Common use of 13Permits Clause in Contracts

13Permits. (a) All Permits related to, associated with or concerning the Project or the Project Real Property that have been obtained by ProjectCo as of the Closing Date are set forth on Section 19.13(a) of the Disclosure Schedules (the “Project Closing Permits”) and electronic copies of all Project Closing Permits have been provided to Purchaser. ProjectCo owns or validly holds and is in compliance with all the Project Closing Permits, and each Project Closing Permit is valid, binding and in full force and effect, has not been appealed, terminated, revoked or modified, and all rights of third parties to appeal any Project Closing Permit have expired. No notice of noncompliance or default has been received by Seller or ProjectCo, and ProjectCo is not in material default (or with the giving of notice or lapse of time or both, would be in material default), under any Project Closing Permit. (b) All Permits that are necessary for ProjectCo to develop, construct, operate and maintain the Project or for the sale of power and Environmental Attributes generated by or associated with the Project pursuant to the Contract for Differences, including, without limitation, ownership, maintenance and operation of the Project Assets (other than the Project Closing Permits set forth on Section 19.13(a) of the Disclosure Schedules) are set forth on Section 19.13(b) of the Disclosure Schedules (the “Remaining Permits” and with Project Closing Permits, the “Complete Project Permits”). As of the Closing Date, Seller has provided electronic copies of each Complete Project Permit to Purchaser. ProjectCo owns or validly holds and is in compliance with all the Complete Project Permits, and each Complete Project Permit is valid, binding and in full force and effect, has not been appealed, terminated, revoked or modified, and all rights of third parties to appeal any Complete Project Permit have expired. No notice of noncompliance or default has been received by Seller or ProjectCo, and ProjectCo is not in material default (or with the giving of notice or lapse of time or both, would be in material default), under any Complete Project Permit. As each Permit was obtained, Seller has Made Available a true and correct copy of (i) each Complete Project Permit, (ii) all material documents, reports and correspondence provided by Seller on behalf of ProjectCo to any Governmental Authority with respect to any Permit, and (iii) all material documents, reports and correspondence received by ProjectCo from any Governmental Authority with respect to any Permit. (c) All Permits disclosed on Section 19.13(a) and Section 19.13(b) of the Disclosure Schedules are in the name of ProjectCo. (d) Notwithstanding anything herein to the contrary, in the event a Permit is not listed in the Project Closing Permits but is nonetheless necessary for the design, engineering, procurement, construction, commissioning or related activities of the Project, such Permits shall be solely Seller’s responsibility to procure at its cost.

13Permits. (a) All Permits related to, associated with or concerning the Project or the Project Real Property that have been obtained by ProjectCo as of the Closing Date are set forth on Section 19.13(a) of the Disclosure Schedules (the “Project Closing Permits”) and ). As of the Closing Date, ▇▇▇▇▇▇ has provided electronic copies of all Project Closing Permits have been provided to Purchaser. ProjectCo owns or validly holds and is in compliance with all the Project Closing Permits, and each Project Closing Permit is valid, binding and in full force and effect, has not been appealed, terminated, revoked or modified, and all rights of third parties to appeal any Project Closing Permit have expired. No notice of noncompliance or default has been received by Seller or ProjectCo, and ProjectCo is not in material default (or with the giving of notice or lapse of time or both, would be in material default), under any Project Closing Permit. (b) All Permits that are necessary for ProjectCo to developrelated to, construct, operate and maintain associated with or concerning the Project or for the sale of power and Environmental Attributes generated by or associated with the Project pursuant to the Contract for Differences, including, without limitation, ownership, maintenance and operation Real Property that have not been obtained by ProjectCo as of the Project Assets (other than the Project Closing Permits set forth on Section 19.13(a) of the Disclosure Schedules) Date are set forth on Section 19.13(b) of the Disclosure Schedules (the “Remaining Permits” and with Project Closing Permits, the “Complete Project Permits”). As of the Closing DateFinal Completion, Seller has will have provided electronic copies of each all Complete Project Permit Permits to Purchaser. ProjectCo owns will own or validly holds hold and is be in compliance with all the Complete Project Permits, and each Complete Project Permit is will be valid, binding and in full force and effect, has not been appealed, terminated, revoked or modified, and all rights of third parties to appeal any Complete Project Permit will have expired. No notice of noncompliance or default has been received by Seller or ProjectCo, and ProjectCo is not in material default (or with the giving of notice or lapse of time or both, would be in material default), under any Complete Project Permit. As each Permit was obtained, Seller has Made Available a true and correct copy of (i) each Complete Project Permit, (ii) all material documents, reports and correspondence provided by Seller on behalf of ProjectCo to any Governmental Authority with respect to any Permit, and (iii) all material documents, reports and correspondence received by ProjectCo from any Governmental Authority with respect to any Permit. (c) All Permits disclosed on Section 19.13(a) and Section 19.13(b) of the Disclosure Schedules are in the name of ProjectCo. (d) Notwithstanding anything herein to the contrary, in the event a Permit is not listed in the Project Closing Permits but is nonetheless necessary for the design, engineering, procurement, construction, commissioning or related activities of the Project, such Permits shall be solely Seller’s responsibility to procure at its cost.

13Permits. (a) All Permits related to, associated with or concerning the Project or the Project Real Property that have been obtained by ProjectCo as of the Closing Date are set forth on Section 19.13(a) of the Disclosure Schedules (the “Project Closing Permits”) and ). As of the Closing Date, ▇▇▇▇▇▇ has provided electronic copies of all Project Closing Permits have been provided to Purchaser. ProjectCo owns or validly holds and is in compliance with all the Project Closing Permits, and each Project Closing Permit is valid, binding and in full force and effect, has not been appealed, terminated, revoked or modified, and all rights of third parties to appeal any Project Closing Permit have expired. No notice of noncompliance or default has been received by Seller or ProjectCo, and ProjectCo is not in material default (or with the giving of notice or lapse of time or both, would be in material default), under any Project Closing Permit. (b) All Permits that are necessary for ProjectCo to developrelated to, construct, operate and maintain associated with or concerning the Project or for the sale of power and Environmental Attributes generated by or associated with the Project pursuant to the Contract for Differences, including, without limitation, ownership, maintenance and operation Real Property that have not been obtained by ProjectCo as of the Project Assets (other than the Project Closing Permits set forth on Section 19.13(a) of the Disclosure Schedules) Date are set forth on Section 19.13(b) of the Disclosure Schedules (the “Remaining Permits” and with Project Closing Permits, the “Complete Project Permits”). As of the Closing DateFinal Completion, Seller has will have provided electronic copies of each all Complete Project Permit Permits to Purchaser. ProjectCo owns will own or validly holds hold and is will be in compliance with all the Complete Project Permits, and each Complete Project Permit is valid, binding and in full force and effect, has not been appealed, terminated, revoked or modified, and all rights of third parties to appeal any Complete Project Permit will have expired. No notice of noncompliance or default has been received by Seller or ProjectCo, and ProjectCo is not in material default (or with the giving of notice or lapse of time or both, would be in material default), under any Complete Project Permit. As each Permit was obtained, Seller has Made Available a true and correct copy of (i) each Complete Project Permit, (ii) all material documents, reports and correspondence provided by Seller on behalf of ProjectCo to any Governmental Authority with respect to any Permit, and (iii) all material documents, reports and correspondence received by ProjectCo from any Governmental Authority with respect to any Permit. (c) All Permits disclosed on Section 19.13(a) and Section 19.13(b) of the Disclosure Schedules are in the name of ProjectCo. (d) Notwithstanding anything herein to the contrary, in the event a Permit is not listed in the Project Closing Permits but is nonetheless necessary for the design, engineering, procurement, construction, commissioning or related activities of the Project, such Permits shall be solely Seller’s responsibility to procure at its cost.