Examples of Settling Supplier in a sentence
Settling Supplier represents, warrants, and covenants with and to the California Parties that such assignment is and shall be free and clear of all liens, claims, and encumbrances.
Settling Supplier does not endorse or take any position on the foregoing allocation of Settlement Proceeds, but the Agreement establishes such allocation to ensure the distribution of funds as contemplated by the California Parties.
All funds in the California Litigation Escrow shall be distributed in accordance with a separate agreement among the California Parties (the “Allocation Agreement”), which also may provide for reallocation among the California Parties of the California Parties’ share of Settling Supplier Refunds and associated interest.
The foregoing term “without recourse” shall not, however, limit or be construed as limiting in any way any rights the California Parties have with respect to the Settling Supplier pursuant to the express written provisions, representations, and warranties of this Agreement.
The releases Settling Supplier provides in Article VII to the California Parties shall apply to SRP, provided that SRP becomes an Additional Settling Participant, and to the California Electricity Oversight Board.
Each Party shall reasonably and in good faith cooperate with each other and the ISO and PX and take all reasonable steps to secure (i) the release and transfer of funds to the Settling Supplier Refund Escrow (PNM) and California Litigation Escrow as contemplated by this Agreement, (ii) the accounting treatment contemplated under this Article VI, and (iii) any other acts of the PX or the ISO necessary to effectuate the terms of this Agreement.
Any amount shown on the Allocation Matrix as owed by a Party other than Settling Supplier, or by an Additional Settling Participant, will be reflected on the books of the ISO and PX as an additional amount owed by that Party or Additional Settling Participant.
The California Parties shall be solely responsible for administering the Settling Supplier Refund Escrow (PNM) and the California Litigation Escrow, provided that, prior to the Settlement Effective Date, the California Parties shall not administer the Settling Supplier Refund Escrow (PNM) in a manner inconsistent with the instructions for establishing that account as agreed upon by Settling Supplier and the California Parties.
Each Additional Settling Participant shall be deemed to have provided all of the releases of claims against Settling Supplier set forth in Article VII.
If FERC fails by September 30, 2010, to issue the FERC Settlement Order, then Settling Supplier may, in its sole discretion, terminate this Agreement at any time after September 30, 2010.