Common use of Eligible Activities Clause in Contracts

Eligible Activities. 6.1 The Grant Activities eligible for reimbursement are those contained in the Scope of Work. 6.2 The information and data the PERFORMING PARTY submitted in the Application may have been revised after submittal to TCEQ, to ensure that the information in the Application is accurate. By signing this Contract, the PERFORMING PARTY acknowledges that it has reviewed the Scope of Work and agrees to all representations contained within the Scope of Work. The PERFORMING PARTY agrees to complete all Grant Activities as described in the Scope of Work and in accordance with the Contract. The PERFORMING PARTY acknowledges that failure to complete all Grant Activities may require a return of grant funds to TCEQ. 6.3 TCEQ may accept performance of a reduced number of the individual Grant Activities or other changes to the Scope of Work at its sole discretion and reimburse the PERFORMING PARTY for only those Grant Activities for which eligible purchases are completed. 6.3.1 If the changes to the Scope of Work result in lower than estimated NOX reductions, TCEQ may reduce the grant amount to achieve the same cost per ton from the original Application. 6.3.2 If the changes to the Scope of Work result in greater than estimated NOX reductions, TCEQ will not reimburse more than the grant amount. 6.4 Any costs associated with the Grant Equipment may not have been paid prior to the program opening date as shown on the RFGA. 6.5 The Grant Equipment is listed in the Scope of Work. The NOX emissions of the engine must conform with the NOX emissions listed in the Application. The PERFORMING PARTY may substitute a newer model year replacement equipment for the equipment listed in the Scope of Work provided that the substitute equipment meets all eligibility and other requirements, is of the same weight category, is certified to the same or better NOX emissions rate, and will result in the same or better NOX emissions reductions as the equipment listed. The PERFORMING PARTY must seek prior written approval from TCEQ for any substitution as described in the Scope of Work. 6.6 The PERFORMING PARTY understands that, in some cases, engines of the same make, model, and model year may be certified to different NOX emissions standards. 6.7 The PERFORMING PARTY understands that TCEQ’s approval of the Application does not constitute final verification that an engine meets the required certified NOX emissions rate of the Grant Equipment for cost reimbursement purposes. 6.8 The PERFORMING PARTY agrees to continuously own, lease, or otherwise commercially finance the Grant Equipment; continuously maintain registration of the Grant Equipment in Texas; and operate the Grant Equipment in Texas for the specified Activity Life, regardless of the financing arrangements used for the purchase of the Grant Equipment. 6.8.1 The PERFORMING PARTY agrees that any Refueling Infrastructure Xxxxx Equipment must be owned and not leased.

Eligible Activities. 6.1 The Grant Activities eligible for reimbursement are those contained in the Scope of Work. 6.2 The information and data the PERFORMING PARTY submitted in the Application may have been revised after submittal to TCEQ, to ensure that the information in the Application is accurate. By signing this Contract, the PERFORMING PARTY acknowledges that it has reviewed the Scope of Work and agrees to all representations contained within the Scope of Work. The PERFORMING PARTY agrees to complete all Grant Activities as described in the Scope of Work and in accordance with the Contract. The PERFORMING PARTY acknowledges that failure to complete all Grant Activities may require a return of grant funds to TCEQ. 6.3 TCEQ may accept performance of a reduced number of the individual Grant Activities or other changes to the Scope of Work at its sole discretion and reimburse the PERFORMING PARTY for only those Grant Activities for which eligible purchases are completed. 6.3.1 If the changes to the Scope of Work result in lower than estimated NOX reductions, TCEQ may reduce the grant amount to achieve the same cost per ton from the original Application. 6.3.2 If the changes to the Scope of Work result in greater than estimated NOX reductions, TCEQ will not reimburse more than the grant amount. 6.4 Any costs associated with the Grant Equipment may not have been paid prior to the program opening date as shown on the RFGA. 6.5 The Grant Equipment is listed in the Scope of Work. The NOX emissions of the engine must conform with the NOX emissions listed in the Application. The PERFORMING PARTY may substitute a newer model year replacement equipment for the equipment listed in the Scope of Work provided that the substitute equipment unit meets all eligibility and other requirements, is of the same weight category, is certified to the same or better NOX emissions rate, and will result in the same or better NOX emissions reductions as the equipment listed. The PERFORMING PARTY must seek prior written approval from TCEQ for any substitution as described in the Scope of Work. 6.6 The PERFORMING PARTY understands that, in some cases, engines of the same make, model, and model year may be certified to different NOX emissions standards. 6.7 The PERFORMING PARTY understands that TCEQ’s approval of the Application does not constitute final verification that an engine meets the required certified NOX emissions rate of the Grant Equipment for cost reimbursement purposes. 6.8 The PERFORMING PARTY agrees to continuously own, lease, or otherwise commercially finance the Grant Equipment; continuously maintain registration of the Grant Equipment in Texas; and operate the Grant Equipment in Texas for the specified Activity Life, regardless of the financing arrangements used for the purchase of the Grant Equipment. 6.8.1 The PERFORMING PARTY agrees that any Refueling Infrastructure Xxxxx Equipment must be owned and not leased.

Eligible Activities. 6.1 The Grant Activities eligible for reimbursement are those contained in the Scope of Work. 6.2 The information and data the PERFORMING PARTY submitted in the Application may have been revised after submittal to TCEQ, to ensure that the information in the Application is accurate. By signing this Contract, the PERFORMING PARTY acknowledges that it has reviewed the Scope of Work and agrees to all representations contained within the Scope of Work. The PERFORMING PARTY agrees to complete all Grant Activities as described in the Scope of Work and in accordance with the Contract. The PERFORMING PARTY acknowledges that failure to complete all Grant Activities may require a return of grant funds to TCEQ. 6.3 TCEQ may accept performance of 6.2 For replacement activities, the equipment being purchased under a reduced number of the individual Grant Activities or other changes to the Scope of Work at its sole discretion and reimburse the PERFORMING PARTY for only those Grant Activities for which eligible purchases are completed. 6.3.1 If the changes to the Scope of Work result in lower than estimated NOX reductions, TCEQ may reduce the grant amount to achieve the same cost per ton from the original Application. 6.3.2 If the changes to the Scope of Work result in greater than estimated NOX reductions, TCEQ will not reimburse more than the grant amount. 6.4 Any costs associated with the Grant Equipment may not have been paid acquired prior to the program opening of the grant application period, unless otherwise authorized in writing by the TCEQ 6.3 For activities other than replacement activities, eligible costs submitted for reimbursement under a grant may not have been incurred prior to 12 months before the end date as shown on of the RFGAapplication period, unless otherwise authorized in writing by the TCEQ. 6.5 6.4 The Grant Equipment is listed in the Scope of Work. The NOX emissions of the engine must conform with the NOX emissions emission listed in the Application. The PERFORMING PARTY may substitute a newer model year replacement equipment for the equipment unit listed in the Scope of Work Work, provided that the substitute equipment unit meets all eligibility and other requirements, is of the same weight category, is certified to the same or better NOX emissions rate, and will result in the same or better NOX emissions reductions as the equipment unit listed. The PERFORMING PARTY must seek prior written approval from TCEQ for any substitution as described in the Scope of Work. 6.6 6.5 The PERFORMING PARTY understands that, in some cases, engines of the same make, model, and model year may be certified to different NOX emissions standards. 6.7 6.6 The PERFORMING PARTY understands that the TCEQ’s 's approval of the Application does not constitute final verification that an engine meets the required certified NOX emissions rate of rate. 6.7 The TCEQ, at its sole discretion, will reimburse the PERFORMING PARTY for only those Grant Activities for which eligible purchases are completed. This may result in a reduction in the Grant Equipment Activities listed in the Scope of Work. This does not affect or waive the usage or reporting requirements for cost reimbursement purposesthe reimbursed Grant Activities. 6.8 The PERFORMING PARTY agrees to continuously own, lease, or otherwise commercially finance the Grant Equipment; continuously maintain registration of the Grant Equipment in Texas; and operate the Grant Equipment in Texas for the specified Activity Life, regardless of the financing arrangements used for the purchase of the Grant Equipment. 6.8.1 The PERFORMING PARTY agrees that any Refueling Infrastructure Xxxxx Equipment must be owned and not leased.

Eligible Activities. 6.1 The PERFORMING PARTY agrees to complete all Grant Activities eligible for reimbursement are those contained as described in the Scope of WorkWork and in accordance with the Contract. 6.2 The information and data the PERFORMING PARTY submitted in the Application may have been revised after submittal to the TCEQ, to ensure that the information in the Application is accurate. By signing this Contract, the PERFORMING PARTY acknowledges that it has reviewed the Scope of Work and agrees to all representations contained within the Scope of Work. The PERFORMING PARTY agrees to complete all Grant Activities as described in the Scope of Work and in accordance with the Contract. The PERFORMING PARTY acknowledges that failure to complete all Grant Activities may require a return of grant funds to TCEQ. 6.3 The TCEQ may accept performance of a reduced number of the individual Grant Activities or other changes to the Scope of Work at its sole discretion and reimburse the PERFORMING PARTY for only those Grant Activities for which eligible purchases are completed. 6.3.1 If the changes to the Scope of Work result in lower than estimated NOX reductions, TCEQ may reduce the grant amount to achieve the same cost per cost-per-ton from the original Application. 6.3.2 If the changes to the Scope of Work result in greater than estimated NOX reductions, TCEQ will not reimburse more than the grant amount. 6.4 Any For replacement activities, any costs associated with the Grant Equipment grant equipment may not have been paid prior to the program opening date as shown on of the RFGA. 6.5 The Grant Equipment is listed in the Scope of Work. The NOX emissions of the engine must conform with the NOX emissions listed in the Application. The PERFORMING PARTY PARTY, with written approval from TCEQ’s Project Representative or designee, may substitute a newer model year replacement equipment for the equipment unit listed in the Scope of Work provided that the substitute equipment unit meets all eligibility and other requirements, is of the same weight category, is certified to has the same or better certified NOX emissions rate, and will result in the same or better NOX emissions reductions as the equipment unit listed. The PERFORMING PARTY must seek prior written approval from TCEQ for any substitution as described in the Scope of Work. 6.6 The PERFORMING PARTY understands that, in some cases, engines of the same make, model, and model year may be certified to different NOX emissions standards. 6.7 The PERFORMING PARTY understands that the TCEQ’s approval of the Application does not constitute final verification that an engine meets the required certified NOX emissions rate of the Grant Equipment for cost reimbursement purposesrate. 6.8 The PERFORMING PARTY agrees to continuously own, lease-to-purchase, or otherwise commercially finance the Grant Equipment; continuously maintain registration of the Grant Equipment in Texas; and operate the Grant Equipment in Texas for the specified Activity Life, regardless of the financing arrangements used for the purchase of the Grant Equipment. 6.8.1 The PERFORMING PARTY agrees that any Refueling Infrastructure Xxxxx Equipment must be owned and not leased.

Eligible Activities. 6.1 The Grant Activities eligible for reimbursement are those contained in the Scope of Work. 6.2 The information and data the PERFORMING PARTY submitted in the Application may have been revised after submittal to TCEQ, to ensure that the information in the Application is accurate. By signing this Contract, the PERFORMING PARTY acknowledges that it has reviewed the Scope of Work and agrees to all representations contained within the Scope of Work. The PERFORMING PARTY agrees to complete all Grant Activities as described in the Scope of Work and in accordance with the Contract. The PERFORMING PARTY acknowledges that failure to complete all Grant Activities may require a return of grant funds to TCEQ. 6.3 6.2 The TCEQ may accept performance of a reduced number of the individual Grant Activities or other changes to listed in the Scope of Work Work, at its sole discretion and reimburse the discretion. The PERFORMING PARTY will only be reimbursed for only those incurred, eligible Grant Activities for which eligible purchases are completedActivity purchases. 6.3.1 6.2.1 If the changes to the Scope of Work result in lower than estimated NOX reductions, TCEQ may reduce the grant amount to achieve the same cost per cost-per-ton from the original Application. 6.3.2 6.2.2 If the changes to the Scope of Work result in greater than estimated NOX reductions, TCEQ will not reimburse more than the grant amount. 6.4 Any costs associated with 6.3 For replacement activities, the Grant Equipment equipment being purchased under a grant may not have been paid acquired prior to the program opening date as shown on of the RFGAgrant application period, unless otherwise authorized in writing by the TCEQ. 6.5 6.4 The Grant Equipment is listed in the Scope of Work. The NOX emissions of the engine engines must conform with the NOX emissions listed in the Application. The PERFORMING PARTY may substitute a newer model year replacement equipment for the equipment unit listed in the Scope of Work Work; provided that the substitute equipment unit meets all eligibility and other requirements, is of the same weight category, is certified to the same or better NOX emissions rate, and will result in the same or better NOX emissions reductions as the equipment unit listed. The PERFORMING PARTY must seek prior written approval from TCEQ for any substitution as described in the Scope of Work. 6.6 6.5 The PERFORMING PARTY understands that, in some cases, engines of the same make, model, and model year may be certified to different NOX emissions standards. 6.7 6.6 The PERFORMING PARTY understands that the TCEQ’s 's approval of the Application does not constitute final verification that an engine meets the required certified NOX emissions rate of the Grant Equipment for cost reimbursement purposesrate. 6.8 6.7 The PERFORMING PARTY agrees to continuously own, lease, or otherwise commercially finance the Grant Equipment; continuously maintain registration of the Grant Equipment in Texas; and operate the Grant Equipment in Texas for the specified Activity Life, regardless of the financing arrangements used for the purchase of the Grant Equipment. 6.8.1 The PERFORMING PARTY agrees that any Refueling Infrastructure Xxxxx Equipment must be owned and not leased.