Customer Representations. Customer hereby represents and warrants to Company that the following statements are true and correct as of the Effective Date and will be true and correct at the time of any transfer by Customer to Company of any RECs hereunder: 10.1. Customer is the true and lawful owner of, and has good title to, all RECs transferred from Customer to Company hereunder, free and clear of all liens and encumbrances; 10.2. Each REC transferred from Customer to Company hereunder meets the requirements of the REST; 10.3. Neither Customer nor, to Customer’s knowledge, any third party has sold, traded, assigned or otherwise transferred any RECs to be transferred from Customer to Company hereunder to any party other than Company; 10.4. Customer has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder, including, without limitation, the transfer of any RECs to Company; and 10.5. Customer is in full compliance with all applicable federal, state and local laws, regulations, ordinances and codes governing the production and/or sale of electricity.
Appears in 5 contracts
Samples: Up Front Incentive Renewable Energy Credit Purchase Agreement, Up Front Incentive Renewable Energy Credit Purchase Agreement, Up Front Incentive Renewable Energy Credit Purchase Agreement
Customer Representations. Customer hereby represents and warrants to Company that the following statements are true and correct as of the Effective Date and will be true and correct at the time of any transfer by Customer to Company of any RECs hereunder:
10.19.1. Customer is the true and lawful owner of, and has good title to, all RECs transferred from Customer to Company hereunder, free and clear of all liens and encumbrances;
10.29.2. Each REC transferred from Customer to Company hereunder meets the requirements of the REST;
10.39.3. Neither Customer nor, to Customer’s knowledge, any third party has sold, traded, assigned or otherwise transferred any RECs to be transferred from Customer to Company hereunder to any party other than Company;
10.49.4. Customer has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder, including, without limitation, the transfer of any RECs to Company; and
10.59.5. Customer is in full compliance with all applicable federal, state and local laws, regulations, ordinances and codes governing the production and/or sale of electricity.
Appears in 4 contracts
Samples: Renewable Energy Credit Purchase Agreement, Renewable Energy Credit Purchase Agreement, Renewable Energy Credit Purchase Agreement
