Designated Fund. The City is a municipal corporation and is precluded under the California State Constitution and applicable law from entering into obligations that financially bind future governing bodies without an appropriation for such obligation, and, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the City to appropriate funds for purposes of the Agreement; provided, however, that (i) the City has created and set aside a designated operating fund for San Xxxx Clean Energy as further described in Section 4.80.4050 of the City of San Xxxx Municipal Code (the “Designated Fund”) for payment of its obligations under this Agreement, (ii) as set forth in Section 4.80.4060 of the City of San Xxxx Municipal Code, all monies derived from operation of San Xxxx Clean Energy, including revenues from sale of electricity, payments from other entities, and any financing proceeds associated with San Xxxx Clean Energy will be deposited in the Designated Fund, and (iii) subject to the requirements and limitations of applicable law and taking into account other available money specifically authorized by the San José City Council and allocated and appropriated to the San Xxxx Clean Energy’s obligations, the City agrees to establish San Xxxx Clean Energy rates and charges that are sufficient to maintain revenues in the Designated Fund necessary to pay its obligations under this Agreement and all of the City’s payment obligations under its other contracts for the purchase of energy for San Xxxx Clean Energy. The City shall provide Consultant with reasonable access to account balance information with respect to the San Xxxx Clean Energy Designated Fund during the Term.
Designated Fund. Buyer’s payment obligations under this Agreement shall be paid from a Department of Community Energy designated fund (“Designated Fund”) that shall be used solely for San Xxxx Clean Energy costs and expenses, including the obligations under this Agreement. Subject to the requirements and limitations of Applicable Law and taking into account other available money specifically authorized by the San Xxxx City Council and allocated and appropriated to the San Xxxx Clean Energy’s obligations, the Buyer agrees to establish San Xxxx Clean Energy rates and charges that are sufficient to maintain revenues in the Designated Fund necessary to pay its obligations under this Agreement and all of Buyer’s payment obligations under its other contracts for the purchase of energy for San Xxxx Clean Energy. Buyer shall provide Seller with reasonable access to account balance information with respect to the San Xxxx Clean Energy Designated Fund during the Term. Limited Obligations. Buyer’s payment obligations are special limited obligations of the Buyer payable solely from the Designated Fund. Buyer’s payment obligations under this Agreement are not a charge upon the revenues or general fund of the City of San Xxxx or upon any non- San Xxxx Clean Energy moneys or other property of the Community Energy Department or the City of San Xxxx.
Designated Fund. Purchaser’s payment obligations under this Agreement shall be paid from a Department of Community Energy designated fund that shall be used solely for San Xxxx Clean Energy costs and expenses, including the obligations under this Agreement. Subject to the requirements and limitations of Applicable Law and taking into account other available money specifically authorized by the San Xxxx City Council and allocated and appropriated to the San Xxxx Clean Energy’s obligations, the Purchaser agrees to establish San Xxxx Clean Energy rates and charges that are sufficient to maintain revenues in the designated fund necessary to pay its obligations under this Agreement and all of Purchaser’s payment obligations under its other contracts for the purchase of energy for San Xxxx Clean Energy. Purchaser shall provide Seller with reasonable access to account balance information with respect to the San Xxxx Clean Energy designated fund during the Term.
Designated Fund. City of San Xxxx is a municipal corporation and is precluded under the California State Constitution and applicable law from entering into obligations that financially bind future governing bodies, and, therefore, nothing in the Agreement shall constitute an obligation of future legislative bodies of the City to appropriate funds for purposes of the Agreement; provided, however, that (i) City of San Xxxx has created and set aside a designated fund (the “Designated Fund”) for payment of its obligations under the Agreement and (ii) subject to the requirements and limitations of applicable law and taking into account other available money specifically authorized by the San Xxxx City Council and allocated and appropriated to the San Xxxx Clean Energy’s obligations, City of San Xxxx agrees to establish San Xxxx Clean Energy rates and charges that are sufficient to maintain revenues in the Designated Fund necessary to pay its obligations under this Agreement and all of City of San José’s payment obligations under its other contracts for the purchase of energy for San Xxxx Clean Energy. City of San Xxxx shall provide Seller with reasonable access to account balance information with respect to the San Xxxx Clean Energy Designated Fund during the Term. Limited Obligations. City of San José’s payment obligations under the Agreement are special limited obligations of City of San Xxxx payable solely from the Designated Fund and are not a charge upon the revenues or general fund of the City of San Xxxx or upon any non- San Xxxx Clean Energy moneys or other property of the Community Energy Department or the City of San Xxxx.
Designated Fund. Buyer is a municipal corporation and is precluded under the California State Constitution and applicable law from entering into obligations that financially bind future governing bodies without an appropriation for such obligation, and, therefore, nothing in the Agreement shall constitute an obligation of future legislative bodies of the City to appropriate funds for purposes of the Agreement; provided, however, that (i) Buyer has created and set aside a designated fund (the "Designated Fund") for payment of its obligations under the Agreement and (ii) subject to the requirements and limitations of applicable law and taking into account other available money specifically authorized by the San Xxxx City Council and allocated and appropriated to the San Xxxx Clean Energy's obligations, Xxxxx agrees to establish San Xxxx Clean Energy rates and charges that are sufficient to maintain revenues in the Designated Fund necessary to pay its obligations under this Agreement and all of Buyer's payment obligations under its other contracts for the purchase of energy for San Xxxx Clean Energy. Buyer shall provide Seller with reasonable access to account balance information with respect to the San Xxxx Clean Energy Designated Fund during the Term. Limited Obligations. Buyer's payment obligations under the Agreement are special limited obligations of the Buyer payable solely from the Designated Fund and are not a charge upon the revenues or general fund of the City of San Xxxx or upon any non- San Xxxx Clean Energy moneys or other property of the Community Energy Department or the City of San Xxxx.
Designated Fund. City of San Xxxx is a municipal corporation and is precluded under the California State Constitution and applicable law from entering into obligations that financially bind future governing bodies, and, therefore, nothing in the Agreement shall constitute an obligation of future legislative bodies of the City to appropriate funds for purposes of the Agreement; provided, however, that (i) City of San Xxxx has created and set aside a designated fund (the “Designated Fund”) for payment of its obligations under the Agreement and (ii) subject to the requirements and limitations of applicable law and taking into account other available money specifically authorized by the San José City Council and allocated and appropriated to the San Xxxx Clean Energy’s obligations, City of San Xxxx agrees to establish San Xxxx Clean Energy rates and charges that are sufficient to maintain revenues in the Designated Fund necessary to pay its obligations under this Agreement and all of City of San José’s payment obligations under its other contracts for the purchase of energy for San Xxxx Clean Energy. City of San Xxxx shall provide Seller with reasonable access to account balance information with respect to the San Xxxx Clean Energy Designated Fund during the Term. Limited Obligations. City of San José’s payment obligations under the Agreement are special limited obligations of City of San Xxxx payable solely from the Designated Fund and are not a charge upon the revenues or general fund of the City of San Xxxx or upon any non- San Xxxx Clean Energy moneys or other property of the Energy Department or the City of San Xxxx. Purchase Option Seller hereby grants Buyer the exclusive right, but not the obligation, to purchase the Facility at a price equal to the fair market value of the Facility determined in a commercially reasonable manner by a Third-Party Independent Evaluator, as defined below (the “Purchase Option”). All costs related to the appraisal shall be borne by Seller. The Purchase Option may be exercised by Buyer by delivering notice to Seller at least twelve (12) months prior to the end of the Delivery Term, with closing to occur on the day after the last day of the Delivery Term. Other Standard Contract Terms to be included in the PPA: Event of Default: Events of Default shall include, but not be limited to, failure to pay any amounts when due, breach of representations and warranties, failure to perform covenants and material obligations in the PPA, bankruptcy, assi...
Designated Fund. Buyer is a municipal corporation and is precluded under the California State Constitution and applicable law from entering into obligations that financially bind future governing bodies without an appropriation for such obligation, and, therefore, nothing in the Agreement shall constitute an obligation of future legislative bodies of the City to appropriate funds for purposes of the Agreement; provided, however, that (i) Buyer has created and set aside a designated fund (the "Designated Fund") for payment of its obligations under the Agreement and (ii) subject to the requirements and limitations of applicable law and taking into account other available money specifically authorized by the San José City Council and allocated and appropriated to the San Xxxx Clean Energy's obligations, Xxxxx agrees to establish San Xxxx Clean Energy rates and charges that are sufficient to maintain revenues in the Designated Fund necessary to pay its obligations under this Agreement and all of Buyer's payment obligations under its other contracts for the purchase of energy for San Xxxx Clean Energy. Buyer shall provide Seller with reasonable access to account balance information with respect to the San Xxxx Clean Energy Designated Fund during the Term. Limited Obligations. Buyer's payment obligations under the Agreement are special limited obligations of the Buyer payable solely from the Designated Fund and are not a charge upon the revenues or general fund of the City of San Xxxx or upon any non- San Xxxx Clean Energy moneys or other property of the Energy Department or the City of San Xxxx. City of San Xxxx Standard Provisions: Nondiscrimination/Non-Preference. Seller shall comply with all laws and agrees to not discriminate against or grant preferential treatment to any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity or national origin. This prohibition applies to recruiting, hiring, demotion, layoff, termination, compensation, fringe benefits, advancement, training, apprenticeship and other terms, conditions, or privileges of employment, subcontracting and purchasing. Seller will include in each subcontract entered into after the Effective Date of this Agreement these same obligations. This prohibition is not intended to preclude Seller from providing a reasonable accommodation to a person with a disability.
Designated Fund. CleanPowerSF payment obligations under this BLPTA are special limited obligations of CleanPowerSF payable solely from the revenues of CleanPowerSF. CleanPowerSF’s payment obligations under this BLPTA are not a charge upon the revenues or general fund of the San Francisco Public Utility Commission (“SFPUC”) or the City and County of San Francisco or upon any non- CleanPowerSF moneys or other property of the SFPUC or the City and County of San Francisco.
Designated Fund. Purchaser is a municipal corporation and is precluded under the California State Constitution and applicable law from entering into obligations that financially bind future governing bodies, and, therefore, nothing in the Agreement shall constitute an obligation of future legislative bodies of the City to appropriate funds for purposes of the Agreement; provided, however, that (i) Purchaser has created and set aside a designated fund (the “Designated Fund”) for payment of its obligations under the Agreement and (ii) subject to the requirements and limitations of applicable law and taking into account other available money specifically authorized by the San José City Council and allocated and appropriated to the San Xxxx Clean Energy’s obligations, Purchaser agrees to establish San Xxxx Clean Energy rates and charges that are sufficient to maintain revenues in the Designated Fund necessary to pay its obligations under this Agreement and all of Purchaser’s payment obligations under its other contracts for the purchase of energy for San Xxxx Clean Energy. Purchaser shall provide Seller with reasonable access to account balance information with respect to the San Xxxx Clean Energy Designated Fund during the Term.
Designated Fund. Purchaser’s payment obligations under this Agreement shall be paid from a Department of Community Energy designated fund that shall be used solely for San Xxxx Clean Energy costs and expenses, including the obligations under this Agreement. Purchaser agrees to establish San Xxxx Clean Energy rates and charges that are sufficient to maintain revenues in the designated fund necessary to pay its obligations under this Agreement and all of Purchaser’s payment obligations under its other contracts for the purchase of energy for San Xxxx Clean Energy. Purchaser shall provide Seller with reasonable access to account balance information with respect to the San Xxxx Clean Energy designated fund during the Term.
