ADDITIONAL REPRESENTATIONS OF THE PARTIES. A. Agency hereby warrants, represents and promises that:
i) it has provided or shall provide timely to Contractor, all records relating to energy usage and energy-related maintenance of Project Site(s) requested by Contractor and the information set forth therein is, and all information in other records to be subsequently provided pursuant to this Contract will be true and accurate in all material respects; and
ii) it has not entered into any leases, contracts or Contracts with other persons or entities regarding the leasing of energy efficiency equipment or the provision of energy management services for the Project Site(s) or with regard to servicing any of the energy related equipment located in the Project Site(s). Agency shall provide Contractor with copies of any successor or additional leases of energy efficiency equipment and contracts for management or servicing of preexisting equipment at Project Site(s) which may be executed from time to time hereafter within 30_ days after execution thereof.
B. Contractor hereby warrants, represents and promises that before commencing performance of this Contract:
i) it shall have become licensed or otherwise permitted to do business in the State of New Mexico.
ii) it shall have provided proof and documentation of required insurance and bonds pursuant to this Contract;
iii) it shall make available, upon reasonable request, all documents relating to its performance under this Contract, including all contracts and subcontracts entered into;
iv) it shall use qualified subcontractors who are qualified, licensed and bonded in this state to perform the work so subcontracted pursuant to the terms hereof;
v) the Equipment will meet or exceed the provisions set forth in Section 17 (Systems Start Up and Equipment Commissioning) and in Schedule T (Systems Start-Up and Commissioning; Operating Parameters of Installed Equipment).
vi) the Equipment is or will be compatible with all other Project Site(s) mechanical and electrical systems, subsystems, or components with which the Equipment interacts, and that, as installed, neither the Equipment nor such other systems, subsystems, or components will materially adversely affect each other as a direct or indirect result of Equipment installation or operation;
vii) it is financially solvent, able to pay its debts as they mature and possessed of sufficient working capital to complete the Work and perform its obligations under this Contract.
ADDITIONAL REPRESENTATIONS OF THE PARTIES. 26.1 Customer hereby warrants, represents and promises that:
(i) It has provided or will use reasonable efforts to provide timely to RES, all reasonably available records relating to energy usage and energy-related maintenance of Premises requested by RES; and
(ii) It has not entered into any leases or contracts with other persons or entities regarding the leasing of energy efficiency equipment or the provision of energy management services for the Premises or with regard to servicing any of the energy related equipment located in the Premises. Customer shall provide RES with copies of any successor or additional leases of energy efficiency equipment and contracts for management or servicing of preexisting equipment at Premises which may be executed from time to time hereafter within thirty (30) days after execution thereof.
26.2 RES hereby warrants, represents and promises that:
(i) Before commencing performance of this Agreement:
(a) It is or shall become licensed or otherwise permitted to do business in the Commonwealth of Pennsylvania;
(b) It shall have provided proof and documentation of required insurance pursuant to Section 16. It shall make available, upon reasonable request, all documents relating to its performance under this Agreement, including all contracts and subcontracts entered into;
(ii) That it is financially solvent, able to pay its debts as they mature and possessed of sufficient working capital to complete the Work and perform its obligations under this Agreement.
ADDITIONAL REPRESENTATIONS OF THE PARTIES. For the purpose of Section 3 of the Agreement, each party hereby additionally represents and warrants to the other party (which representations will be deemed to be repeated by each party at all times until the termination of this Agreement and each Transaction) as follows:
ADDITIONAL REPRESENTATIONS OF THE PARTIES. Waiver of Liens, Construction Performance and Payment Bonds, Labor and Material Payment Bonds.
ADDITIONAL REPRESENTATIONS OF THE PARTIES. Section 12.1 Agency hereby warrants, represents and promises that:
i. It has not entered into any leases or contracts with other persons or entities regarding the leasing of energy efficiency equipment or the provision of energy management services for the Premises or with regard to servicing any of the energy related equipment located in the Premises. Agency shall provide ESCO with copies of any successor or additional leases of energy efficiency equipment and contracts for management or servicing of preexisting equipment at Premises which may be executed from time to time hereafter within thirty (30) days after execution thereof.
Section 12.2 ESCO hereby warrants, represents and promises that:
i. Before commencing performance of this Contract:
ii. It is or shall become licensed or otherwise permitted to do business in the Commonwealth of Virginia and shall have a Class A Contractor's License
iii. ESCO will carry Commercial General Liability Insurance and Automobile Insurance with occurrence and aggregate limits of the following, which will include products and completed operations coverage, and shall name Agency as an additional insured on these policies to the extent indemnified herein (excluding Workers Compensation). .
ADDITIONAL REPRESENTATIONS OF THE PARTIES. Waiver of Liens, Construction Performance and Payment Bonds, Labor and Material Payment Bonds. Further Documents. Methods of Operation by Agency. Agency’s Maintenance Responsibilities. Inspection of Project Site(s). Waiver Of Liens. Conflicts of Interest. Notices. Non-Substitution. Authority. Schedule A Energy and Cost Savings Guarantee Schedule B Baseline Energy Consumption; Methodology to Adjust Baseline Schedule C Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting Requirements Schedules D-G [optional schedules] Schedule H Final Project Cost & Project Cash Flow Analysis Schedule I Financing Agreement and Payment Schedule Schedule J Compensation to Contractor for Annual Services Schedule K Rebates, Incentives and Grants Schedules L-P [optional schedules] Schedule Q Description of Project Site(s) Schedule R Equipment to be Installed by Contractor Schedule S Construction and Installation Schedule Schedule T Systems Start-Up and Commissioning; Operating Parameters of Installed Equipment Schedule U Standards of Comfort Schedule V Contractor’s Training Responsibilities Schedules W-AA [optional schedules] Schedule BB Contractor’s Maintenance Responsibilities Schedule CC Agency’s Maintenance Responsibilities Schedule DD Facility Maintenance Checklist Schedules EE-II [optional schedules] Schedule JJ Alternative Dispute Resolution Procedures Schedules KK-OO [optional schedules] Pre-Existing Service Contracts Energy Savings Projections Facility Changes Checklist Current and Known Capital Projects at Facility Exhibit I Performance Bond Exhibit II Labor and Material Payment Bond Exhibit III EMNRD Certification of Contractor as Qualified Provider Exhibit IV EMNRD Certification of Guaranteed Energy Savings Exhibit V Agency Approval of Contracts and Agreements Exhibit VI Agency Certificate of Acceptance—Installed Equipment Exhibit VII Equipment Warranties Manifest of Ownership Minority and Woman-Owned Business Certification Certification that Financing Term is no Longer than the Aggregated Equipment Lifetime Notice to Proceed with Construction Phase Record of Reviews by Agency Appendix A RFP for Contractor Solicitation (Pre-qualification Phase; Final Selection Phase) Appendix B Contractor Proposal (Pre-qualification Phase; Final Selection Phase) Appendix C Investment-Grade Energy Audit and Project Development Contract Appendix D Investment-Grade Energy Audit Report THIS AGREEMENT is made and entered into by and between the State of N...
ADDITIONAL REPRESENTATIONS OF THE PARTIES. These additional representations address several areas specific to the performance contract. The Agency certifies it has or will provide the Contractor will all energy and energy-related records and all future records to be provided will be truthful and accurate. The Agency also declares it has not entered into any leases or service contracts relating to energy equipment or servicing of pre-existing equipment and will notify the Contractor within a specified period of time if it does so.
ADDITIONAL REPRESENTATIONS OF THE PARTIES. Customer hereby warrants, represents and promises that:
(i) Customer is authorised under the Constitution and laws of South Africa to enter into this Agreement, each transaction contemplated hereby, and to perform all of its obligations under this Agreement.
(ii) Customer has provided or shall provide timely to ESCO, all records relating to energy and water usage and energy-related maintenance of Premises requested by ESCO and the information set forth therein is, and all information in other records to be subsequently provided pursuant to this Agreement will be true and accurate in all material respects; and
(iii) Customer has not entered into any prior leases, contracts or agreements with other persons or entities regarding the leasing or acquisition of water or energy efficiency equipment or the provision of energy management services for the Premises or with regard to servicing any of the energy related equipment located in the Premises that would encroach upon the scope of this contract. Customer shall provide ESCO with copies of any successor or additional leases of energy efficiency equipment and contracts for management or servicing of pre-existing equipment at Premises that may be executed from time to time hereafter within seven days after execution thereof.
(iv) The authorisation, approval and execution of the Agreement and all other proceedings of Customer relating to the transactions contemplated thereby have been performed in accordance with all applicable open meeting, public records, public bidding and all other laws, rules and regulations of Customer.
ADDITIONAL REPRESENTATIONS OF THE PARTIES. 31.1 PEA hereby warrants and represents that it has not entered into any leases or contracts with other persons or entities regarding the leasing of the Selected ECMs set forth Schedule A (Selected ECMs to be Installed by ESCO), or for the provision of any energy management services in conflict with those set forth in Schedule F (Measurement and Verification) and Schedule Q ESCO’s ECM Service Responsibilities. Upon written request, the PEA shall provide ESCO with copies of any successor or additional leases of energy efficiency equipment and contracts for management or servicing of the preexisting equipment identified Schedule B (Description of Premises; Pre-Existing Equipment Inventory) which may be executed from time to time hereafter within thirty (30) days after execution of this Contract.
31.2 ESCO hereby warrants, represents and promises that:
ADDITIONAL REPRESENTATIONS OF THE PARTIES. The Customer hereby warrants, represents and promises that it has provided or shall provide timely to the ESCO, all records relating to energy usage and energy-related maintenance of premises requested by the ESCO and the information set forth therein is, and all information in other records to be subsequently provided pursuant to this Contract will be, true and accurate in all material respects. The ESCO hereby warrants, represents and promises that:
24.1. Before commencing performance of this Contract:
24.1.1. It shall have become licensed or is otherwise permitted to do business in the State of Kansas
24.1.2. It shall have provided proof and documentation of required insurance pursuant to
24.2. It shall make available, upon reasonable request, all documents relating to its performance under this Contract, including all contracts and subcontracts entered into.
24.3. It shall use qualified subcontractors and delegates, licensed and bonded in this state to perform any work subcontracted or delegated pursuant to the terms hereof.
24.4. It is financially solvent, able to pay its debts as they mature and possessed of sufficient working capital to complete the work and perform its obligations under this Contract.
