Additional Covenants by Seller Sample Clauses

Additional Covenants by Seller. Seller covenants to Buyer that: It will have Site Control as of the earlier of (i) the Term Start Date and (ii) any period before the Term Start Date to the extent necessary for Seller to perform its obligations under this Agreement and, in each case, will maintain Site Control throughout the Term; Throughout the Term, it will hold the rights to all of the Product, subject to the terms of this Agreement; Throughout the Term, it or its subcontractors will own or lease and Operate the Generating Facility unless otherwise agreed to by the Parties; Throughout the Term, it will deliver the Product to Buyer free and clear of all liens, security interests, Claims and encumbrances or any interest therein or thereto by any Person; If Section 1.02(a) provides that the Generating Facility is a New CHP Facility, then, subject to Section 3.17(c), (i) the Generating Facility will be designed and constructed so as to satisfy all of the requirements applicable to a CHP Facility, and (ii) throughout the Term, the Generating Facility will maintain its status as a Qualifying Cogeneration Facility and will otherwise meet the requirements of a CHP Facility; If Section 1.02(a) provides that the Generating Facility is an Existing CHP Facility, then, subject to Section 3.17(c), from the Effective Date until the Term End Date, the Generating Facility will maintain its status as a Qualifying Cogeneration Facility and will otherwise meet the requirements of a CHP Facility; If Section 1.02(a) provides that the Generating Facility is an Expanded CHP Facility or a Repowered CHP Facility, then, subject to Section 3.17(c), (i) from the Effective Date until the Term End Date, the Generating Facility will maintain its status as a Qualifying Cogeneration Facility, and (ii) throughout the Term, the Generating Facility will otherwise meet the requirements of an Expanded CHP Facility or Repowered CHP Facility; Throughout the Term, it will not (1) convey, transfer, allocate, designate, award, report or otherwise provide any or all of the Product, or any portion thereof, or any benefits derived therefrom, to any party other than Buyer (except, if Buyer is not Scheduling Coordinator, as may relate to transactions in the Real-Time Market arising from ordinary course deviations between Metered Energy and electric energy Scheduled to Buyer), or (2) start-up or Operate the Generating Facility per instruction of or for the benefit of any third party (except in order to satisfy the Site Host Load, or a...

Additional Covenants by Seller. Seller covenants to Buyer that: (a) It will have Site Control as of the earlier of (i) the Term Start Date and (ii) any period before the Term Start Date to the extent necessary for Seller to perform its obligations under this Agreement and, in each case, will maintain Site Control throughout the Term; (b) Throughout the Term, it will hold the rights to all of the Product, subject to the terms of this Agreement; (c) Throughout the Term, it or its subcontractors will own or lease and Operate the Generating Facility unless otherwise agreed to by the Parties;

Additional Covenants by Seller. Seller covenants to Buyer that: It will have Site Control as of the earlier of (i) the Term Start Date and (ii) any period before the Term Start Date to the extent necessary for Seller to perform its obligations under this Agreement and, in each case, will maintain Site Control throughout the Term;

Additional Covenants by Seller. Seller covenants that: (i) The Corporate Services and Transition Assistance (together with any services provided, directly or indirectly, by the Companies and their Subsidiaries themselves) constitute all services used in and necessary for the conduct of the businesses of the Companies and their Subsidiaries as of the Effective Date;

Additional Covenants by Seller