Additional Representations and Warranties of SBC. SBC represents and warrants that (a) none of the energy received by it pursuant to this Agreement shall be resold; (b) it is not a party to or subject to any contract, agreement, or other arrangement with any Electric Service Provider other than EESI or that materially restrict, limit, or otherwise interfere with the sale and purchase of energy contemplated under this Agreement; (c) that it is either, duly authorized to bind its Affiliates, or shall cause its Affiliates to, purchase energy and related services to the extent contemplated in this Agreement; (d) it has the full power and authority concerning the obtaining of energy and other energy-related services for and to the Facilities, including the participation of such Facilities in retail access under the Act and Rules and the selection of a Competitive Supplier thereunder; (e) it is, for each Facility, and shall continue to be during the Contract Term, an eligible participant in retail access under the Act and Rules; (f) it is not and no Facility is, a “residential customer” under the Act or Rules, and it and each Facility are eligible to receive service hereunder pursuant to the Act and Rules; (g) 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; (h) it is a commercial user of energy and it has entered into this Agreement solely for non-speculative purposes related to its business; and (i) it has knowledge and experience in business matters that enable it to evaluate the merits and risks of entering into this Agreement.
