Common use of ASSUMPTION AND AGREEMENT Clause in Contracts

ASSUMPTION AND AGREEMENT. 1. From and after the Effective Date set forth below, Customer hereby assumes and agrees to be subject to, and to perform the duties and obligations under, the contracts checked in Section 2, Recital B above, and any ancillary contracts and agreements (collectively, the “Contracts”). Specifically, as it pertains to the Interconnection Agreement and the 10 kW Inverter Application, if and as checked in Section 2, Recital B above, Customer hereby assumes and agrees to be subject to the obligations imposed upon, and to perform the duties and obligations of, the “Interconnection Customer” as defined therein. As it pertains to the Schedule Q Agreement, the Net Energy Metering Agreement and the Net Energy Metering Pilot Program Application and Agreement, if and as checked in Section 2, Recital B above, Customer hereby assumes and agrees to be subject to the obligations imposed upon, and to perform the duties and obligations of, the “Eligible Customer-Generator” as defined therein. Any claim, liability or obligation arising out of any breach of such Contracts by Customer or any act or omission of Customer, to the extent occurring on or after the Effective Date, shall be the sole responsibility of Customer.