Capacity In Which Company Is Entering Sample Clauses

Capacity In Which Company Is Entering. Into This Agreement‌ Each BGS-RSCP Supplier agrees and acknowledges that the Company is contracting for the provision of BGS-RSCP Supply from such BGS-RSCP Supplier as the agent for Customers receiving Basic Generation Service – Residential Small Commercial Pricing on the Company’s distribution system pursuant to the authorizations provided to the Company under the Order. The BGS-RSCP Supplier further agrees and acknowledges that the Company will administer and monitor the BGS-RSCP Supplier’s performance in providing BGS-RSCP Supply under this Agreement and that the Company shall be entitled, on behalf of Customers, to enforce BGS-RSCP Suppliers’ obligations related to the provision of BGS-RSCP Supply. The BGS-RSCP Supplier hereby permanently and irrevocably waives any claim that Company is not entitled to seek enforcement of this Agreement on behalf of Customers. However, no Customer or group of Customers may seek enforcement of this Agreement directly against the BGS-RSCP Supplier on their own behalf, including independently or by joining in any legal action by the Company. This Agreement does not create, assign or grant to any Customer or group of Customers any rights in or claims to damages or remedies against the BGS-RSCP Supplier independent of or different from the rights expressly granted to the Company hereunder as agent for Customers. The Company is also contracting on its own behalf and not as agent for Customers insofar as this Agreement requires the Company: (i) to pay the BGS-RSCP Suppliers as required under this Agreement; and (ii) to provide data or to otherwise cooperate with a BGS-RSCP Supplier in connection with such BGS-RSCP Supplier’s provision of BGS- RSCP Supply. The Parties acknowledge that the Agreement is a forward contract and, accordingly, the Parties hereto are entitled to the protections of section 556 of the Bankruptcy Code. The Parties therefore agree that the Agreement may be terminated by either Party upon the commencement of a proceeding by the other Party under any chapter of the Bankruptcy Code in accordance with Section 5.2 of this Agreement.
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Capacity In Which Company Is Entering. Into This Agreement The DS Supplier agrees and acknowledges that the Company is contracting for the provision of DS Supply from such DS Supplier for Customers receiving Default Service on the Company’s electric system pursuant to the authorizations provided to the Company. The DS Supplier further agrees and acknowledges that the Company will administer and monitor the DS Supplier’s performance in providing DS Supply under this Agreement and that the Company shall be entitled to enforce the DS Supplier’s obligations related to the provision of DS Supply. The DS Supplier hereby permanently, expressly and irrevocably waives any claim that Company is not entitled to seek enforcement of this Agreement on behalf of Customers. It is the specific intention of the Parties hereto that Customers and Customer groups are not third party beneficiaries of this Agreement and that no Customer or Customer group shall seek enforcement of this Agreement against the DS Supplier on their own behalf, either independently or by joining in any legal proceeding brought by the Company.
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Capacity In Which Company Is Entering. Into This Agreement The DS Supplier agrees and acknowledges that the Company is contracting for the provision of DS Supply from such DS Supplier for Customers receiving Default Service on the Company’s electric system pursuant to the authorizations provided to the Company. The DS Supplier further agrees and acknowledges that the Company will administer and monitor the DS Supplier’s performance in providing DS Supply under this Agreement and that the Company shall be entitled to enforce the DS Supplier’s obligations related to the provision of DS Supply. The DS Supplier hereby permanently, expressly and irrevocably waives any claim that Company is not entitled to seek enforcement of this Agreement on behalf of Customers. It is the specific intention of the Parties hereto that Customers and Customer groups are not third party beneficiaries of this Agreement and that no Customer or Customer group shall seek enforcement of this Agreement against the DS Supplier on their own behalf, either independently or by joining in any legal proceeding brought by the Company. The Parties acknowledge that the Agreement is a forward contract and, accordingly, the Parties hereto are entitled to the protections of Section 556 of the Bankruptcy Code. The Parties therefore agree that the Agreement may be terminated by either Party upon the commencement of a proceeding by the other Party under any chapter of the Bankruptcy Code in accordance with Article 5.2 of this Agreement.
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Capacity In Which Company Is Entering. Into This Agreement The DS Supplier agrees and acknowledges that the Company is contracting for the provision of DS Supply from such DS Supplier for Customers receiving Default Service on the Company’s electric system pursuant to the authorizations provided to the Company. The DS Supplier further agrees and acknowledges that the Company will administer and monitor the DS Supplier’s performance in providing DS Supply under this Agreement and that the Company shall be entitled to enforce the DS Supplier’s obligations related to the provision of DS Supply. The DS Supplier hereby agrees that the Company is entitled to seek enforcement of this Agreement on behalf of the Customers. It is the specific intention of the Parties hereto that Customers and Customer groups are not third party beneficiaries of this Agreement and that no Customer or Customer group shall seek enforcement of this Agreement against the DS Supplier on their own behalf, either independently or by joining in any legal proceeding brought by the Company. The Parties acknowledge that the Agreement is a “forward contract” within the meaning of the United States Bankruptcy Code (“USBC”), that each Party hereto is a “forward contract merchant” within the meaning of the USBC, that all setoffs, netting and liquidations contemplated hereunder constitute “settlement payments” within the meaning of the USBC, that each payment or transfer of performance assurance is a “margin payment”, “settlement payment” or transfer within the meaning of the USBC, and, accordingly, the Parties hereto are entitled to the protections of Section 556 of the Bankruptcy Code. The Parties therefore agree that the Agreement may be terminated by either Party upon the commencement of a proceeding by the other Party under any chapter of the Bankruptcy Code in accordance with Section 5.2 of this Agreement.
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Related to Capacity In Which Company Is Entering

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