RISK OF LOSS AND INDEMNITY. Customer will be deemed to be in exclusive control and responsible for any damages or injury caused thereby of the electric power after receipt at the Customer’s meter. Customer shall indemnify, defend, and hold harmless Company from all claims for any loss, damage, or injury to persons or property, including without limitation, all consequential, exemplary, or punitive damages arising from or related to any act or incident occurring after title to the electricity has passed to Customer.
RISK OF LOSS AND INDEMNITY. For the purposes of Section 2.1 of the Agreement, EMMT shall act solely as MW Gen's agent with respect to all Com Ed Transactions.
RISK OF LOSS AND INDEMNITY. 3.1 The risk of loss of the Vessels or any damage thereto shall be with Buyer from and after the date hereof.
RISK OF LOSS AND INDEMNITY. Customer will be deemed to be in exclusive control and responsible for any damages or injury caused thereby of the electric power after receipt at the meter at a Customer Facility. Customer shall indemnify, defend, and hold harmless Company from all claims for any loss, damage, or injury to persons or property, including without limitation, all consequential, exemplary, or punitive damages arising from or related to any act or incident occurring after title to the electricity has passed to Customer. Company shall indemnify, defend, and hold harmless Customer from all claims for any loss, other than lost profits, direct damages, or injuries to person or property arising from or related to any act or incident occurring before title to the electricity has passed to Customer’s TDU.
RISK OF LOSS AND INDEMNITY. As between the Parties, Seller shall be deemed to be in exclusive control (and responsible for any damages or injury caused thereby) of Gas from and afterat the GDP and the Electricity prior to and at the EDP, and Buyer shall be deemed to be in exclusive control (and responsible for any damages or injury caused thereby) of Gas prior to and at the GDP and the Electricity from and after the EDP. Buyer covenants that it will deliver to the Seller Gas free and clear of all Claims and Encumbrances arising prior to or at the GDP. Seller covenants that it will deliver to Buyer the Electricity free and clear of all Claims and Encumbrances arising prior to or at the EDP’s. Title to and risk of loss related to the Electricity shall transfer from Seller to Buyer at the EDP. Title to and risk of loss related to Gas shall transfer from Buyer to Seller at the GDP. Seller and Buyer shall each indemnify, defend, and hold harmless the other Party (including its directors, officers, agents, employees and shareholders) from any Claims arising from any act or incident occurring when risk of loss to Gas or the Electricity is in the control of the indemnifying Party except to the extent the Claim arose out of or is the result of the indemnified Party’s gross negligence or willful misconduct.
RISK OF LOSS AND INDEMNITY. Title to the natural gas shall pass from NAP to you at your NGDC’s designated city gate, and shall constitute the point at which title transfers and the sale occurs. You acknowledge that NAP does not have care, control, or custody of your property or premises, or of any pipelines, including, but not limited to, points of access, or the meter located on or near your premises. You further acknowledge that you are in exclusive control (and are responsible for any damages or injuries caused thereby) of any natural gas at and from such access points. YOU SHALL INDEMNIFY, DEFEND, AND HOLD NAP HARMLESS FROM ANY CLAIMS, INCLUDING CLAIMS FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND ATTORNEYS’ FEES, ARISING FROM ANY ACT OR INCIDENT OCCURRING WHEN TITLE TO NATURAL GAS SERVICE IS DEEMED TO BE IN THE EXCLUSIVE CONTROL OF THE CUSTOMER, DESPITE OUR NEGLIGENCE OR STRICT LIABILITY. CHOICE OF LAW: This Agreement will be governed by applicable federal law and the laws of New Jersey, without regard to its conflict of law principles. UCC: Except as otherwise provided for in this Agreement, the provisions of the Uniform Commercial Code (“UCC”) of New Jersey shall govern this Agreement and natural gas shall be deemed a “good” for purposes of the UCC.
RISK OF LOSS AND INDEMNITY. As between the Parties, ESI shall be deemed to be in exclusive possession and control (and responsible for any damages or injury resulting therefrom or caused thereby) of the Gas and fuel oil required to be supplied by ESI prior to the Delivery Point therefor and the Energy after the Delivery Point therefor, and Seller shall be deemed to be in exclusive possession and control (and responsible for any damages or injury resulting therefrom or caused thereby) of such Gas and fuel oil at and from the Delivery Point therefor and the Energy prior to and at the Delivery Point therefor. Risk of loss related to such Gas and fuel oil shall transfer from ESI to Seller at the Delivery Point therefor and risk of loss related to the Energy shall transfer from Seller to ESI at the Delivery Point therefor. ESI shall indemnify, defend and hold harmless Seller from and against any liabilities arising out of or in any way relating to ESI’s possession or control of the Gas and fuel oil up to the Delivery Point or its possession and control of the Energy after the Delivery Point therefor, and Seller shall indemnify, defend and hold harmless ESI from and against any liabilities arising out of or in any way relating to Seller’s possession or control of the Gas and fuel oil at and from the Delivery Point therefor or its possession and control of the Energy prior to and at the Delivery Point therefor.
RISK OF LOSS AND INDEMNITY. As between the Parties, Buyer shall be deemed to be in exclusive possession and control (and responsible for any damages or injury, including death, resulting therefrom or caused thereby) of the Gas and fuel oil required to be supplied by Buyer prior to the Delivery Point therefor and the energy and Other Associated Electric Products associated with the Purchased Capacity after the Delivery Point therefor, and Seller shall be deemed to be in exclusive possession and control (and responsible for any damages or injury, including death, resulting therefrom or caused thereby) of such Gas and fuel oil at and from the Delivery Point therefor and such energy and Other Associated Electric Products prior to and at the Delivery Point therefor. Risk of loss related to such Gas and fuel oil shall transfer from Buyer to Seller at the Delivery Point therefor and risk of loss related to the energy and Other Associated Electric Products associated with the Purchased Capacity shall transfer from Seller to Buyer at the Delivery Point therefor. Buyer shall indemnify, defend and hold harmless Seller from and against any liabilities arising out of or in any way relating to Buyer’s possession or control of the Gas and fuel oil up to the Delivery Point therefor or its possession and control of such energy and Other Associated Electric Products after the Delivery Point therefor, and Seller shall indemnify, defend and hold harmless Buyer from and against any liabilities arising out of or in any way relating to Seller’s possession or control of the Gas and fuel oil at and from the Delivery Point therefor or its possession and control of such energy and Other Associated Electric Products prior to and at the Delivery Point therefor.
RISK OF LOSS AND INDEMNITY. A. Company is responsible for any loss, theft, or damage to the Moneyline Software, manuals or materials from the time that they are delivered to the shipper until they are returned to Moneyline.
RISK OF LOSS AND INDEMNITY. You shall be deemed to be in exclusive control (and responsible for any damages or injury caused thereby) of the electricity after it reaches your electric meter. We shall cease to have title to and risk of loss related to the electricity at the point where a third-party transmission or delivery system connects with the TDU transmission or delivery system. You shall indemnify, defend and hold harmless Our Energy from any and all claims for any loss, damage, or injury to persons or property, including without limitation, all consequential, exemplary, or punitive damages arising from or related to any act or incident occurring after the interconnection of the TDU transmission or delivery system with your meter.
