Risk Allocation. The Product is Regulatorily Continuing.
Risk Allocation. This Agreement allocates the risks between SAP and Customer in relation to the SAP Training and Adoption PlusPackage. The PlusPackage Fee reflects this allocation of risk and limitations of liability.
Risk Allocation. Each Party agrees that the Fees charged under this Agreement reflect the allocation of risk between the Parties, including the disclaimer of warranties in Section 3.5(a) and the limitations on liability in Section 7.1. Modifying the allocation of risk from what is stated here would affect the Fees that each Party charges, and in consideration of those Fees, each Party agrees to the stated allocation of risk.
Risk Allocation. This Agreement allocates the risks between SAP and Customer in relation to the SAP Training and Adoption Preferred Card. The Preferred Card Fee reflects this allocation of risk and limitations of liability.
Risk Allocation. The Product is not Regulatorily Continuing.
Risk Allocation. The representations, warranties, covenants and agreements made herein, together with the indemnification provisions herein, are intended among other things to allocate the economic cost and the risks inherent in the transactions contemplated hereby between the Parties and, accordingly, a Party shall be entitled to the indemnification or other remedies provided in this Agreement by reason of any breach of any such representation, warranty, covenant or agreement by another Party notwithstanding whether any employee, representative or agent of the Party seeking to enforce a remedy knew or had reason to know of such breach and regardless of any investigation by such Party.
Risk Allocation. The Agreement allocates the risks between SAP and Partner. The fees for the SAP Product reflect this allocation of risk and limitations of liability.
Risk Allocation. The Product is: Regulatorily Continuing. Check only if applicable; if checked, “as of the Trade Date” in the proceeding representation is replaced with “as of the Delivery Date”. Unit Contingent (only check if applicable) Generation Contingent (only check if applicable) The parties agree to the Transaction set forth herein. [Seller] [Buyer] Signed:________________________ Signed:_____________________________ Name:_________________________ Name:______________________________ [Remainder may be deleted.] Continue to Part B, as applicable. Use additional sheets as necessary Exhibit A / Part B – Renewable Energy Certificate Disclosure Document for Delivery number (corresponding to Delivery numbers specified in Part A) If the transaction entails multiple REC Deliveries, fill out a separate Part B for each Delivery. All specifications and claims described here in Part B refer only to the specified Delivery.
Risk Allocation. In recognition and equitable allocation of relative risks and benefits of the Project, CLIENT limits the total aggregate liability of J-U-B and its employees and consultants, whether in tort or in contract, for any cause of action, as follows: 1) for insured liabilities, to the amount of insurance then available to fund any settlement , award, or verdict, or 2) if no such insurance coverage is held or available with respect to the cause of action, twenty five thousand dollars ($25,000.00) or one hundred percent (100%) of the fee paid to J-U-B under this Agreement, whichever is less. J-U-B shall provide certificates evidencing insurance coverage at the request of the CLIENT. For purposes of this section, attorney fees, expert fees and other costs incurred by J-U-B, its employees, consultants, insurance carriers in the defense of such claim shall be included in calculating the total aggregate liability. The CLIENT agrees that J-U-B is not responsible for damages arising directly or indirectly from any delays for causes beyond J-U-B’s control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; emergencies or acts of God; failure of any government agency or other third party to act in a timely manner; failure of performance by the CLIENT or the CLIENT’s contractors or consultants; or discovery of any hazardous substance or differing site conditions. In addition, if the delays resulting from any such causes increase the cost or time required by J-U-B to perform its Services in an orderly and efficient manner, J-U-B shall be entitled to an equitable adjustment in schedule and compensation. Notwithstanding any other provision contained within this Agreement, nothing shall be construed so as to void, vitiate, or adversely affect any insurance coverage held by either party to this Agreement. The CLIENT further agrees that, to the fullest extent permitted by law, no shareholder, officer, director, or employee of J-U-B shall have personal liability under this Agreement, or for any matter in connection with the professional services provided in connection with the Project. Neither CLIENT nor J-U-B shall be responsible for incidental, indirect, or consequential damages.
Risk Allocation. The Product is: Regulatorily Continuing. Check only if applicable; if checked, “as of the Trade Date” in the proceeding representation is replaced with “as of the Delivery Date”. Unit Contingent (only check if applicable) Generation Contingent (only check if applicable) The parties agree to the Transaction set forth herein. [Seller] [Buyer] Signed:________________________ Signed:_____________________________ Name:_________________________ Name:______________________________ [Remainder may be deleted.] Continue to Part B, as applicable. Use additional sheets as necessary. Annex to Part B ** Planning models, dispatch models, E-grid, etc. ◊◊ For example landfill gas methane capture or other Renewable Energy Source that creates direct emissions reductions. ♦♦ If Environmental Attribute Verification has not occurred, enter planned future date of Verification. This written form must be finalized and sent to both Parties no later than ten days following completion the future Verification. Unless otherwise agreed, Seller is responsible for the costs of Verification up to the REC Delivery Date with the Buyer responsible for Verification post-Delivery, the Seller retains responsibility to offer reasonable assistance to the Buyer as set forth in the Agreement.
