Common use of Estoppel Clause in Contracts

Estoppel. Either Party hereto, without charge, at any time and from time to time, within five (5) business days after receipt of a written request by the other party hereto, shall deliver a written instrument, duly executed, certifying to such requesting party, or any other person specified by such requesting Party: (i) that this Agreement is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; (ii) whether or not to the knowledge of any such party there are then existing any offsets or defenses in favor of such party against enforcement of any of the terms, covenants and conditions of this Agreement and, if so, specifying the same and also whether or not to the knowledge of such party the other party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; and (iii) such other information as may be reasonably requested by the requesting Party. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has actual knowledge of facts contained in the certificate.

Appears in 31 contracts

Samples: Solar Carport Lease Agreement, Solar Carport Lease Agreement, Solar Power Purchase Agreement

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Estoppel. Either Party party hereto, without charge, at any time and from time to time, within five (5) business days after receipt of a written request by the other party heretoparty, shall deliver a written instrument, duly executed, certifying to such the requesting party, or any other person person, firm or corporation specified by such the requesting Party: party: (ia) that this Agreement is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; ; (iib) whether or not to the knowledge of any such party there are then existing any offsets or defenses in favor of such party against enforcement of any of the terms, covenants and conditions of this Agreement and, if so, specifying the same and also whether or not to the knowledge of such party the other party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; (c) the dates to which amounts due have been paid; and and (iiid) such other information as may be reasonably requested by the requesting Partyparty. Any written instrument certificate given hereunder may be relied upon by the recipient of such instrumentthereof, except to the extent the recipient has actual knowledge of facts contained in the certificatetherein.

Appears in 16 contracts

Samples: Site Lease Agreement, Facilities Lease Agreement, Facilities Lease Agreement

Estoppel. Either Party hereto, without charge, at any time and from time to time, within five (5) business days after receipt of a written request by the other party hereto, shall deliver a written instrument, duly executed, certifying to such requesting party, or any other person specified by such requesting Party: (i) that this Agreement is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; (ii) whether or not to the knowledge of any such party there are then existing any offsets or defenses in favor of such party against enforcement of any of the terms, covenants covenants, and conditions of this Agreement and, if so, specifying the same and also whether or not to the knowledge of such party the other party has observed and performed all of the terms, covenants covenants, and conditions on its part to be observed and performed, and if not, specifying the same; and (iii) such other information as may be reasonably requested by the requesting Party. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has actual knowledge of facts contained in the certificate.and

Appears in 5 contracts

Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement

Estoppel. Either Party hereto, without charge, at any time and from time to time, within five ten (510) business days after receipt of a written request by the other party Party hereto, shall deliver a written instrument, duly executed, certifying to such requesting partyParty, or any other person specified by such requesting Party: (i) that this Agreement is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; (ii) whether or not to the knowledge of any such party Party there are then existing any offsets or defenses in favor of such party Party against enforcement of any of the terms, covenants and conditions of this Agreement and, if so, specifying the same and also whether or not to the knowledge of such party the other party Party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; and (iii) such other information as may be reasonably requested by the requesting Party. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has actual knowledge of facts contained in the certificate.

Appears in 3 contracts

Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement

Estoppel. Either Party hereto, without charge, at any time and from time to time, within five ten (510) business days after receipt of a written request by the other party hereto, shall deliver a written instrument, duly executed, certifying to such requesting party, or any other person specified by such requesting Party: (i) that this Agreement PPA is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; (ii) whether or not to the knowledge of any such party there are then existing any offsets or defenses in favor of such party against enforcement of any of the terms, covenants and conditions of this Agreement PPA and, if so, specifying the same and also whether or not to the knowledge of such party the other party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; and (iii) such other information as may be reasonably requested by the requesting Party. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has actual knowledge of facts contained in the certificate.

Appears in 2 contracts

Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement

Estoppel. Either Party hereto, without charge, at any time and from time to time, within five ten (510) business days after receipt of a written request by the other party hereto, shall deliver a written instrument, duly executed, certifying to such requesting party, or any other person specified by such requesting Party: (i) that this Agreement is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; (ii) whether or not to the knowledge of any such party there are then existing any offsets or defenses in favor of such party against enforcement of any of the terms, covenants and conditions of this Agreement and, if so, specifying the same and also whether or not to the knowledge of such party the other party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; and (iii) such other information as may be reasonably requested by the requesting Party. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has actual knowledge of facts contained in the certificate.

Appears in 2 contracts

Samples: Solar Power Purchase Agreement, Solar Power and Net Energy Billing Credit Purchase and Sale Agreement

Estoppel. Either Party heretoParty, without charge, at any time and from time to time, within five (5) business days after receipt of a written request by the other party heretoParty, shall deliver a written instrument, duly executed, certifying to such requesting partyParty, or any other person person, firm or corporation specified by such requesting Party: : (ia) that That this License Agreement is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; ; (iib) whether or not Whether to the knowledge of any such party Party there are then existing any offsets or defenses in favor of such party Party against enforcement of any of the terms, covenants and conditions of this License Agreement and, if so, specifying the same and also whether or not to the knowledge of such party Party, the other party Party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; and and (iiic) such Such other information as may be reasonably requested by the requesting a Party. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has actual knowledge of facts contained in the certificate.

Appears in 1 contract

Samples: Site Access and License Agreement

Estoppel. Either Party hereto, without charge, at any time and from time to time, within five (5) business days after receipt of a written request by the other party hereto, shall deliver a written instrument, duly executed, certifying to such requesting party, or any other person specified by such requesting Party: (i) that this Development Agreement is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; (ii) whether or not to the knowledge of any such party there are then existing any offsets or defenses in favor of such party against enforcement of any of the terms, covenants and conditions of this Development Agreement and, if so, specifying the same and also whether or not to the knowledge of such party the other party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; and (iii) such other information as may be reasonably requested by the requesting request- ing Party. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has actual knowledge of facts contained con- tained in the certificate.

Appears in 1 contract

Samples: Agreement to Access and Use for Development of Clean Energy

Estoppel. β€Œ Either Party hereto, without charge, at any time and from time to time, within five (5) business days after receipt of a written request by the other party hereto, shall deliver a written instrument, duly executed, certifying to such requesting party, or any other person specified by such requesting Party: (i) that this Development Agreement is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; (ii) whether or not to the knowledge of any such party there are then existing any offsets or defenses in favor of such party against enforcement of any of the terms, covenants and conditions of this Development Agreement and, if so, specifying the same and also whether or not to the knowledge of such party the other party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; and (iii) such other information as may be reasonably requested by the requesting request- ing Party. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has actual knowledge of facts contained con- tained in the certificate.

Appears in 1 contract

Samples: Access and Use Option Agreement

Estoppel. Either Party hereto, without charge, at any time and from time to time, within five (5) business days Business Days after receipt of a written request by the other party hereto, shall deliver a written instrument, duly executed, certifying to such requesting party, or any other person specified by such requesting Party: (i) that this Agreement is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; (ii) whether or not to the knowledge of any such party there are then existing any offsets offsets. breaches or defenses in favor of such party against enforcement of any of the terms, covenants and conditions of this Agreement and, if so, specifying the same and also whether or not to the knowledge of such party the other party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; and (iii) such other information as may be reasonably requested by the requesting Party. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has contrary actual knowledge of facts contained in the certificate.

Appears in 1 contract

Samples: Sales Agreement

Estoppel. Either Party hereto, without charge, at any time and from time to time, within five (5) business days after receipt of a written request by the other party Party hereto, shall deliver a written instrument, duly executed, certifying to such requesting partyParty, or any other person specified by such requesting Party: (i) that this Agreement the Contract is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; (ii) whether or not to the knowledge of any such party Party there are then existing any offsets or defenses in favor of such party Party against enforcement of any of the terms, covenants and conditions of this Agreement the Contract and, if so, specifying the same and also whether or not to the knowledge of such party Party the other party Party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; and (iii) such other information as may be reasonably requested by the requesting Party. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has actual knowledge of facts contained in the certificate.

Appears in 1 contract

Samples: Power Purchase Agreement

Estoppel. Either Party heretoParty, without charge, at any time and from time to time, within five (5) business days Business Days after receipt of a written request by the other party heretoParty, shall deliver a written instrument, duly executed, certifying to such requesting partyParty, or any other person Person specified by such requesting Party: : (ia) that this Agreement Lease is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; ; (iib) whether or not to the knowledge of any such party Party there are then existing any offsets or defenses in favor of such party Party against enforcement of any of the terms, covenants and conditions of this Agreement Lease and, if so, specifying the same and also whether or not to the knowledge of such party Party the other party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; and ; (iiic) such other information as may be reasonably requested by the requesting Partya Party hereto. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has actual knowledge of facts contrary to the facts contained in the certificate.

Appears in 1 contract

Samples: Solar Power Purchase Agreement

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Estoppel. Either Party heretoParty, without charge, at any time and from time to time, within five fifteen (515) business days after receipt of a written request by the other party heretoParty, shall deliver a written instrument, duly executed, certifying to such requesting partyParty, or any other person person, firm, or corporation specified by such requesting Party: (i) that this Easement Agreement is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; (ii) whether or not to the knowledge of any such party there are then existing any offsets or defenses in favor of such party the delivering Party against enforcement of any of the terms, covenants and conditions of this Easement Agreement and, if so, specifying the same and also whether or not to the knowledge of such party the other party requesting Party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; and (iii) such other information as may be reasonably requested by the requesting Partya Party hereto. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has actual knowledge of facts contained in the certificate.

Appears in 1 contract

Samples: Solar Easement and License Agreement

Estoppel. Either Party heretoParty, without charge, at any time and from time to time, within five ten (510) business days after receipt of a written request by the other party heretoParty, shall deliver a written instrument, duly executed, executed and certifying to such the requesting partyParty, or any other person Person specified by such requesting Party: : (ia) that That this Agreement is unmodified as of such date and in full force and effect, or if there has been any modification, that the same is in full force and effect as of such date as so modified, and identifying any such modification; ; (iib) whether or not Whether to the knowledge of any such party Party there are then existing any offsets or defenses in favor of such party Party against enforcement of any of the terms, covenants and conditions of this Agreement and, if so, specifying the same and also whether or not to the knowledge of such party Party, the other party requesting Party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; and and (iiic) such Such other information as may be reasonably requested by the requesting a Party. Any written instrument given hereunder may be relied upon by the recipient of such instrument, instrument except to the extent the recipient has actual knowledge of facts contained in the certificate.

Appears in 1 contract

Samples: Solar Power Purchase Agreement

Estoppel. Either Party hereto, without charge, at any time and from time to time, within five (5) business days after receipt of a written request by the other party Party hereto, shall deliver a written instrument, duly executed, certifying to such requesting partyParty, or any other person person, firm or corporation specified by such requesting Party: : (ia) that That this Agreement Lease is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; ; (iib) whether Whether or not to the knowledge of any such party Party there are then existing any offsets or defenses in favor of such party Party against enforcement of any of the terms, covenants and conditions of this Agreement Lease and, if so, specifying the same and also whether or not to the knowledge of such party Party the other party Party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; (c) The dates to which amounts due have been paid; and and (iiid) such Such other information as may be reasonably requested by the requesting Party. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has actual knowledge of facts contained in the certificatea Party hereto.

Appears in 1 contract

Samples: Power Purchase Agreement

Estoppel. Either Party hereto, without charge, at any time and from time to time, within five (5) business days Business Days after receipt of a written request by the other party Party hereto, shall deliver a written instrument, duly executed, certifying to such requesting partyParty, or any other person specified by such requesting Party: (i) that this Agreement is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; (ii) whether or not to the knowledge of any such party Party there are then existing any offsets or defenses in favor of such party Party against enforcement of any of the terms, covenants and conditions of this Agreement and, if so, specifying the same and also whether or not to the knowledge of such party Party the other party Party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; and (iii) such other information as may be reasonably requested by the requesting Party. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has actual knowledge of facts contained in the certificate.

Appears in 1 contract

Samples: Renewable Energy Certificate Purchase Agreement

Estoppel. Either Each Party hereto, without charge, at any time and from time to time, within five twenty (520) business days after receipt of a written request by the other party another Party hereto, shall deliver a written instrument, duly executed, certifying to such requesting party, or any other person specified by such requesting Partycertifying: (i) that this Agreement is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; (ii) whether or not to the knowledge of any such party Party there are then existing any offsets or defenses in favor of such party Party against enforcement of any of the terms, covenants and conditions of this Agreement and, if so, specifying the same and also whether or not to the knowledge of such party Party the other party Party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; and (iii) such other information as may be reasonably requested by the requesting Party. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has actual knowledge of facts contained in the certificate.

Appears in 1 contract

Samples: Master Solar Power Purchase Agreement

Estoppel. Either Party hereto, without charge, at any time and from time to time, within five (5) business days Business Days after receipt of a written request by the other party Party hereto, shall deliver a written instrument, duly executed, certifying to such requesting partyParty, or any other person person, firm or corporation specified by such requesting Party: (i) that this Agreement is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; (ii) whether or not to the knowledge of any such party Party there are then existing any offsets or defenses in favor of such party Party against enforcement of any of the terms, covenants and conditions of this Agreement and, if so, specifying the same and also whether or not to the knowledge of such party Party the other party Party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; and (iii) such other information as may be reasonably requested by the requesting Partya Party hereto. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has actual knowledge of facts contained in the certificate.

Appears in 1 contract

Samples: Power Purchase Agreement

Estoppel. Either Party hereto, without charge, at any time and from time to time, within five (5) business days after receipt of a written request by the other party hereto, shall deliver a written instrument, duly executed, certifying to such requesting party, or any other person person, firm or corporation specified by such requesting Party: (iparty: a) that That this Agreement is unmodified and in full force and effect, or if there has been any modification, that the same is in full force and effect as so modified, and identifying any such modification; (ii; b) whether Whether or not to the knowledge of any such party there are then existing any offsets or defenses in favor of such party against enforcement of any of the terms, covenants and conditions of this Agreement and, if so, specifying the same and also whether or not to the knowledge of such party the other party has observed and performed all of the terms, covenants and conditions on its part to be observed and performed, and if not, specifying the same; and (iiiand c) such Such other information as may be reasonably requested by the requesting Partya Party hereto. Any written instrument given hereunder may be relied upon by the recipient of such instrument, except to the extent the recipient has actual knowledge of facts contained in the certificate.. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK]

Appears in 1 contract

Samples: Power Purchase Agreement

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