Common use of Obligation to Operate Clause in Contracts

Obligation to Operate. Seller shall, regardless of whether the Availability shall be, for any period, at, above or below the Availability Requirement, operate the Unit to provide the Quantity in all hours during the Delivery Term. Buyer Liability: Entergy Services, Inc. is entering into, and is a party to, this Agreement as agent for the Entergy Operating Companies, and shall have no liability hereunder. The liability of the Entergy Operating Companies hereunder, whether in respect of a default or otherwise, shall be several and not joint. Other Provisions: ♦ This Confirmation Agreement is governed by the terms and conditions of the WSPP Agreement dated effective September 1, 2002. To the extent the provisions of this Confirmation Agreement conflict with the WSPP Agreement, the provisions of this Confirmation Agreement will control. ♦ Exhibit A "Netting" shall be deemed in effect for all transactions entered into under this Confirmation Agreement. ♦ This Confirmation Agreement amends Section 9.4 of the WSPP Agreement to provide for payment of undisputed amounts only. ♦ This Confirmation Agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to the principles of conflicts of laws. ♦ Buyer shall be entitled to its prorated share of the available output of the Unit, subject to higher priority sales or commitments from the Unit(s), in the event of a curtailment or derating of the energy produced by the Unit(s).

Obligation to Operate. Seller shall, regardless of whether the Availability shall be, for any period, at, above or below the Availability Requirement, operate the Unit to provide the Quantity in all hours during the Delivery Term. Buyer Liability: Entergy Services, Inc. is entering into, and is a party to, this Agreement as agent for the Entergy Operating Companies, and shall have no liability hereunder. The liability of the Entergy Operating Companies hereunder, whether in respect of a default or otherwise, shall be several and not joint. Other Provisions: ♦ This Confirmation Agreement is governed by the terms and conditions of the WSPP Agreement dated effective September 1, 2002. To the extent the provisions of this Confirmation Agreement conflict with the WSPP Agreement, the provisions of this Confirmation Agreement will control. ♦ Exhibit A "Netting" shall be deemed in effect for all transactions entered into under this Confirmation Agreement. ♦ This Confirmation Agreement amends Section 9.4 of the WSPP Agreement to provide for payment of undisputed amounts only. ♦ Exhibit A “Netting” shall be deemed in effect for all transactions entered into under this Confirmation Agreement. ♦ This Confirmation Agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to the principles of conflicts of laws. ♦ Buyer shall be entitled to its prorated share of the available output of the Unit, subject to higher priority sales or commitments from the Unit(s), in the event of a curtailment or derating of the energy produced by the Unit(s).