Common use of Payment Reserved Rights Clause in Contracts

Payment Reserved Rights. Notwithstanding any other provision of this Agreement, NYSERDA reserves the right to deny or alter payment of an Incentive, to exercise its set-off rights, or to seek reimbursement of incentives paid if, at any time, it learns that the approved Project was not actually installed; was not installed as required under the applicable Bulk Energy Storage Incentive Program rules, the Bulk Energy Storage Incentive Program Manual, as applicable, or this Agreement; was not installed according to the approved system design; was completely installed prior to notification of NYSERDA’s acceptance of the Project; if a system is no longer operating in accordance with the applicable rules of the Bulk Energy Storage Incentive Program, the Bulk Energy Storage Incentive Program Manual, as applicable, or this Agreement; or if Contractor assigns, transfers, conveys, or otherwise disposes of this Agreement or any of Contractor’s rights, obligations, interests or responsibilities hereunder, in whole or in part, without the express consent in writing by NYSERDA. NYSERDA may: (a) elect to not pay the incentive; (b) require changes before making any payments; (c) require reimbursement of incentives already paid unless the requested changes are made; (d) withhold approval of project applications for other Projects under the Bulk Storage Incentive Program; or (e) exercise its set-off rights. If a Project is relocated outside of New York, or relocated to another location that is ineligible for the NYSERDA incentive due to its customers not paying the SBC Surcharge, during the term required in §3.6 of this Agreement, NYSERDA shall seek a return of the incentive funding from the Contractor, developer, or asset owner of record that shall be calculated based on a pro-rata share of the ten (10) years that the system would not be located at an eligible New York State location.

Payment Reserved Rights. Notwithstanding any other provision of this Agreement, NYSERDA reserves the right to deny or alter payment of an Incentive, to exercise its set-off rights, or to seek reimbursement of incentives paid if, at any time, it learns that the approved Project was not actually installed; was not installed as required under the applicable Bulk Energy Storage Incentive Program rules, the Bulk Energy Storage Incentive Program Manual, as applicable, or this Agreement; was not installed according to the approved system design; was completely installed prior to notification of NYSERDA’s acceptance of the Project; if a system is no longer operating in accordance with the applicable rules of the Bulk Energy Storage Incentive Program, the Bulk Energy Storage Incentive Program Manual, as applicable, or this Agreement; or if Contractor assigns, transfers, conveys, or otherwise disposes of this Agreement or any of Contractor’s rights, obligations, interests or responsibilities hereunder, in whole or in part, without the express consent in writing by NYSERDA. NYSERDA may: (a) elect to not pay the incentive; (b) require changes before making any payments; (c) require reimbursement of incentives already paid unless the requested changes are made; (d) withhold approval of project applications for other Projects under the Bulk Storage Incentive Program; or (e) exercise its set-off rights. If a Project is relocated outside of New York, or relocated to another location that is ineligible for the NYSERDA incentive due to its customers not paying the SBC Surcharge, during the term required in §3.6 of this Agreement, NYSERDA shall seek a return of the incentive funding from the Contractor, developer, or asset owner of record that shall be calculated based on a pro-rata share of the ten twenty (1020) years that the system would not be located at an eligible New York State location.

Payment Reserved Rights. Notwithstanding any other provision of this Agreement, NYSERDA reserves the right to deny or alter payment of an Incentive, to exercise its set-off rights, or to seek reimbursement of incentives paid if, at any time, it learns that the approved Project was not actually installed; was not installed as required under the applicable Bulk Energy Storage Incentive Program rules, the Bulk Energy Storage Incentive Program Manual, as applicable, or this Agreement; was not installed according to the approved system design; was completely installed prior to notification of NYSERDA’s acceptance of the Project; if a system is no longer operating in accordance with the applicable rules of the Bulk Energy Storage Incentive Program, the Bulk Energy Storage Incentive Program Manual, as applicable, or this Agreement; or if Contractor assigns, transfers, conveys, or otherwise disposes of this Agreement or any of Contractor’s rights, obligations, interests or responsibilities hereunder, in whole or in part, without the express consent in writing by NYSERDA. NYSERDA may: (a) elect to not pay the incentive; (b) require changes before making any payments; (c) require reimbursement of incentives already paid unless the requested changes are made; (d) withhold approval of project applications for other Projects under the Bulk Storage Incentive Program; or (e) exercise its set-off rights. If a Project is relocated outside of New York, or relocated to another location that is ineligible for the NYSERDA incentive due to its customers not paying the SBC Surcharge, during the term required in §3.6 of this Agreement, NYSERDA shall seek a return of the incentive funding from the Contractor, developer, or asset owner of record that shall be calculated based on a pro-rata share of the ten fifteen (1015) years that the system would not be located at an eligible New York State location.

Payment Reserved Rights. Notwithstanding any other provision of this Agreement, NYSERDA reserves the right to deny or alter payment of an Incentive, to exercise its set-off rights, or to seek reimbursement of incentives paid if, at any time, it learns that the approved Project Energy Storage System was not actually installed; was not installed as required under the applicable Bulk Energy Storage Incentive Program rulesProgram, the Bulk Energy Storage Incentive Program Manual, as applicable, or this Agreement; was not installed according to the approved system design; was completely installed prior to notification of NYSERDA’s acceptance submission to NYSERDA of the ProjectProject Application; or if a system is no longer operating in accordance with the applicable rules of the Bulk Energy Storage Incentive Program, the Bulk Energy Storage Incentive Program Manual, as applicable, or this Agreement; or if Contractor assigns, transfers, conveys, or otherwise disposes of this Agreement or any of Contractor’s rights, obligations, interests or responsibilities hereunder, in whole or in part, without the express consent in writing by NYSERDA. NYSERDA may: (a) elect to not pay the incentive; (b) require changes before making any payments; (c) require reimbursement of incentives already paid unless the requested changes are made; (d) withhold approval of project applications Project Applications for other Projects under the Bulk Energy Storage Incentive ProgramSystems; or (e) exercise its set-off rights. If a Project is relocated outside of New York, or relocated to another location that is ineligible for the NYSERDA incentive due to its customers not paying the SBC Surcharge, during the term required in §3.6 of this Agreement, NYSERDA shall seek a return of the incentive funding from the Contractor, developer, or asset owner of record that shall be calculated based on a pro-rata share of the ten twenty (1020) years that the system would not be located at an eligible New York State location.