Common use of Performance, Title & Delivery Clause in Contracts

Performance, Title & Delivery. With respect to each transaction hereunder, during the applicable Period of Delivery, Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, Capacity and Buyer shall pay Seller the Capacity Price therefor. Seller shall be responsible for any costs or charges imposed on or liabilities and risks of loss associated with the possession, transmission and delivery of the Capacity up to and including the Delivery Point (which shall be where title to the Capacity shall pass) and Buyer shall be responsible for any costs or charges imposed on or liabilities and risks associated with possession of and transmission of the Capacity after the Delivery Point for so long as title to the product is held by Buyer. Seller warrants good and marketable title to the Capacity delivered hereunder and agrees to indemnify and hold harmless Buyer from all claims, liabilities, taxes, and damages arising in relation or respect to the Capacity for so long as title to the Capacity is held by Seller. ▇▇▇▇▇ agrees to indemnify and hold harmless Seller from all claims, liabilities, taxes, and damages arising in relation or respect to the Product for so long as title to the Capacity is held by ▇▇▇▇▇.

Performance, Title & Delivery. With During each applicable Period of Delivery with respect to each transaction hereunder, during the applicable Period of DeliveryTransaction, Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, Capacity and Buyer shall pay Seller Capacity, subject to the Capacity Price thereforprovisions of this Confirmation Agreement. Seller shall be responsible for any costs or charges imposed on or liabilities and risks of loss associated with the possession, transmission and delivery of the Capacity up to and including the Delivery Point (which shall be where title to the Capacity shall pass) and Buyer shall be responsible for any costs or charges imposed on or liabilities and risks associated with possession of and transmission of the Capacity after the Delivery Point for so long as title to the product Product is held by Buyer. Seller warrants good and marketable title to the Capacity delivered hereunder and agrees to indemnify and hold harmless Buyer from all claims, liabilities, taxes, and damages arising in relation or respect to the Capacity for so long as title to the Capacity Product is held by Seller. ▇▇▇▇▇ Buyer agrees to indemnify and hold harmless Seller from all claims, liabilities, taxes, and damages arising in relation or respect to the Product for so long as title to the Capacity is held by ▇▇▇▇▇Buyer.

Performance, Title & Delivery. With respect to each transaction hereunder, during the applicable Period of Delivery, Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, Capacity and Buyer shall pay Seller the Capacity Price therefor. Seller shall be responsible for any costs or charges imposed on or liabilities and risks of loss associated with the possession, transmission and delivery of the Capacity up to and including the Delivery Point (which shall be where title to the Capacity shall pass) and Buyer shall be responsible for any costs or charges imposed on or liabilities and risks associated with possession of and transmission of the Capacity after the Delivery Point for so long as title to the product is held by Buyer. Seller warrants good and marketable title to the Capacity delivered hereunder and agrees to indemnify and hold harmless Buyer from all claims, liabilities, taxes, and damages arising in relation or respect to the Capacity for so long as title to the Capacity is held by Seller. ▇▇▇▇▇ Buyer agrees to indemnify and hold harmless Seller from all claims, liabilities, taxes, and damages arising in relation or respect to the Product for so long as title to the Capacity is held by ▇▇▇▇▇Buyer.