Additional Representations and Warranties of the Sysco Parties. The Sysco Parties represent and warrant that (a) each has the full power and authority over the provision of energy and other energy-related services to their respective Facilities, including participation in retail access under the Act and Rules and the selection of a Competitive Supplier thereunder; (b) each is, for its respective Facilities, and will continue to be during the Services Term, a participant in retail access under the Act and Rules; (c) each is not and no Facility is, a "residential customer" or a "small commercial customer" under the Act or Rules, and each Sysco Party and each Facility are eligible to receive service hereunder pursuant to the Act and Rules; (d) Sysco Corporation 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) eachb) each of the Sysco Corporation and the Sysco Parties, respectively, is a commercial user of energy and each has entered into this Agreement solely for non-speculative purposes related to its business; and (fc) each of the Sysco Corporation and the Sysco Parties, respectively, has knowledge and experience in business matters that enable it to evaluate the merits and risks of entering into this Agreement. Each of the Sysco Corporation and the Sysco parties, respectively, has all the necessary authorizations and powers to execute this Agreement for and on behalf of the Parties identified in Schedule A.. EESI represents and warrants that it has reviewed all the necessary documentation and information to determine that (a) each of the Sysco Corporation and the Sysco Parties, respectively,each has the full power and authority over the provision of energy and other energy-related services to their respective Facilities, including participation in retail access under the Act and Rules and the selection of a Competitive Supplier thereunder; (b) each of the Sysco Corporation and the Sysco Parties, respectively, is, for its respective Facilities, and will continue to be during the Services Term, a participant in retail access under the Act and Rules; (c) each of the Sysco Corporation and the Sysco Parties, respectively, is not and no Facility is, a "residential customer" or a "small commercial customer" under the Act or Rules, and each Sysco Party and each Facility areis eligible to receive service hereunder ...
Additional Representations and Warranties of the Sysco Parties. The Sysco Parties represent and warrant that (a) each has the full power and authority over the provision of energy and other energy-related services to their respective Facilities, including participation in retail access under the Act and Rules and the selection of a Competitive Supplier thereunder; (b) each is, for its respective Facilities, and will continue to be during the Services Term, a participant in retail access under the Act and Rules; (c) each is not and no Facility is, a "residential customer" or a "small commercial customer" under the Act or Rules, and each Sysco Party and each Facility are eligible to receive service hereunder pursuant to the Act and Rules; (d) Sysco Corporation 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)each is a commercial user of energy and each has entered into this Agreement solely for non-speculative purposes related to its business; and (f) each has knowledge and experience in business matters that enable it to evaluate the merits and risks of entering into this Agreement. Sysco Corporation has all the necessary authorizations and powers to execute this Agreement for and on behalf of the Parties identified in Schedule A.
Additional Representations and Warranties of the Sysco Parties. The Sysco Parties represent and warrant that (a) each is, for its respective Facilities, and will continue to be during the Services Term, a participant in retail access under the Act and Rules; (b) each is not and no Facility is, a "residential customer" or a "small commercial customer" under the Act or Rules, and each Sysco Party and each Facility are eligible to receive service hereunder pursuant to the Act and Rules; (c) Sysco Corporation 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; (d) each is a commercial user of energy and each has entered into this Agreement solely for non-speculative purposes related to its business; and (e) each has knowledge and experience in business matters that enable it to evaluate the merits and risks of entering into this Agreement. Sysco Corporation has all the necessary authorizations and powers to execute this Agreement for and on behalf of the Parties identified in Schedule A. To the extent that the Sysco Parties do not have the power and authority over the provision of energy and other energy related service to a Facility, including participation in retail access under the Act and Rules and the selection of a Competitive Supplier thereunder, such Facility shall be deemed to be a Closed Facility and treated as such pursuant to Section 3.5.
