Loss of Qualifying Facility Status Sample Clauses

Loss of Qualifying Facility Status. Notwithstanding any other provision of this Agreement to the contrary, if at any time any Co-Tenant shall be deemed to be an electric utility or an electric utility holding company, as such terms are used in the Public Utilities Regulatory Policy Act of 1978, as amended, and the regulations thereunder, or subject to regulation under the Federal Power Act, as amended, or the Public Utility Holding Act of 1935, as amended, or any other comparable federal or state regulation, or any Co-Tenant permits or suffers to exist any condition that would result in such Co-Tenant's interest in the Power Transfer System, or any portion thereof, or any other Co-Tenant's interest in the Power Transfer System, or any portion thereof, losing its status as a qualifying facility under the Public Utility Regulatory Policy Act of 1978, as amended (the "QF Result"), the right of the Co-Tenant owning the Turbines or other facility that causes such QF Result (the "Impacted Facility") to use the Power Transfer System to deliver electricity generated by the Impacted Facility shall be suspended immediately, no such electricity shall be delivered thereafter from the Impacted Facility through the Power Transfer System, and the Co-Tenants owning the other Turbines and other facilities shall be authorized to take such action (including, without limitation, disconnecting the Impacted Facility from the Power Transfer System) as is necessary to prevent the use of the Power Transfer System to deliver energy generated by the Impacted Facility. Such suspension shall remain in effect until such time, if any, as the use of the Power Transfer System to deliver electricity generated by the Impacted Facility would no longer have a QF Result. At that point the right of the Co-Tenant owning the Impacted Facility to use the Power Transfer System to deliver electricity generated by the Impacted Facility shall be reinstated on the terms and conditions set forth in this Agreement.
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Loss of Qualifying Facility Status. (i) (A) Any Project Company shall no longer be a Qualifying Facility and such condition shall continue unremedied for a period of sixty (60) days.
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Loss of Qualifying Facility Status. It is the intent and understanding of the Parties that the Facility will be a Qualifying Facility throughout the Term of this Agreement. If the Facility nevertheless loses its status as a Qualifying Facility after the Actual Commercial Operation Date, the Parties' rights and obligations under this Agreement, including but not limited to PEPCO's obligation to make payments in accordance with this Agreement, shall continue, subject to the limitations set forth in Subsection 6.3(b) and further subject to receipt of all governmental and regulatory approvals necessary for such continuation (whether the Facility is a Qualifying Facility or attains another status) in form and substance acceptable to each of the Parties pursuant to the standard set forth in Subsection 6.3(c). PEPCO may terminate this Agreement upon one hundred and eighty (180) Days written notice given at any time subsequent to five hundred and forty (540) Days following such loss of Qualifying Facility status if all such necessary governmental and regulatory approvals have not been received in a form acceptable to each of the Parties as set forth above. If at any time prior to the effective date of such termination: (i) the Facility regains Qualifying Facility status and receives all necessary governmental and regulatory approvals therefor in form and substance acceptable to each of the Parties, pursuant to the standard set forth in Subsection 6.3(c), or (ii) the Facility does not regain Qualifying Facility status, but Seller and PEPCO receive all necessary governmental and regulatory approvals in form and substance acceptable to each of the Parties pursuant to the standard set forth in Subsection 6.3(c) for the continued purchase and sale of capacity and energy from the Facility in accordance with the provisions of this Agreement, then the Parties' rights and obligations shall continue in accordance with this Agreement.
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Loss of Qualifying Facility Status. (a) If loss of Qualifying Facility status could reasonably be expected to have a Material Adverse Effect, (i) FERC shall have issued an order determining that the Project has ceased to be a Qualifying Facility or (ii) the Project shall have failed to meet the criteria for a Qualifying Facility, and, subject to the provisions of Section 8.1.7(a), shall have failed to obtain a waiver from FERC on account thereof within six months after the end of any calendar year in which the Borrower knows or should reasonably have known that it has failed to meet such criteria.
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Related to Loss of Qualifying Facility Status

  • Acquisition for Own Account Purchaser is acquiring the Shares and the Conversion Shares for Purchaser's own account for investment only, and not with a view towards their distribution.

  • Indemnification with Respect to Prohibited Transactions or Loss of REMIC Status Upon the occurrence of an Adverse REMIC Event due to the negligent performance by either the Securities Administrator or the Master Servicer of its duties and obligations set forth herein, the Securities Administrator or the Master Servicer, as applicable, shall indemnify the Certificateholders of the related Residual Certificate against any and all losses, claims, damages, liabilities or expenses (“Losses”) resulting from such negligence; provided, however, that neither the Securities Administrator nor the Master Servicer shall be liable for any such Losses attributable to the action or inaction of the Depositor, the Trustee or the Holder of the Residual Certificate, nor for any such Losses resulting from misinformation provided by any of the foregoing parties on which the Securities Administrator or the Master Servicer, as applicable, has relied. Notwithstanding the foregoing, however, in no event shall the Securities Administrator or the Master Servicer have any liability (1) for any action or omission that is taken in accordance with and in compliance with the express terms of, or which is expressly permitted by the terms of, this Agreement or under any Servicing Agreement, (2) for any Losses other than arising out of malfeasance, willful misconduct or negligent performance by the Securities Administrator or the Master Servicer, as applicable, of its duties and obligations set forth herein, and (3) for any special or consequential damages to Certificateholders of the related Residual Certificate (in addition to payment of principal and interest on the Certificates).

  • Sale of Products; Performance of Services (a) Each product, system, program, or other asset designed, developed, manufactured, assembled, sold, installed, repaired, licensed or otherwise made available by any of the Company or any of its subsidiaries to any person:

  • Business Travel, Lodging, etc Employer shall reimburse Executive for reasonable travel, lodging, meal and other reasonable expenses incurred by him/her in connection with his/her performance of services hereunder upon submission of evidence, satisfactory to Employer, of the incurrence and purpose of each such expense and otherwise in accordance with Employer’s business travel reimbursement policy applicable to its senior executives as in effect from time to time.

  • CONTRIBUTION IN THE EVENT OF JOINT LIABILITY (a) To the fullest extent permissible under applicable law, if the indemnification, hold harmless and/or exoneration rights provided for in this Agreement are unavailable to Indemnitee in whole or in part for any reason whatsoever, the Company, in lieu of indemnifying, holding harmless or exonerating Indemnitee, shall pay, in the first instance, the entire amount incurred by Indemnitee, whether for judgments, liabilities, fines, penalties, amounts paid or to be paid in settlement and/or for Expenses, in connection with any Proceeding without requiring Indemnitee to contribute to such payment, and the Company hereby waives and relinquishes any right of contribution it may have at any time against Indemnitee.

  • Regulated Investment Company Status During the 12-month period following the Closing Time, the Company will use its commercially reasonable efforts to qualify and elect to be treated as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (the “Code”) and to maintain such qualification and election in effect for each full fiscal year during which it is a business development company under the 1940 Act.

  • Insurance for Own Account Nothing in Section 4.06 shall limit or prohibit (a) Owner from maintaining the policies of insurance required under Annex B with higher limits than those specified in Annex B, or (b) Mortgagee from obtaining insurance for its own account (and any proceeds payable under such separate insurance shall be payable as provided in the policy relating thereto); provided, however, that no insurance may be obtained or maintained that would limit or otherwise adversely affect the coverage of any insurance required to be obtained or maintained by Owner pursuant to this Section 4.06 and Annex B.

  • Accredited Investor Status or Investment Limits Subscriber represents that either:

  • Liability; Provisions that Survive Termination If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s obligations in respect of all prior Issuance Notices, and provided further that in any case the provisions of Article VI, Article VIII and Article IX shall survive termination of this Agreement without limitation.

  • Accredited Investor Status The Buyer is an “accredited investor” as that term is defined in Rule 501(a) of Regulation D (an “Accredited Investor”).

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