ERGS SC Material Misrepresentation Sample Clauses

ERGS SC Material Misrepresentation. If ERGS SC knowingly or recklessly misrepresents in a material respect information in the officer’s certificate provided by ERGS SC to MGE Power and/or WPPI pursuant to Section 4.3(c), then MGE Power and WPPI shall each have the right, upon written notice to ERGS SC, to withdraw from the Project and this Agreement pursuant to this Section 12.2(c). Neither MGE Power nor WPPI shall be entitled to exercise its rights under this Section 12.2(c) unless (A) such Unit 1 Owner has delivered to ERGS SC the written notice provided for above no later than the date that is 730 days after its respective Closing Date and (B) such written notice contains a detailed description of the information in the officer’s certificate provided by ERGS SC to MGE Power and/or WPPI pursuant to Section 4.3(c) which it believes ERGS SC knowingly or recklessly misrepresented in a material respect.