Additional Representations and Warranties of Customer. CUSTOMER is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization. CUSTOMER has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder. This Agreement constitutes valid and legally binding obligations of CUSTOMER and is enforceable in accordance with its terms and conditions. Neither the execution or delivery of this Agreement, nor the consummation of the transactions contemplated hereby, will violate any statute, regulation, rule, injunction, judgment, order, decree, ruling, charge, or other restriction of any government Agency, or court to which CUSTOMER is subject or any charter of CUSTOMER, or conflict with or create any right to accelerate, terminate, modify, or cancel or require any notice under any other agreement, or other arrangement to which CUSTOMER is a party or by which either is bound. CUSTOMER has provided to PROCESSOR a copy of any and all government or Agency inquiries or complaints regarding CUSTOMER or any of its subsidiaries, predecessors, principals, officers, or managing members. The information, authorizations, documents, reports, financial statements, and other documentation provided by CUSTOMER pursuant to this Agreement are correct, accurate, and complete and do not contain any untrue or misleading statement or fact. CUSTOMER acknowledges receiving notice of the NACHA Rule regarding provisional payment and of the fact that, if such settlement is not received, the RDFI shall be entitled to a refund from the Receiver of the amount credited and neither PROCESSOR nor ODFI shall be deemed to have paid the Receiver the amount of the Entry. The representations and warranties made by CUSTOMER in this Agreement, including but not limited to this Section 10, shall survive termination of this Agreement and the termination of services provided by PROCESSOR.
Additional Representations and Warranties of Customer. In addition to representations and warranties you make elsewhere in this Agreement, you also represent and warrant that:
Additional Representations and Warranties of Customer. Customer hereby warrants and represents to Ameresco that:
Additional Representations and Warranties of Customer. Customer represents and warrants to Galileo as follows:
Additional Representations and Warranties of Customer. Customer represents and warrants that (a) it has the full power and authority over the provision of Energy and other Energy-related services to the Facilities, including participation in retail access under the Act and Rules and the selection of a Competitive Supplier thereunder; (b) it is, for each Facility and Account, and will continue to be during the Contract Term, a participant in retail access under the Act and Rules; (c) it is not, nor is any Facility or Account, a "residential customer" or a "small commercial customer" under the Act or Rules, and it and each Facility and Account are eligible to receive service hereunder pursuant to the Act and Rules; (d) it either (1) owns assets with a value in excess of ten million dollars ($10,000,000) or (2) has a tangible net worth in excess of one million dollars ($1,000,000), in each case calculated according to generally accepted accounting principles consistently applied; and (e) it is a commercial user of Energy and it has entered into this Agreement solely for non-speculative purposes related to its business.
Additional Representations and Warranties of Customer. Customer represents and warrants that (a)
Additional Representations and Warranties of Customer. Customer represents and warrants that (a) it has the full power and authority over the provision of energy and other energy-related services to the Facilities, including participation in retail access under the Act and Rules and the selection of a Competitive Supplier thereunder; (b) it is, for each Facility, and will continue to be during the Contract Term, a participant in retail access under the Act and Rules; (c) it is not and no Facility is, a "residential customer" or a "small commercial customer" under the Act or Rules, and it and each Facility are eligible to receive service hereunder pursuant to the Act and Rules; (d) it either (1) owns assets with a value in excess of ten million dollars ($10,000,000) or (2) has a tangible net worth in excess of one million dollars ($1,000,000), in each case calculated according to generally accepted accounting principles consistently applied; (e) it is a commercial user of energy and it has entered into this Agreement solely for non-speculative purposes related to its business; [and] (f) it has knowledge and experience in business matters that enable it to evaluate the merits and risks of entering into this Agreement; [NY only add: and (g) it has received a copy of EESI's disclosure statement as required by the Rules and has read and understands the information contained therein].
