Comverge. Comverge hereby represents and warrants the following:
Comverge s dissolution or liquidation; provided, however, that a reorganization of Comverge into other or multiple entities shall not constitute dissolution or liquidation if Comverge continues to guarantee performance under the Agreement;
Comverge is a corporation duly organized under the laws of the State of Delaware. Comverge is qualified to do business in each jurisdiction where the failure to so qualify would have a material adverse effect on the business or financial condition of Comverge. Comverge has all requisite power and authority to conduct its business, to own its properties, and to execute, deliver and perform its obligations under this Agreement.
Comverge will provide a comprehensive training and testing program that ensures that each installer knows both the technical and customer service aspects of the job.
Comverge s technicians will not only be trained in the technical side of the installation, but will also be trained and equipped for customer service.
Comverge will perform all installations in a professional, workmanlike manner according to the National Electric Code (NEC).
Comverge shall prepare and submit to PNM monthly invoices within ten (10) days of the end of the Program Month showing (i) a verified list of Control Devices installed in the previous month, (ii) a cumulative list of Control Devices installed since the beginning of that Program Year, and (iii) Demand Reduction per switch, which shall be determined from the previous Program Year’s M&V Event(s). The monthly invoices shall be calculated pursuant to Appendix B. Data in items (i) and (ii) shall be provided in an electronic format agreeable to both Parties.
Comverge s filing of a petition in bankruptcy or insolvency or for reorganization or arrangement under the bankruptcy laws of the United States or under any insolvency act of any state, or Comverge voluntarily taking advantage of any such law or act by answer or otherwise; or
Comverge has the expertise, experience and qualifications to perform its obligations under this Agreement, including an understanding of PNM’s needs and the requirements of the Efficient Use of Energy Act.
Comverge possesses all ownership of intellectual property rights required to be used in connection with Comverge’s performance of its obligations under this Agreement.
