1998 AGN FEB 03 I02 - Laserfiche WebLink

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DRAFT: 11/07/97 Von -Firm" means. with respect to a Transaction, that delivery or receipt of Energy may be interrupted Cor any reason. without liability by either Party, including, without limitation, price fluctuations. "Period of Delivery",means the period of time from the date physical delivery of the Energy is to commence to the date physical delivery is to terminate under a Transaction. "Regulatory Approvals" means all current and future valid and applicable Laws, orders, statutes, and regulations of courts or regulatory bodies (state or federal) having jurisdiction over a Party or any Transaction. "Replacement Price" shall have the meaning defined in Section 3.5(a). "Sales Price" shall, have the meaning defined in Section 3.5(b). "Scheduling or "Schedule" means the acts of Seller, Buyer and/or their designated representatives, including each Party's Transmission Providers, if applicable, of notifying, requesting and confirming to each other the quantity and type of Energy to be delivered hourly on any given day or days during the Period of Delivery at a specified Delivery Point. "Seller" means the Party to a Transaction who is obligated to sell and deliver or cause to be delivered Energy during a Period of Delivery. "Stranded Costs" means any charges or costs that are assessed or levied by any entity, including local, state or federal regulatory or taxing authorities or any Transmission Providers, in order to recoup the expenses and liabilities associated with stranded investments and that would affect an ongoing Transaction, either directly or indirectly; provided, however, such charges or costs must be uniformly applied in anon -discriminatory manner and applicable to all similarly situated parties. "Taxes" means any or all ad valorem, property, occupation, severance, generation, first use, conservation, Btu or energy, transmission, utility, gross receipts, privilege, sales, use, consumption, excise, lease, transaction, and other taxes or New Taxes, governmental charges, licenses, fees, permits and assessments, or increases therein, other than taxes based on net income or net worth. "Transaction" means a particular transaction agreed to by the Parties relating to the purchase and sale of Energy pursuant to this Master Agreement. "Transaction Agreement"means a written agreement executed by the Parties to form and effectuate a Transaction which shall be substantially in the form of Exhibit "B-2". "Transmission Charges" means the amount, if any, to be paid by Buyer to Seller for transmission services as agreed to by the Parties in a Transaction. "Transmission Providers" means the entity or entities transmitting Energy on behalf of Seller or Buyer (but not including Buyer or Seller) to or from the Delivery Point -in a particular Transaction.