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Common use of Facility Information Clause in Contracts

Facility Information. The Product is Unit Specific. All Product will be RECs generated from one of the Designated Systems. Seller may not substitute RECs generated from a generator other than a Designated System. Seller represents that, as of the date of each invoice, (i) all RECs Delivered were generated by the Designated Systems; (ii) each Designated System qualifies as a Distributed Renewable Energy Generation Device; (iii) no substitution has occurred between the Size Classes; and (iv) no RECs produced by the Designated Systems were willfully withheld or sold or otherwise transferred to another party prior to Seller Delivering the Maximum Annual Quantity for each applicable Size Class to Buyer. The IPA is the entity responsible for monitoring Seller’s compliance with the foregoing representations and for notifying Buyer and Seller of the IPA’s determination of non-compliance. Seller’s failure to comply with the provisions of this Section 6 shall constitute an Event of Default.

Appears in 5 contracts

Samples: Renewable Energy Credit Agreement, Renewable Energy Credit Agreement, Renewable Energy Credit Agreement