Common use of Obligations Upon Termination Clause in Contracts

Obligations Upon Termination. Following termination of this Agreement, the Parties’ obligations under this Agreement shall cease, except that each Party shall remain responsible for any liabilities that arose prior to the date of termination of this Agreement, and all rights and privileges granted to, and all other obligations imposed on, the Competitive Supplier shall be extinguished, with the exception of the right to collect all monies due from Participating Consumers for services rendered to such consumers through the date of termination, and any obligation of Competitive Supplier to indemnify the Town under this Agreement. The Parties expressly agree that the remedies available to the Competitive Supplier in the event of Town default are limited to specific performance as described in this Article 6. In the event of any default by the Town, therefore, the Parties expressly agree that Competitive Supplier is not eligible to seek recovery of any monetary damages or other losses from the Town. In addition to the right to seek monetary damages and exercise all rights and remedies available to it as a result of a material default of the Competitive Supplier under this Agreement, the Town has the right, but not the obligation, to seek monetary damages from the Competitive Supplier on behalf of all or any Eligible Consumers or Participating Consumers. Accordingly, the Competitive Supplier specifically waives all rights it may have at law to claim that the Town has no standing or otherwise lacks the authority to seek such monetary damages and exercise such rights and remedies on behalf of individual Eligible Consumers or Participating Consumers. Notwithstanding the foregoing, nothing herein is intended to create any rights under this Agreement in any third party.

Appears in 40 contracts

Samples: Competitive Electrical Services Agreement, Competitive Electrical Services Agreement, Town of Chelmsford

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Obligations Upon Termination. Following termination of this Agreement, the Parties’ obligations under this Agreement shall cease, except that each Party shall remain responsible for any liabilities that arose prior to the date of termination of this Agreement, and all rights and privileges granted to, and all other obligations imposed on, the Competitive Supplier shall be extinguished, with the exception of the right to collect all monies due from Participating Consumers for services rendered to such consumers through the date of termination, and any obligation of Competitive Supplier to indemnify the Town Municipality under this Agreement. The Parties expressly agree that the remedies available to the Competitive Supplier in the event of Town Municipality default are limited to specific performance as described in this Article 6. In the event of any default by the TownMunicipality, therefore, the Parties expressly agree that Competitive Supplier is not eligible to seek recovery of any monetary damages or other losses from the TownMunicipality. In addition to the right to seek monetary damages and exercise all rights and remedies available to it as a result of a material default of the Competitive Supplier under this Agreement, the Town Municipality has the right, but not the obligation, to seek monetary damages from the Competitive Supplier on behalf of all or any Eligible Consumers or Participating Consumers. Accordingly, the Competitive Supplier specifically waives all rights it may have at law to claim that the Town Municipality has no standing or otherwise lacks the authority to seek such monetary damages and exercise such rights and remedies on behalf of individual Eligible Consumers or Participating Consumers. Notwithstanding the foregoing, nothing herein is intended to create any rights under this Agreement in any third party.

Appears in 10 contracts

Samples: Competitive Electric Service Agreement, Competitive Electric Service Agreement, Competitive Electric Service Agreement

Obligations Upon Termination. Following termination of this Agreement, the Parties’ obligations under this Agreement shall cease, except that each Party shall remain responsible for any liabilities that arose prior to the date of termination of this Agreement, and all rights and privileges granted to, and all other obligations imposed on, the Competitive Supplier shall be extinguished, with the exception of the right to collect all monies due from Participating Consumers for services rendered to such consumers through the date of termination, and any obligation of Competitive Supplier to indemnify the Town City under this Agreement. The Parties expressly agree that the remedies available to the Competitive Supplier in the event of Town City default are limited to specific performance as described in this Article 6. In the event of any default by the TownCity, therefore, the Parties expressly agree that Competitive Supplier is not eligible to seek recovery of any monetary damages or other losses from the TownCity. In addition to the right to seek monetary damages and exercise all rights and remedies available to it as a result of a material default of the Competitive Supplier under this Agreement, the Town City has the right, but not the obligation, to seek monetary damages from the Competitive Supplier on behalf of all or any Eligible Consumers or Participating Consumers. Accordingly, the Competitive Supplier specifically waives all rights it may have at law to claim that the Town City has no standing or otherwise lacks the authority to seek such monetary damages and exercise such rights and remedies on behalf of individual Eligible Consumers or Participating Consumers. Notwithstanding the foregoing, nothing herein is intended to create any rights under this Agreement in any third party.

Appears in 5 contracts

Samples: Service Agreement, Competitive Electric Service Agreement, Competitive Electric Service Agreement

Obligations Upon Termination. Following Unless stated otherwise in this Agreement, following termination of this Agreement, the Parties’ obligations under this Agreement shall cease, except that each Party shall remain responsible for any liabilities that arose prior to the date of termination of this Agreement, and all rights and privileges granted to, to and all other obligations imposed on, on the Competitive Supplier shall be extinguished, with the exception of the right to collect all monies due from Participating Consumers for services rendered to such consumers through the date of termination, and any obligation of Competitive Supplier to indemnify the Town City under this Agreement. The Parties expressly agree that the remedies available to the Competitive Supplier in the event of Town City default are limited to specific performance as described in this Article 6. In the event of any default by the TownCity, therefore, the Parties expressly agree that Competitive Supplier is not eligible to seek recovery of any monetary damages or other losses from the TownCity. In addition to the right to seek monetary damages and exercise all rights and remedies available to it as a result of a material default of by the Competitive Supplier under this Agreement, the Town City has the right, but not the obligation, to seek monetary damages from the Competitive Supplier on behalf of all or any Eligible Consumers or Participating Consumers. Accordingly, the Competitive Supplier specifically waives all rights it may have at law to claim that the Town City has no standing or otherwise lacks the authority to seek such monetary damages and exercise such rights and remedies on behalf of individual Eligible Consumers or Participating Consumers. Notwithstanding the foregoing, nothing herein is intended to create any rights under this Agreement in any third party.

Appears in 2 contracts

Samples: Competitive Electric Service Agreement, Competitive Electric Service Agreement

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Obligations Upon Termination. Following termination of this Agreement, the Parties’ obligations under this Agreement shall cease, except that each Party shall remain responsible for any liabilities that arose prior to the date of termination of this Agreement, and all rights and privileges granted to, and all other obligations imposed on, the Competitive Supplier shall be extinguished, with the exception of the right to collect all monies due from Participating Consumers for services rendered to such consumers through the date of termination, and any obligation of Competitive Supplier to indemnify the Town City under this Agreement. The Parties expressly agree that the remedies available to the Competitive Supplier in the event of Town City default are limited to specific performance as described in this Article 6. In the event of any default by the TownCity, therefore, the Parties expressly agree that Competitive Supplier is not eligible to seek recovery of any monetary damages or other losses from the TownCity . In addition to the right to seek monetary damages and exercise all rights and remedies available to it as a result of a material default of the Competitive Supplier under this Agreement, the Town City has the right, but not the obligation, to seek monetary damages from the Competitive Supplier on behalf of all or any Eligible Consumers or Participating Consumers. Accordingly, the Competitive Supplier specifically waives all rights it may have at law to claim that the Town City has no standing or otherwise lacks the authority to seek such monetary damages and exercise such rights and remedies on behalf of individual Eligible Consumers or Participating Consumers. Notwithstanding the foregoing, nothing herein is intended to create any rights under this Agreement in any third party.

Appears in 1 contract

Samples: Competitive Electrical Services Agreement

Obligations Upon Termination. Following termination of this Agreement, the Parties’ obligations under this Agreement shall cease, except that each Party shall remain responsible for any liabilities that arose and shall retain all rights and privileges granted prior to the date of termination of this Agreement; including, and all rights and privileges granted to, and all other obligations imposed one.g., the Competitive Supplier shall be extinguished, with the exception of the right to may collect all monies due from Participating Consumers for services rendered to such consumers through the date of termination; and further provided, and any the Competitive Supplier’s obligation of Competitive Supplier to indemnify the Town City under this AgreementAgreement shall survive. The Parties expressly agree that the remedies available to the Competitive Supplier in the event of Town City default are limited to specific performance as described in this Article 6. In the event of any default by the TownCity, therefore, the Parties expressly agree that Competitive Supplier waives and is not eligible to seek recovery of recover any monetary damages or other losses from the TownCity. In addition to the right to seek monetary damages and exercise all rights and remedies available to it as a result of a material default of the Competitive Supplier under this Agreement, and as previously set forth in Section 4.2, above, the Town City has the right, but not the obligation, to seek monetary damages from the Competitive Supplier on behalf of all or any Eligible Consumers or Participating Consumers. Accordingly, the Competitive Supplier specifically waives all rights it may have at law to claim that the Town City has no standing or otherwise lacks the authority to seek such monetary damages and exercise such rights and remedies on behalf of individual Eligible Consumers or Participating Consumers. Notwithstanding the foregoing, nothing herein is intended to create any rights under this Agreement in any third party.

Appears in 1 contract

Samples: City of Worcester

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