Common use of PERMITS, LICENSES AND COMPLIANCE WITH LAWS Clause in Contracts

PERMITS, LICENSES AND COMPLIANCE WITH LAWS. XI.1 The Project Sponsor represents and warrants that prior to beginning installation of Measures, the Project Sponsor will, at its own cost and expense, obtain all permits and other authorizations from governmental authorities as then may be required to install, construct, operate and maintain the Measures in question and to perform its obligations hereunder. During the term hereof, the Project Sponsor will obtain all such additional governmental permits, licenses, and other authorizations when required with respect to any of the Measures under this Agreement. If requested by Xcel Energy, the Project Sponsor shall furnish to Xcel Energy copies of each such permit, license or other approval promptly following receipt thereof. The Project Sponsor shall maintain in full force and affect all such governmental permits, licenses and other authorizations as may be necessary for the construction, operation or maintenance of the Measures in accordance herewith. XI.2 The Project Sponsor shall be responsible for all royalties, fees, or claims for any licensed, copyrighted or similarly protected intellectual property, device, process or procedure used installed, or provided by it. The Project Sponsor shall defend any suit that may be brought against Xcel Energy and shall hold Xcel Energy harmless from any liability or infringement of any such intellectual property used by the Project Sponsor in the implementation of the Project. XI.3 All work performed by the Project Sponsor in connection with the implementation of the Project and all Measures installed or maintained by the Project Sponsor shall conform to all applicable laws, statutes, ordinances, rules, regulations, and decrees of any governmental or administrative body having jurisdiction over the Commercial Standard Offer Program or any portion of the Project, including without limitation, Occupational Safety and Health Administration (OSHA) regulations, the National Electric Safety Code (NESC), the National Electric Code (NEC) and Sections 752.001 – 752.008 of the Texas Health and Safety Code.

PERMITS, LICENSES AND COMPLIANCE WITH LAWS. XI.1 The 10.1 Project Sponsor represents and warrants that prior to beginning installation of Measures, the Project Sponsor will, at its own cost and expense, obtain all permits and other authorizations from governmental authorities as then may be required to install, construct, operate and maintain the Measures in question and to perform its obligations hereunder. During the term hereof, the Project Sponsor will obtain all such additional governmental permits, licenses, and other authorizations when required with respect to any of the Measures under this Agreement. If requested by Xcel EnergySouthwestern Public Service Company, the Project Sponsor shall furnish to Xcel Energy Southwestern Public Service Company copies of each such permit, license or other approval promptly following receipt thereof. The Project Sponsor shall maintain in full force and affect effect all such governmental permits, licenses and other authorizations as may be necessary for the construction, operation or maintenance of the Measures in accordance herewith. XI.2 The 10.2 Project Sponsor shall be responsible for all royalties, fees, or claims for any licensed, copyrighted or similarly protected intellectual property, device, process or procedure used used, installed, or provided by it. The Project Sponsor shall defend any suit that may be brought against Xcel Energy Southwestern Public Service Company and shall hold Xcel Energy Southwestern Public Service Company harmless from any liability or infringement of any such intellectual property used by the Project Sponsor in the implementation of the Project. XI.3 10.3 All work performed by the Project Sponsor in connection with the implementation of the Project project and all Measures installed or maintained by the Project Sponsor shall conform to all applicable laws, statutes, ordinances, rules, regulations, and the decrees of any governmental or administrative body having jurisdiction over the Commercial Standard Offer Program HES or any portion of the Project, including without limitation, Occupational Safety and Health Administration (OSHA) regulations, the National Electric Safety Code (NESC), the National Electric Code (NEC) and Sections 752.001 – - 752.008 of the Texas Health and Safety Code. Handling of hazardous waste must be in compliance with all applicable Environmental Protection Agency (EPA) and state and local codes.

PERMITS, LICENSES AND COMPLIANCE WITH LAWS. XI.1 The Project Sponsor represents and warrants that prior to beginning installation of Measures, the Project Sponsor will, at its own cost and expense, obtain all permits and other authorizations from governmental authorities as then may be required to install, construct, operate and maintain the Measures in question and to perform its obligations hereunder. During the term hereof, the Project Sponsor will obtain all such additional governmental permits, licenses, and other authorizations when required with respect to any of the Measures under this Agreement. If requested by Xcel Energy, the Project Sponsor shall furnish to Xcel Energy copies of each such permit, license or other approval promptly following receipt thereof. The Project Sponsor shall maintain in full force and affect effect all such governmental permits, licenses and other authorizations as may be necessary for the construction, operation or maintenance of the Measures in accordance herewith. XI.2 The Project Sponsor shall be responsible for all royalties, fees, or claims for any licensed, copyrighted or similarly protected intellectual property, device, process or procedure used installed, or provided by it. The Project Sponsor shall defend any suit that may be brought against Xcel Energy and shall hold Xcel Energy harmless from any liability or infringement of any such intellectual property used by the Project Sponsor in the implementation of the Project. XI.3 All work performed by the Project Sponsor in connection with the implementation of the Project and all Measures installed or maintained by the Project Sponsor shall conform to all applicable laws, statutes, ordinances, rules, regulations, and decrees of any governmental or administrative body having jurisdiction over the Commercial Standard Offer Program or any portion of the Project, including without limitation, Occupational Safety and Health Administration (OSHA) regulations, the National Electric Safety Code (NESC), the National Electric Code (NEC) and Sections 752.001 – 752.008 of the Texas Health and Safety Code.