Maintenance as ERR Clause Samples

Maintenance as ERR. Seller covenants that, except where there has been a change in law after the execution of this Agreement and Seller has used commercially reasonable efforts to comply with such change in law, throughout the term the Project is qualified and certified by the CEC as an Eligible Renewable Energy Resource (“ERR”) as such term is defined in Public Utilities Code Section 399.12 or Section 399.16 and the Project’s output delivered to Buyer qualifies under the requirements of the California Renewables Portfolio Standard.