Sole Remedies. If the Agreement is terminated pursuant to Section 9.2(a) or Section 9.4(a), then and subject to the Terminating Party’s right to receive the Early Termination Payment pursuant to Section 9.5 and to be paid for all other amounts then due and owing to the Terminating Party, such right of termination shall represent that Terminating Party’s sole and exclusive remedy for the Defaulting Party’s default that gave rise to the termination but shall not affect any rights that the Indemnitees may have pursuant to any indemnity hereunder.
Appears in 4 contracts
Samples: Clean Energy Supply Contract, Demand Response Contract, Management Contract
Sole Remedies. If the Agreement is terminated pursuant to Section 9.2(a82(a) or Section 9.4(a8.4(a), then and subject to the Terminating Party’s right to receive the Early Termination Payment pursuant to Section 9.5 and to be paid for all other amounts then due and owing to the Terminating Party, such right of termination shall represent that Terminating Party’s sole and exclusive remedy for the Defaulting defaulting Party’s default that gave rise to the termination but shall not affect any rights that the Indemnitees may have pursuant to any indemnity hereunder.
Appears in 1 contract
Samples: Demand Response
Sole Remedies. If the this Agreement is terminated pursuant to Section 9.2(a) 9.2 or Section 9.4(a)9.4, then and subject to the Terminating Party’s right to receive the Early Termination Payment pursuant to Section 9.5 and to be paid for all other amounts then due and owing to the Terminating PartyParty (to the extent not included in the Early Termination Payment), such right of termination shall represent that Terminating Party’s sole and exclusive remedy for the Defaulting Party’s default that gave rise to the termination but shall not affect any rights that the Indemnitees may have pursuant termination, but, subject to any indemnity hereunder.Section 15.3:
Appears in 1 contract
