Common use of Double Jeopardy Clause in Contracts

Double Jeopardy. A final, non-appealable order issued in a proceeding initiated by the GOP and based upon a claim of breach of the Implementation Agreement shall be with prejudice to any proceedings against the Seller based upon the same claim that the Purchaser could otherwise bring for breach by the Seller of its obligations under this Agreement. Nothing in this Section shall prevent the Purchaser and the GOP from separately initiating proceedings to terminate this Agreement and the Implementation Agreement, respectively, pursuant to Sections 16.3 and 16.4 of this Agreement and Sections 14.1 and 14.3 of the Implementation Agreement.

Double Jeopardy. A final, non-appealable order issued in a proceeding initiated by the GOP and based upon a claim of breach of the Implementation Agreement shall be with prejudice to preclude any proceedings against the Seller based upon the same claim that the Purchaser could otherwise bring for breach by the Seller of its obligations under this Agreement. Nothing in this Section 19.16 shall prevent the Purchaser and the GOP from separately initiating proceedings to terminate this Agreement and the Implementation Agreement, respectively, pursuant to Sections 16.3 16.2 and 16.4 of this Agreement and Sections 14.1 and 14.3 of the Implementation Agreement.

Double Jeopardy. A final, non-appealable order issued in a proceeding initiated by the GOP and based upon a claim of breach of the Implementation Agreement shall be with prejudice to any proceedings against the Seller Company based upon the same claim that the Power Purchaser could otherwise bring for breach by the Seller Company of its obligations under this Agreement. Nothing in this Section shall prevent the Power Purchaser and the GOP from separately initiating proceedings to terminate this Agreement and the Implementation Agreement, respectively, pursuant to Sections 16.3 16.2 and 16.4 of this Agreement and Sections 14.1 and 14.3 of the Implementation Agreement.