Common use of Additional Warranties of Seller Clause in Contracts

Additional Warranties of Seller. (a) Upon the Date of First Operations of the Project, Seller represents and warrants to Buyer on each Delivery Date through the expiry of the Delivery Term that all governmental and other authorizations, approvals, consents, notices and filings that are required to have been obtained or submitted by it with respect to performing this Agreement have been obtained or submitted and are in full force and effect and all conditions thereof have been complied with. (b) Upon each Delivery, Seller represents and warrants to Buyer as follows: (i) at the time of Delivery, Seller has the right to convey title to any and all of the RECs Delivered to Buyer in accordance with this Agreement free and clear of any and all liens or other encumbrances or title defects; (ii) Seller has sold and transferred the RECs once and only once exclusively to Buyer; the RECs and any other Environmental Attributes sold hereunder have not expired and have not been, nor will be retired, claimed or represented as part of electricity output or sale, or used to satisfy any renewable energy or other carbon or renewable generation attributes obligations under Illinois law or in any other jurisdiction; and that it has made no representation, in writing or otherwise, that any third-party has received, or has obtained any right to, such RECs that are inconsistent with the rights being acquired by Buyer hereunder; (iii) no RECs from the Project issued by PJM EIS GATS or M-RETS were willfully withheld or sold or otherwise transferred to another party pursuant to Section 4.1(g); and (iv) the Product is Regulatorily Continuing and complies with the Applicable Program.

Additional Warranties of Seller. (a) Upon the Date of First Operations of the Project, Seller represents and warrants to Buyer on each Delivery Date through the expiry of the Delivery Term that all governmental and other authorizations, approvals, consents, notices and filings that are required to have been obtained or submitted by it with respect to performing this Agreement have been obtained or submitted and are in full force and effect and all conditions thereof have been complied with. (b) Upon each Delivery, Seller represents and warrants to Buyer as follows: (i) at the time of Delivery, Seller has the right to convey title to any and all of the RECs Delivered to Buyer in accordance with this Agreement free and clear of any and all liens or other encumbrances or title defects; (ii) Seller has sold and transferred the RECs once and only once exclusively to Buyer; the RECs and any other Environmental Attributes sold hereunder have not expired and have not been, nor will be retired, claimed or represented as part of electricity output or sale, or used to satisfy any renewable energy or other carbon or renewable generation attributes obligations under Illinois law or in any other jurisdiction; and that it has made no representation, in writing or otherwise, that any third-party has received, or has obtained any right to, such RECs that are inconsistent with the rights being acquired by Buyer hereunder; (iii) no RECs from the Project issued by PJM EIS GATS or M-RETS were willfully withheld or sold or otherwise transferred to another party pursuant to Section 4.1(g4.1(f); and (iv) the Product is Regulatorily Continuing and complies with the Applicable Program.

Additional Warranties of Seller. (a) With respect to Upon the Date of First Operations of the Project, Seller represents and warrants to Buyer on the Trade each Delivery Date through the expiry of the Delivery Term that all such Project compliesall governmental and other authorizations, approvals, consents, notices and filings that are required to have been obtained or submitted by it with respect the Applicable Programrespect to performing this Agreement have been obtained or submitted and are in full force and effect and all conditions thereof have been complied with. (b) Upon each Delivery, Seller represents and warrants to Buyer as follows: (i) at the time of Delivery, Seller has the right to convey title to any and all of the RECs Delivered to Buyer in accordance with this Agreement free and clear of any and all liens or other encumbrances or title defects; (ii) Seller has sold and transferred the RECs once and only once exclusively to Buyer; the RECs and any other Environmental Attributes sold hereunder have not expired and have not been, nor will be retired, claimed or represented as part of electricity output or sale, or used to satisfy any renewable energy or other carbon or renewable generation attributes obligations under Illinois law or in any other jurisdiction; and that it has made no representation, in writing or otherwise, that any third-party has received, or has obtained any right to, such RECs that are inconsistent with the rights being acquired by Buyer hereunder; (iii) no RECs from the Project issued by PJM EIS GATS or M-RETS were willfully withheld or sold or otherwise transferred to another party pursuant to Section 4.1(g); and (iv) the Product is Regulatorily Continuing and complies with the Applicable Program.

Additional Warranties of Seller. (a) Upon With respect to U pon the Date of First Operations of the Project, Seller represents and warrants to Buyer on t he Trade each Delivery Date through the expiry of the Delivery Term that all s uch Project c ompliesa ll governmental and other authorizations, approvals, consents, notices and filings that are required r equired to have been obtained or submitted by it with respect t he Applicable Programr espect to performing this Agreement A greement have been obtained or submitted and are in full force and effect and all conditions thereof have h ave been complied with. (b) Upon each Delivery, Seller represents and warrants to Buyer as follows: (i) at the time of Delivery, Seller has the right to convey title to any and all of the RECs Delivered to Buyer in accordance with this Agreement free and clear of any and all liens or other encumbrances or title defects; (ii) Seller has sold and transferred the RECs once and only once exclusively to Buyer; the RECs and any other Environmental Attributes sold hereunder have not expired and have not been, nor will be retired, claimed or represented as part of electricity output or sale, or used to satisfy any renewable energy or other carbon or renewable generation attributes obligations under Illinois law or in any other jurisdiction; and that it has made no representation, in writing or otherwise, that any third-party has received, or has obtained any right to, such RECs that are inconsistent with the rights being acquired by Buyer hereunder; (iii) no RECs from the Project issued by PJM EIS GATS or M-RETS were willfully withheld or sold or otherwise transferred to another party pursuant to Section 4.1(g); and (iv) the Product is Regulatorily Continuing and complies with the Applicable Program.

Additional Warranties of Seller. ‌ (a) Upon the Date of First Operations of the Project, Seller represents and warrants to Buyer upon the Date of First Operation and on each Delivery Date through the expiry of the Delivery Term that all governmental and other authorizations, approvals, consents, notices and filings that are required to have been obtained or submitted by it with respect to performing this Agreement have been obtained or submitted and are in full force and effect and all conditions thereof have been complied with. (b) Upon each Delivery, Seller represents and warrants to Buyer as follows: (i) at the time of Delivery, Seller has the right to convey title to any and all of the RECs Delivered to Buyer in accordance with this Agreement free and clear of any and all liens or other encumbrances or title defects; (ii) Seller has sold and transferred the RECs once and only once exclusively to Buyer; the RECs and any other Environmental Attributes sold hereunder have not expired and have not been, nor will be retired, claimed or represented as part of electricity output or sale, or used to satisfy any renewable energy or other carbon or renewable generation attributes obligations under Illinois law or in any other jurisdiction; and that it has made no representation, in writing or otherwise, that any third-party has received, or has obtained any right to, such RECs that are inconsistent with the rights being acquired by Buyer hereunder; (iii) no RECs from the Project issued by PJM PJM-EIS GATS or M-RETS were willfully withheld or sold or otherwise transferred to another party pursuant to Section 4.1(g4.1(f); and (iv) the Product is Regulatorily Continuing and complies with the Applicable Program.

Additional Warranties of Seller. ‌ (a) Upon the Date of First Operations of the Project, Seller represents and warrants to Buyer upon the Commercial Operation Date and on each Delivery Date through the expiry of the Delivery Term that all governmental and other authorizations, approvals, consents, notices and filings that are required to have been obtained or submitted by it with respect to performing this Agreement have been obtained or submitted and are in full force and effect and all conditions thereof have been complied with. (b) Upon each Delivery, Seller represents and warrants to Buyer as follows: (i) at the time of Delivery, Seller has the right to convey title to any and all of the RECs Delivered to Buyer in accordance with this Agreement free and clear of any and all liens or other encumbrances or title defects; (ii) Seller has sold and transferred the RECs once and only once exclusively to Buyer; the RECs and any other Environmental Attributes sold hereunder have not expired and have not been, nor will be retired, claimed or represented as part of electricity output or sale, or used to satisfy any renewable energy or other carbon or renewable generation attributes obligations under Illinois law or in any other jurisdiction; and that it has made no representation, in writing or otherwise, that any third-party has received, or has obtained any right to, such RECs that are inconsistent with the rights being acquired by Buyer hereunder; (iii) no RECs from the Project issued by PJM PJM-EIS GATS or M-RETS were willfully withheld or sold or otherwise transferred to another party pursuant to Section 4.1(g4.1(f); and (iv) the Product is Regulatorily Continuing and complies with the Applicable Program.