Common use of Title Transfer Clause in Contracts

Title Transfer. Seller shall cease to have title to, possession of, and risk of loss with respect to liability pursuant to Sections 9.1 (Seller’s Indemnification for Third-Party Claims) and 9.2 (Buyer’s Indemnification for Third-Party Claims) of Block Energy Supply scheduled and received or delivered hereunder at the Delivery Point. Seller warrants that it has good title to the Block Energy Supply sold and delivered hereunder and that it has the right to sell such Block Energy Supply, and that the Block Energy Supply delivered to Buyer shall be free and clear of all liens, security interests, claims and encumbrances or any interest therein or thereto by any person arising prior to the Delivery Point. The word “loss” in this Section 2.7 (Title Transfer) does not encompass electrical transmission and distribution losses which are the obligations of the Seller as defined in Block Energy Supply. As between Buyer and Seller only, Buyer shall take title to, possession of, and risk of loss with respect to liability pursuant to Sections 9.1 (Seller’s Indemnification for Third-Party Claims) and 9.2 (Buyer’s Indemnification for Third-Party Claims) of Block Energy Supply scheduled and received or delivered hereunder at the Delivery Point. Notwithstanding the foregoing, nothing contained in this Agreement is intended to create or increase liability of Buyer to any third party beyond such liability, if any, that would otherwise exist under the PJM Agreements or under applicable law.

Title Transfer. Seller shall cease to have title to, possession of, and risk of loss with respect to liability pursuant to Sections 9.1 (Seller’s Indemnification for Third-Party Claims) and 9.2 (Buyer’s Indemnification for Third-Party Claims) of Block Energy Supply scheduled and received or delivered hereunder at the Delivery Point. Seller warrants that it has good title to the Block Energy Supply sold and delivered hereunder and that it has the right to sell such Block Energy Supply, and that the Block Energy Supply delivered to Buyer shall be free and clear of all liens, security interests, claims and encumbrances or any interest therein or thereto by any person arising prior to the Delivery Point. The word “loss” in this Section 2.7 (Title Transfer) does not encompass electrical transmission and distribution losses which are the obligations of the Seller as defined in Block Energy Supply. As between Buyer Xxxxx and Seller only, Buyer shall take title to, possession of, and risk of loss with respect to liability pursuant to Sections 9.1 (Seller’s Indemnification for Third-Party Claims) and 9.2 (Buyer’s Indemnification for Third-Party Claims) of Block Energy Supply scheduled and received or delivered hereunder at the Delivery Point. Notwithstanding the foregoing, nothing contained in this Agreement is intended to create or increase liability of Buyer to any third party beyond such liability, if any, that would otherwise exist under the PJM Agreements or under applicable law.