No Default or Amendment. Neither the Customer nor, to the Customer’s knowledge after due inquiry, the Provider or any other party to the Assigned Agreement is in default of any of its obligations thereunder (or has claimed force majeure, emergency, or any other excuse for performance thereunder which is still ongoing as of the date hereof). The Customer has no existing counterclaims, offsets, defenses, or claims for change orders against the Provider under the Assigned Agreement. To the Customer’s knowledge, no event or condition exists that would either immediately or with the passage of any applicable grace period or giving of notice, or both, enable either the Customer or the Provider to terminate or suspend its obligations (or the performance of such obligations) under the Assigned Agreement. The Assigned Agreement has not been amended, modified or supplemented in any manner other than as indicated above.
Appears in 11 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase & Storage Services Agreement
No Default or Amendment. Neither the Customer nor, to the Customer’s knowledge after due inquiry, the Provider or any other party to the Assigned Agreement is in default of any of its obligations thereunder (or has claimed force majeure, emergency, or any other excuse for performance thereunder which is still ongoing as of the date hereof). The Customer has no existing counterclaims, offsets, defenses, or claims for change orders against the Provider under the Assigned AgreementAgreements. To the Customer’s knowledge, no event or condition exists that would either immediately or with the passage of any applicable grace period or giving of notice, or both, enable either the Customer or the Provider to terminate or suspend its obligations (or the performance of such obligations) under the Assigned AgreementAgreements. The Assigned Agreement has Agreements have not been amended, modified or supplemented in any manner other than as indicated above.
Appears in 2 contracts
Samples: Consent and Agreement, Consent and Agreement