Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 9 contracts
Samples: Capacity and Associated Energy Purchase and Sale Agreement, Purchase and Sale Agreement, Demand Resource Capacity Purchase and Sale Agreement
Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture venture, or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 8 contracts
Samples: Funding and Construction Agreement (Ormat Technologies, Inc.), 3 Agreement (Ormat Technologies, Inc.), Power Purchase Agreement (Ormat Technologies, Inc.)
Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations obligations, and liabilities of the Parties parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation obligation, or liability or agency relationship on or with regard to either Partyparty. Each Party party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 7 contracts
Samples: www.lipower.org, www.lipower.org, www.lipower.org
Several Obligations. 19.1 Except where specifically stated in this Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 5 contracts
Samples: Merger Agreement, Interconnection Agreement (ITC Holdings Corp.), Separation Agreement (ITC Holdings Corp.)
Several Obligations. 15.1 Except where specifically stated in this Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 4 contracts
Samples: Energy Sales Agreement, Agreement, Energy Sales Agreement
Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations obligations, and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation obligation, or liability or agency relationship on or with regard to either Party. Each Party shall be liable individually and severally liable for its own obligations under this Agreement.
Appears in 4 contracts
Samples: Southern California Edison Company, Available Capacity and Energy Power Purchase Agreement, Southern California Edison Company
Several Obligations. 19.1 Except where specifically stated in this Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 4 contracts
Samples: Energy Sales Agreement (Us Geothermal Inc), Energy Sales Agreement (Us Geothermal Inc), Energy Sales Agreement (Us Geothermal Inc)
Several Obligations. SECTION 20.1 Except where otherwise specifically stated in this Agreement to be otherwiseAgreement, the duties, obligations and liabilities of the Parties are intended to be several and several, not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 3 contracts
Samples: Power Purchase Agreement (Aes Ironwood LLC), Power Purchase Agreement (Aes Ironwood LLC), Power Purchase Agreement (Aes Ironwood LLC)
Several Obligations. 16.1 Except where specifically stated in this Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 3 contracts
Samples: Agreement, Standard Energy Sales Agreement, Energy Sales Agreement
Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership or joint venture venture, or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 3 contracts
Samples: Power Purchase Agreement (Us Geothermal Inc), 3 Agreement (Ormat Technologies, Inc.), 3 Agreement (Ormat Technologies, Inc.)
Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 2 contracts
Samples: Interconnection Agreement, Mutual Operating Agreement (Old Dominion Electric Cooperative)
Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations obligations, and liabilities of the Parties parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation obligation, or liability or agency relationship on or with regard to either Partyparty. Each Party party shall be individually and severally liable for its own obligations under this Agreement.. XI
Appears in 2 contracts
Samples: Professional Services Agreement (Nevada Geothermal Power Inc), Professional Services Agreement (Nevada Geothermal Power Inc)
Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations obligations, and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation obligation, or liability or agency relationship on or with regard to either Party. Each Party shall be liable individually and severally liable for its own obligations under this Agreement.
Appears in 2 contracts
Samples: Power Purchase Agreement (Berry Petroleum Co), Power Purchase Agreement (Berry Petroleum Co)
Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 2 contracts
Samples: Brady Power Partners, Ormat Funding Corp.
Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations obligations, and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation obligation, or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 2 contracts
Samples: Power Sales Agreement (Black Hills Power Inc), Power Sales Agreement (Black Hills Corp)
Several Obligations. Except where specifically stated in this Agreement to be otherwise, the The duties, obligations and liabilities of the Parties under this Agreement are intended to be several and not joint or collective. Nothing contained in this This Agreement shall ever not be interpreted or construed to create an association, trust, partnership or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Partybetween the Parties. Each Party shall be individually and severally liable for its own obligations under this Agreement. Further, neither Party shall have any rights, power or authority to enter into any agreement or undertaking for or on behalf of, to act as to be an agent or representative of, or to otherwise bind the other Party.
Appears in 2 contracts
Several Obligations. Except where otherwise specifically stated in this Agreement to be otherwiseAgreement, the duties, obligations and liabilities of the Parties are intended to be several and several, not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 1 contract
Several Obligations. 19. Except where specifically stated in this Amended Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Amended Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Amended Agreement.
Appears in 1 contract
Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation obligation, or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 1 contract
Several Obligations. 19. Except where specifically stated in this Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 1 contract
Samples: Interconnection Agreement (Wisconsin Power & Light Co)
Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations obligations, and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation obligation, or liability or agency relationship on or with regard to either Party. Each Party shall be liable individually and severally liable for its own obligations under this Agreement. [Remainder of page left blank intentionally.]
Appears in 1 contract
Samples: Zond Panaero Windsystem Partners I
Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 1 contract
Several Obligations. 18.1 Except where specifically stated in this Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 1 contract
Samples: Distribution Transmission Interconnection Agreement (ITC Holdings Corp.)
Several Obligations. Except where specifically stated otherwise in this Agreement to be otherwiseAgreement, each of the duties, obligations and liabilities of the Parties are intended is to be a several obligation, duty or liability 55 62 and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership or joint venture venture, or to impose a trust or partnership duty, obligation or liability or agency relationship liability, on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 1 contract
Samples: Surety Agreement (Calpine Corp)
Several Obligations. Except where specifically stated in this Agreement Contract to be otherwise, the duties, obligations obligations, and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement Contract shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation obligation, or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this AgreementContract and shall not be liable for any obligation of the other.
Appears in 1 contract
Samples: Discussion Draft
Several Obligations. Except where specifically stated provided otherwise in this Agreement to be otherwiseAgreement, the duties, obligations and liabilities of the Parties hereto are intended to be several and not joint or collective, each Party shall be liable only for its own obligations. Nothing contained in this Agreement shall ever be construed to create as creating an association, trust, partnership or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreementamong the Parties hereto.
Appears in 1 contract
Several Obligations. Except where specifically stated in this the Agreement to be otherwise, the duties, obligations obligations, and liabilities of the Parties parties hereto are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Partyamong the parties hereto. Each Party hereto shall be liable individually and severally liable for its own obligations under this Agreement.
Appears in 1 contract
Samples: Southern Energy Inc
Several Obligations. Except where specifically stated in this Agreement to be otherwiseas otherwise set forth herein, the duties, obligations and liabilities of the Parties parties are intended to be several only and not joint or collective. Nothing nothing contained in this Agreement shall ever be construed to create an association, trust, partnership or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party among the parties and each party shall be liable individually and severally liable for its own obligations under this Agreement.
Appears in 1 contract
Samples: Implementation Agreement
Several Obligations. 20.1 Except where specifically stated in this Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 1 contract
Samples: Interconnection Agreement (Wisconsin Power & Light Co)
Several Obligations. Except where specifically stated in this ------------------- Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 1 contract
Samples: U S Envirosystems Inc /De/
Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations obligations, and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Partyamong the Parties. Each Party shall be liable individually and severally liable for its own obligations under this Agreement.
Appears in 1 contract
Several Obligations. Except where specifically stated in this the Agreement to be otherwise, the duties, obligations obligations, and liabilities of the Parties parties hereto are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or partnership duty, obligation or liability or agency relationship on or with regard to either Partyamong the parties hereto. Each Party party hereto shall be liable individually and severally liable for its own obligations under this Agreement.
Appears in 1 contract
Several Obligations. Except where specifically stated in this Agreement to be otherwise, the The duties, obligations obligations, and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership partnership, or joint venture or to impose a trust or trust, partnership duty, obligation obligation, or liability or agency relationship on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement.
Appears in 1 contract
