Supplier’s failure, it should be indemnified to the full extent of that liability. RECOVERY OF SUMS DUE Wherever under this Contract any sum of money is recoverable from or payable by the Supplier, the Customer may unilaterally deduct that sum from any sum then due, or which at any later time may become due to the Supplier under this Contract or under any other Call-Off agreement or other agreement between the Supplier and the Customer. Any overpayment by either Party, whether of the Contract Charges or of VAT or otherwise, shall be a sum of money recoverable by the Party who made the overpayment from the Party in receipt of the overpayment. The Supplier shall make any payments due to the Customer without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Supplier has a valid court order requiring an amount equal to such deduction to be paid by the Customer to the Supplier. All payments due under this Clause 15 due shall be made within thirty (30) days from the date that the Parties agree that the payment is due (unless agreed otherwise) and shall be made in cleared funds, to such bank or building society account as the recipient Party may from time to time direct.
Note to Bidders. The indemnities provided by the Supplier in these Clauses shall remain as unlimited because they are matters over which the Supplier has full control and the potential losses which could be incurred by the Customer for Supplier breach of those Clauses is unquantifiable and could cause serious reputational damage to the Customer Subject to Clauses 37.1, 37.2, 37.4 and 37.6, each Party’s total aggregate liability in respect of all Losses as a result of a default howsoever arising out of or in connection with this Contract shall be limited to: In relation to Losses suffered as a result of a default resulting in direct loss or damage to property (including any technical infrastructure, assets or equipment but excluding any loss or damage to IPR, Customer Data or Customer Personal Data) of the other Party the sum of one million pounds £1,000,000 in each Contract Year in which the default occurred or is occurring unless otherwise stipulated by the Customer in a Further Competition Procedure; and in respect of all other Losses: in relation to Losses suffered as a result of a default occurred or occurring in the first six Months, the greater of the sum of five hundred thousand pounds£500,000 or a sum equal to 200% of the Estimated Contract Charges for the first six Months in relation to Losses suffered as a result of a default occurred or occurring during the remainder of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately preceding the event giving rise to the liability; and in relation to Losses suffered as a result of a default occurred or occurring after the end of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately prior to the end of the Contract Period. Unless a different aggregate limit or percentage is stipulated by the Customer in a Further Competition Procedure.
Note to Bidders. Section 3.1 will be “intentionally omitted” for a Facility that has already been built.]
Note to Bidders. This Agreement is drafted for an on-system battery storage resource. To the extent Seller is proposing an off-system or non-battery storage resource, various provisions will need to be updated (e.g., interconnection point, transmission requirements, scheduling requirements, procurement of charging energy, etc.).
Note to Bidders. To be determined on a Project-by-Project basis. Bidders to propose.
Note to Bidders if a Bidder wishes to propose an end of Term or during Term option for PGE to purchase the Facility, or an option for PGE to extend the Term of the PPA, it should include its proposal here in its xxxx up of the Agreement.
Note to Bidders portions of this Section 6.5 may not be applicable to a non-facility dependent contract]
Note to Bidders. Project-specific insurance requirements will be provided by PacifiCorp to Seller based on the specific details of the proposed Project.
Note to Bidders. If energy is to be delivered to a transmission provider other than the Transmission Provider and wheeled to the Electricity Delivery Point, the Electricity Delivery Point will be at a point of interconnection with the Transmission Provider’s transmission system where the resource can be integrated as a Network Resource.]
Note to Bidders the Parties would agree to a more detailed methodology consistent with this Section 6.1.9
