Facility Contracts. In addition to any other agreements that Seller is required to provide Avista under this Agreement, at the request of Avista, Seller shall promptly provide to Avista copies of the following major contracts and agreements which govern Seller and the design and construction of the Facility, as contemplated by this Agreement: (i) contracts for the manufacture, delivery and installation of the generation equipment and step- up transformation equipment; (ii) engineering, procurement and construction, or other engineering and construction agreements; (iii) applicable operating and maintenance agreements; and (iv) the organizational documents (including but not limited to Seller’s LLC agreement) of Seller (the “Organizational Agreements”) for Seller, provided that Seller shall have the right to redact any commercially sensitive information from the items delivered pursuant to clause (i) through (iii). Seller shall not make any changes to the Organizational Agreements that could reasonably be expected to affect Seller’s status as a Special Purpose Entity without Avista’s prior consent, which consent shall not be unreasonably withheld, provided that such consent shall not be required for modification or amendment of Seller’s Organizational Agreements in connection with any tax equity financing.
Facility Contracts. Upon reasonable notice and request by EPE, Seller shall provide EPE with copies of (or, in the case of agreements and contracts subject to non-disclosure covenants or similar provisions, summaries of): (i) contracts for the manufacture, delivery and installation of the generator and step-up transformer; (ii) engineering, procurement and construction, or other general contractor agreements; (iii) applicable operating agreements; and (iv) the applicable electric Transmission Agreement and Interconnection Agreement. Upon request, Seller shall also provide EPE with reasonable evidence that it has or will have the capability to finance construction of the Facility. Seller shall provide sufficient information for EPE to be reasonably assured that Seller has contracted with financially responsible vendors as part of the Facility construction process.
Facility Contracts. Seller shall provide to Purchaser, within thirty (30) days after execution of this REPA, a certificate in a form reasonably acceptable to Purchaser, stating that Seller has sufficient Generating Units under contract to satisfy its obligations hereunder together with copies of major engineering drawings relating to the Facility. Information that is commercially sensitive, confidential or proprietary, as reasonably determined by Seller, may be redacted from the documents provided to Purchaser pursuant to this Section 4.6. All such information shall be treated as confidential information subject to Section 16.4 hereof. Seller shall provide sufficient information for Purchaser to be reasonably assured that Seller has contracted with financially responsible vendors as part of the Facility construction process.
Facility Contracts. Seller shall provide to PPUC, not later than the Closing Date, copies of the following major contracts governing the design and construction of the Facilities and the ability of Seller to deliver Product in accordance with this Agreement:
Facility Contracts. If Seller enters into a Construction Contract(s) providing for the design and construction of the Facility such that it is capable of satisfying Seller’s requirements under this Agreement, Seller hereby represents, warrants and covenants to Buyer that the terms of the Construction Contract(s) (a) will not conflict with the terms of this Agreement and (b) will include the conditions to Commercial Operation set forth herein.
Facility Contracts. (a) Except for (i) any Facility Contract listed on Schedule 1.1C, and (ii) any contracts, agreements, arrangements, licenses and leases which will expire prior to the Closing Date or which may be terminated without material penalty by Seller upon ninety (90) days notice or less and which do not require known or liquidated expenditures or payments by Seller in excess of $100,000 in the current or the next calendar year, Seller is not a party to, and neither Seller nor the Facility is bound by, any contracts, agreements, arrangements, licenses or leases relating to the Facility except as set forth on Schedule 4.7.
Facility Contracts. Schedule 2.2.7 sets forth a true, correct and complete list of the Facility Contracts. The copies heretofore delivered to Purchaser are true, correct and complete in all material respects. Except as set forth on Schedule 2.2.7, Seller has neither given nor received any written notice of any breach or default under any of the Facility Contracts which has not been cured and, to Seller’s Knowledge, no party to the Facility Contracts is in breach or default under any material obligation thereunder or any provisions thereof and each of the Facility Contracts is in full force and effect in accordance with its terms. With respect to any Persons whose consent is required as a condition to Seller’s assignment of the Facility Contracts to Purchaser at Closing, Seller covenants to employ diligent, good faith efforts to obtain such consent(s) in writing (in a form reasonably acceptable to Purchaser) prior to the Closing Date.
Facility Contracts. Seller shall receive a credit for all deposits made by Seller under the Facility Contracts (together with any interest thereon) which are transferred to Purchaser or remain on deposit for the benefit of Purchaser. Purchaser shall receive a credit for all deposits held by Seller under the Facility Contracts (together with any interest thereon) which are not transferred to Purchaser, and Purchaser thereafter shall be obligated to refund or apply such deposits in accordance with the terms of such Facility Contracts.
Facility Contracts. Omitted pursuant to Regulation S-K, Item 601(a)(5). Schedule 2.2.7 SCHEDULE 5.1.6 LITIGATION Omitted pursuant to Regulation S-K, Item 601(a)(5). Schedule 5.1.6 SCHEDULE 5.1.8
Facility Contracts. All interest of any Xxxx County Party (as a lessor or as a lessee) in, to and under, and all rights to receive goods or services, to use and occupy personal and leased real property or to receive payment for goods or services rendered, or other benefits arising under the Facility Contracts;
