Transportation Arrangements. Seller, at Buyer’s cost and expense, shall be responsible for making all transportation arrangements with Carriers in order to ship such Product from the Delivery Point to the Destination Point, all in accordance with the applicable Delivery Schedule, the Shipment Protocol, and the other provisions of this Section 5.1. If Buyer requires Seller to cancel its transportation arrangements with a Carrier in order to use a different Carrier, then Buyer shall be responsible for cancellation charges incurred by Seller. Seller shall employ the same level of care, diligence, inquiry and effort to minimize transportation costs that it would use if Seller were paying the costs thereof and bore the risk of loss during shipment (but in no event less than reasonable care). All Carriers shall carry liability insurance reasonably acceptable to Buyer, on an occurrence basis, with limits of no less than two million dollars ($2,000,000) per occurrence and aggregate, covering the loss of the Products while in transit or otherwise in the Carrier’s possession.
Appears in 2 contracts
Sources: Long Term Product Supply Agreement (Vivint Solar, Inc.), Long Term Product Supply Agreement (Vivint Solar, Inc.)
Transportation Arrangements. Seller, at Buyer’s 's cost and expense, shall be responsible for making all transportation arrangements with Carriers in order to ship such Product from the Delivery Point to the Destination Point, all in accordance with the applicable Delivery Schedule, the Shipment Protocol, and the other provisions of this Section 5.1. If Buyer requires Seller to cancel its transportation arrangements with a Carrier in order to use a different Carrier, then Buyer shall be responsible for cancellation charges incurred by Seller. Seller shall employ the same level of care, diligence, inquiry and effort to minimize transportation costs that it would use if Seller were paying the costs thereof and bore the risk of loss during shipment (but in no event less than reasonable care). All Carriers shall carry liability insurance reasonably acceptable to Buyer, on an occurrence basis, with limits of no less than two million dollars ($2,000,000) per occurrence and aggregate, covering the loss of the Products while in transit or otherwise in the Carrier’s 's possession.
Appears in 1 contract
Sources: Long Term Product Supply Agreement (Enphase Energy, Inc.)