ESCO Obligations Sample Clauses

ESCO Obligations. X. XXXX will provide O&R a single rate ($/kWh and/or $/ccf) to be charged each Customer for each unit of electricity and/or gas supply consumed by that Customer. Rates may differ from Customer to Customer. The rate provided by ESCO will be used by O&R for billing purposes for the next xxxx issued to the Customer and every xxxx thereafter until changed by ESCO no later than 4 business days prior to the Customer’s next scheduled meter read date. X. XXXX will submit the monthly billing information to O&R in an Electronic Data Interchange (“EDI”) format prescribed by O&R identifying the name, O&R account number and unit rate(s) for each Customer. X. XXXX will satisfy all other obligations set forth in the Operating Procedures. X. XXXX will furnish O&R with an affidavit from an officer of ESCO representing that ESCO has notified its current non-residential Customers and will notify its future non-residential Customers that O&R is permitted to disconnect the non-residential Customer for nonpayment of the ESCO charges. ESCO will indemnify O&R for any cost, expense, or penalty if any Customer’s service is discontinued for nonpayment and the Customer establishes that it did not receive such notification. X. XXXX hereby assigns to O&R its rights, subject to all applicable laws and regulations, to require deposits from all of its Customers on and after the effective date of this Agreement.
Sample 1
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ESCO Obligations. During the Construction Period, ESCO shall provide the following: ▪ All necessary services relating to engineering, procurement, construction, startup and commissioning of the ECRMs, and other necessary support in accordance with agreed upon budgets as defined in the IGA ▪ Reasonable instruction and training to the person or persons designated by Owner in the proper operation and maintenance of each ECRM in accordance with budgets agreed to in the IGA
Sample 1
ESCO Obligations. During the Construction Period, ESCO shall: ▪ provide all necessary engineering, procurement, construction, startup and commissioning of the ECRMs, including the negotiation, award and management of all subcontracts ▪ promptly inform Owner of matters which may affect ESCO or Owner’s obligations under this ESA, or which impact the safe operation of the Facilities ▪ coordinate the production of detailed engineering designs and specifications (“Engineering Designs”) that conform to the intent of the FA ▪ coordinate the Construction schedule of the ECRMs with Owner’s personnel and schedule work to minimize disruption ▪ assist Owner in obtaining all applicable licenses, permits and approvals reasonably necessary for construction of the ECRMs ▪ use its best efforts to supply commercially recognized manufactured equipment compatible with Owner’s existing plant so as to keep spare parts, etc., to a minimum; ▪ where applicable, obtain standard warranties from installers and manufacturers on equipment, materials and workmanship ▪ accept delivery of equipment and materials at the Facilities ▪ provide reasonable instruction and training to the person or persons designated by Owner in the proper operation and maintenance of each ECRM, and ▪ provide to Owner all necessary documentation reasonably required by Owner regarding the proper operation and maintenance of each ECRM
Sample 1
ESCO Obligations. A. If the Company permits ESCOs to offer Billing Agency, ESCO may act as Customer’s agent with respect to customer’s account (“Billing Agent”) pursuant to a separate Billing Services Agreement with Con Edison. The agency will be effective as to any customer participating in the Power Your Way Program upon notice to Con Edison and Con Edison’s written confirmation to customer. ESCO shall obtain verifiable authorization from customer and make such authorization available to Con Edison upon reasonable request. Under any of the conditions and in accordance with the process described in the Operating Procedure, Con Xxxxxx may terminate an ESCO’s status as Billing Agent. X. XXXX shall satisfy all other obligations detailed in Section 2.2 of the Operating Procedure and the UBP.
Sample 1

Related to ESCO Obligations

  • Surety Obligations No Borrower or Subsidiary is obligated as surety or indemnitor under any bond or other contract that assures payment or performance of any obligation of any Person, except as permitted hereunder.

  • Excluded Obligations Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent shall not: (a) be bound to enquire as to (i) whether or not any Default has occurred or (ii) the performance, default or any breach by a Transaction Obligor of its obligations under any of the Finance Documents; (b) be bound to account to any other Party for any sum or the profit element of any sum received by it for its own account; (c) be bound to disclose to any other person (including but not limited to any Secured Party) (i) any confidential information or (ii) any other information if disclosure would, or might in its reasonable opinion, constitute a breach of any law or be a breach of fiduciary duty; (d) have or be deemed to have any relationship of trust or agency with, any Obligor.

  • Retained Obligations Provided that the Closing occurs, Seller shall retain (a) all obligations and liabilities of Seller for the payment or improper payment of royalties, rentals and other similar payments under the Leases relating to the Subject Interests to the extent attributable to periods prior to the Effective Time; (b) all obligations of Seller under the Contracts for (i) overhead charges related to periods prior to the Effective Time, (ii) costs and expenses incurred prior to the Effective Time for goods and services provided prior to the Effective Time and (iii) other payment obligations that accrue and become due prior to the Effective Time; (c) all liability of Seller to Third Parties for personal injury or death to the extent occurring prior to the Effective Time as a result of the operation of the Assets; (d)(i) any and all income Taxes, franchise Taxes and similar Taxes imposed by any applicable law on Seller or any of its affiliates, or any combined, unitary, or consolidated group of which any of the foregoing is or was a member, (ii) Asset Taxes allocable to Seller pursuant to Section 9.02 taking into account, and without duplication of, such Asset Taxes effectively borne by Seller pursuant to Section 10.02(b)(iii) or Section 12.02, (iii) any Taxes imposed on or with respect to the ownership or operation of the Excluded Assets, and (iv) and any all other Taxes imposed on or with respect to the ownership or operation of the Assets for any tax period (or portion thereof) ending before the Effective Time; (e) all litigation existing as of the Closing Date, to the extent it relates to the period of time prior to the Effective Time; (f) any offsite disposal of hazardous materials by Seller from the Subject Interests to offsite locations occurring prior to the Effective Time; (g) Seller’s employment relationship with its employees and Seller’s employee benefit plans; (h) all liability of Seller under any credit facilities; (i) all liability of Seller under any hedging, swap, put, call, collar, future, derivative or similar arrangement; and (j) the Excluded Assets (collectively, the “Retained Obligations”, and the items specified in (c), (d), (f), (g), (h), (i), (j) and (k) herein, the “Specified Retained Obligations”).

  • No Obligations This Contract does not create any express or implied obligation that the City: i) reserve or create water or wastewater treatment capacity; ii) approve a permit or connection, which shall be granted only upon compliance with all requirements of law, including City Requirements; iii) offer utility services to any user within the Project; iv) provide a particular quantity. quality, or pressure for the water serving the Project; v) waive or not charge fees that are otherwise applicable pursuant to City Requirements; or vi) approve annexation of the Property or a particular zoning of the Property.

  • Seller Obligations Seller shall (A) arrange and pay independently for any and all necessary costs under any Generator Interconnection Agreement with the Participating Transmission Owner; (B) cause the Interconnection Customer’s Interconnection Facilities, including metering facilities, to be maintained; and (C) comply with the procedures set forth in the GIP and applicable agreements or procedures provided under the GIP in order to obtain the applicable Electric System Upgrades and (D) obtain Electric System Upgrades, as needed, in order to ensure the safe and reliable delivery of Energy from the Project up to and including quantities that can be produced utilizing all of the Contract Capacity of the Project.

  • Prior Obligations I represent that my performance of all terms of this Agreement as a consultant of the Company has not breached and will not breach any agreement to keep in confidence proprietary information, knowledge or data acquired by me prior or subsequent to the commencement of my Relationship with the Company, and I will not disclose to the Company, or use, any inventions, confidential or non-public proprietary information or material belonging to any current or former client or employer or any other party. I will not induce the Company to use any inventions, confidential or non-public proprietary information or material belonging to any current or former client or employer or any other party.

  • Buyer Obligations During the Delivery Term, Buyer shall arrange and be responsible for transmission service, including risk of transmission outage or curtailment, from the Delivery Point and bear all risks and costs associated with such transmission service, including, but not limited to, any transmission outages or curtailment. During the Delivery Term, Buyer shall Schedule or arrange for Scheduling Coordinator services with its Transmission Providers to receive the Product at the Delivery Point. During the Delivery Term, Buyer shall be responsible for all CAISO costs and charges, electric transmission losses and congestion from the Delivery Point.

  • Guaranty Obligations Unless otherwise specified, the amount of any Guaranty Obligation shall be the lesser of the principal amount of the obligations guaranteed and still outstanding and the maximum amount for which the guaranteeing Person may be liable pursuant to the terms of the instrument embodying such Guaranty Obligation.

  • Client Obligations 3.1 The Client warrants and represents that: 3.1.1 it shall co-operate with Centaur as required for the proper performance of the Services; 3.1.2 it shall provide, for Centaur, its agents, subcontractors, consultants and employees, in a timely manner and at no charge, access to the Client's premises during normal office hours (being Monday – Friday 8am – 6pm), office accommodation, data and other facilities as is reasonably required by Centaur or any of them for the proper performance of the Services; 3.1.3 all information it has provided to Centaur in relation to the Services as at the date of the Order Form is accurate, complete and is not misleading and it shall provide, in a timely manner, such further information and Client Material as Centaur may require for the proper performance of the Services, and ensure that such information and Client Material is accurate, complete and not misleading; 3.1.4 it shall be responsible (at its own cost) for preparing and maintaining the relevant premises for the supply of the Services; 3.1.5 it shall inform Centaur of all health and safety rules and regulations and any other reasonable security requirements that apply at any of the Client's premises; 3.1.6 it shall only use the Services for internal business purposes and, without prejudice to the foregoing, shall not use the Services, the Deliverables or any Centaur Materials to develop a product or service that competes with any of the products or services provided by Centaur; 3.1.7 the Client Materials shall not infringe any third party rights, including any third party Intellectual Property Rights; and 3.1.8 it shall obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services, before the date on which the Services are to start. 3.2 If Centaur's performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Client, its agents, subcontractors, consultants or employees, Centaur shall not be liable for any costs, charges or losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay.

  • Purchaser Obligations EXPIRATION. Upon expiration of this Participating Addendum, Purchaser shall accept and take delivery of all outstanding and not yet fulfilled Purchase Orders and pay Contractor the price as set out in the Master Agreement. Notwithstanding any provision to the contrary, in no event shall a Purchaser’s Purchase Order pursuant to this Participating Addendum that is executed prior to expiration of this Participating Addendum allow for Contractor to provide Goods and/or Services more than twelve (12) months beyond the expiration date of the Master Agreement.

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