Common use of Prerequisites for Purchases Clause in Contracts

Prerequisites for Purchases. Xxxxx's obligation to begin the purchase of RECs from Seller at the rates of payment specified in the System Identification Form is contingent upon the satisfaction of all of the following conditions: Buyer has accepted Seller’s completed System Energized Notification Form (Exhibit C), which shall indicate that the System's Energized Date has occurred on or after the Earliest Energized Date as specified in the System Identification Form and no later than the Guaranteed Energized Date or any approved extension thereof; Seller has provided Buyer with a completed System Energized Notification Form (Exhibit C) and an Interconnection Agreement, Certificate of Completion, or comparable document serving as proof of an Interconnection Agreement so as to ensure that the System is located on the customer side of the customer’s utility meter, is interconnected to the distribution system of the Interconnecting Utility, and has a fully executed Interconnection Agreement; Seller has provided to Buyer a completed System Energized Notification Form (Exhibit C) certifying that the System was “Installed” by a “Qualified Person” described in Section 1-56(i) of the Illinois Power Agency Act (20 ILCS 3855/1-56(i)); Seller, at its sole cost and expense, has a valid account in PJM-EIS GATS or M-RETS for purposes of Delivering RECs to Buyer’s PJM-EIS GATS or M-RETS account and the System is registered with PJM-EIS GATS or M-RETS; If the System owner is not the Host, Seller has provided to Buyer a Host Acknowledgment in the form attached hereto as Appendix 3. Specifically, if the System owner is not the Host, Seller or the System owner has obtained and provided to Buyer the written acknowledgement by the Host acknowledging for Buyer’s benefit that the System owner has the right to locate the System at the Host’s location; Seller has rights to the RECs to be Delivered by Seller to Buyer’s PJM-EIS GATS or M-RETS account and such rights include Seller’s rights to Deliver and convey title of such RECs to Buyer such that, upon Delivery, all rights and ownership of Delivered RECs shall belong to Buyer; The Delivery Term Start Date has occurred; and The Illinois Commerce Commission Order authorizing Buyer to enter into this Agreement remains in full force and effect; Seller’s failure to satisfy Section 4.1.1 through Section 4.1.5 by the fortieth (40th) Business Day after the Guaranteed Energized Date (or any approved extension thereof) or Seller’s failure to satisfy Section 4.1.6 by the Date of Initial REC Delivery shall entitle Buyer to retain the Performance Assurance associated with the System and to terminate this Agreement.

Prerequisites for Purchases. XxxxxBuyer's obligation to begin the purchase of RECs from Seller at the rates of payment specified in the System Identification Form is contingent upon the satisfaction of all of the following conditions: Buyer has accepted Seller’s completed System Energized Notification Form (Exhibit C), which shall indicate that the System's Energized Date has occurred on or after the Earliest Energized Date as specified in the System Identification Form and no later than the Guaranteed Energized Date or any approved extension thereof; Seller has provided Buyer with a completed System Energized Notification Form (Exhibit C) and an Interconnection Agreement, Certificate of Completion, or comparable document serving as proof of an Interconnection Agreement so as to ensure certifying that the System is located on the customer side of the customer’s utility meter, is interconnected to the distribution system of the Interconnecting Utility, and has a fully executed Interconnection Agreement; Seller has provided to Buyer a completed System Energized Notification Form (Exhibit C) certifying that the System was “Installed” by a “Qualified Person” described in Section 1-56(i) of the Illinois Power Agency Act (20 ILCS 3855/1-56(i)); Seller, at its sole cost and expense, has a valid account in PJM-EIS GATS or M-RETS for purposes of Delivering RECs to Buyer’s PJM-EIS GATS or M-RETS account and the System is registered with PJM-EIS GATS or M-RETS; If the System owner is not the Host, Seller has provided to Buyer a Host Acknowledgment in the form attached hereto as Appendix 3. Specifically, if the System owner is not the Host, Seller or the System owner has obtained and provided to Buyer the written acknowledgement by the Host acknowledging for Buyer’s benefit that the System owner has the right to locate the System at the Host’s location; Seller has rights to the RECs to be Delivered by Seller to Buyer’s PJM-EIS GATS or M-RETS account and such rights include Seller’s rights to Deliver and convey title of such RECs to Buyer such that, upon Delivery, all rights and ownership of Delivered RECs shall belong to Buyer; The Delivery Term Start Date has occurred; and The Illinois Commerce Commission Order authorizing Buyer to enter into this Agreement remains in full force and effect; Seller’s failure to satisfy Section 4.1.1 through Section 4.1.5 by the fortieth (40th) Business Day after the Guaranteed Energized Date (or any approved extension thereof) or Seller’s failure to satisfy Section 4.1.6 by the Date of Initial REC Delivery shall entitle Buyer to retain the Performance Assurance associated with the System and to terminate this Agreement.

Prerequisites for Purchases. XxxxxBuyer's obligation to begin the purchase of RECs from Seller at the rates of payment specified in the System Identification Form is contingent upon the satisfaction of all of the following conditions: Buyer has accepted Seller’s completed System Energized Notification Form (Exhibit C), which shall indicate received evidence to its reasonable satisfaction that the System's Energized Date has occurred on or after the Earliest Energized Date as specified in the System Identification Form and no later than the Guaranteed Energized Date or any approved extension thereof; Seller has provided Buyer with a completed System Energized Notification Form (Exhibit C) and an Interconnection Agreement, Certificate of Completion, or comparable document serving as proof of an Interconnection Agreement so as to ensure demonstrated that the System is located on the customer side of the customer’s utility meterRevenue Quality Meter, is interconnected to the distribution system of the Interconnecting Utility, Utility and the System has a fully executed Interconnection Agreement; Seller has provided notice in a form acceptable to Buyer a completed System Energized Notification Form (Exhibit C) at its sole discretion, certifying that the System was is “Installed” by a “Qualified Person” described in Section 1-56(i) of the Illinois Power Agency Act (20 ILCS 3855/1-56(i)); Seller, at its sole cost and expense, has a valid account in PJM-EIS GATS or M-RETS for purposes of Delivering RECs to Buyer’s PJM-EIS GATS or M-RETS account and the System is registered with PJM-EIS GATS or M-RETS; If the System owner Seller is not the Host, Seller has provided to Buyer a Host Acknowledgment in the form attached hereto as Appendix 3. C. Specifically, if the System owner Seller is not the Host, Seller or the System owner has obtained and provided to Buyer the written acknowledgement by the Host acknowledging for Buyer’s benefit that the System owner has the right to locate the System at the Host’s location and that the Host has (a) no right, title or interest, including, but not limited to, any third party beneficiary rights, in the RECs, which are to be sold to Buyer under this Agreement, (b) no right, title or interest including, but not limited to any third party beneficiary rights, in this Agreement, (c) no rights against Buyer, and shall not look to Buyer, with respect to any claim or damages with respect to any aspect of the System, including, but not limited to, the construction, operation or maintenance thereof at Host’s location; Seller has rights to the RECs to be Delivered by Seller to Buyer’s PJM-EIS GATS or M-RETS account and such rights include Seller’s rights to Deliver and convey title of such RECs to Buyer such that, upon Delivery, all rights and ownership of Delivered RECs shall belong to Buyer; The Delivery Term Start Date has occurred; and The Illinois Commerce Commission Order authorizing Buyer to enter into this Agreement remains in full force and effect; Seller’s failure to satisfy Section 4.1.1 through Section 4.1.5 by the fortieth twentieth (40th20th) Business Day after the Guaranteed Energized Date (or any approved extension thereof) or Seller’s failure to satisfy Section 4.1.6 by the Date of Initial REC Delivery shall entitle Buyer to retain the Performance Assurance associated with the System and to terminate this Agreement.

Prerequisites for Purchases. XxxxxBuyer's obligation to begin the purchase of RECs LRECs or ZRECs, as elected on the Cover Sheet, from Seller at the rates of payment specified in the System Identification Form Cover Sheet is contingent upon the satisfaction of all of the following conditions: Seller is either (i) a distribution customer of record of Buyer with project site control, (ii) owner of the project site with permission of the distribution customer of record of the Buyer, or (iii) Authorized Developer; Buyer has accepted Seller’s completed System Energized Notification Form (Exhibit C), which shall indicate received evidence to its reasonable satisfaction that Seller has met the requirements of Section 4.1.1; Buyer has received evidence to its reasonable satisfaction that the SystemFacility's Energized In-Service Date has occurred on occurred, or will occur, after the Earliest Energized Date as specified in the System Identification Form and no later than the Guaranteed Energized Date or any approved extension thereofJuly 1, 2011; Seller has provided Buyer with a completed System Energized Notification Form (Exhibit C) and an Interconnection Agreement, Certificate of Completion, or comparable document serving as proof of an Interconnection Agreement so as to ensure demonstrated that the System Facility is located on the customer side of the customer’s utility meter, revenue meter and is interconnected to the distribution system of the Interconnecting Utility, and Buyer; The Facility has a fully executed Interconnection Agreement; Seller has provided Performance Assurance that satisfies the requirements of Section 9.1 and in an amount that is no less than the Performance Assurance amount listed in the Cover Sheet; Buyer has received Regulatory Approval. Seller has provided certification that no grants or rebates have been received from the Clean Energy Finance and Investment Authority (“CEFIA”) or its predecessor the Connecticut Clean Energy Fund (“CCEF”). For purposes of clarification, this prohibition includes grants or rebates from CEFIA or the CCEF for the installation or construction of the Facility, but does not include projects that receive(d) (i) only predevelopment and/or feasibility funding from CEFIA, or (ii) financing in accordance with Section 99 of the Energy Act through CEFIA. For purposes of this section, the Companies may consult with CEFIA regarding the above grants or rebates as they may be applicable to the Facility. Seller has provided notice in a form acceptable to Buyer a completed System Energized Notification Form (Exhibit C) certifying that the System was “Installed” by a “Qualified Person” described in Section 1-56(i) of the Illinois Power Agency Act (20 ILCS 3855/1-56(i)); Seller, at its sole cost discretion, certifying: (a) that generation from the Project that will result in a qualifying LREC or ZREC has begun, (b) the name of the Project as it will appear on the LRECs or ZRECs, (c) the date that initial LREC or ZREC deliveries to Buyer under this Agreement are expected, (d) the Facility, as constructed, meets all of the low emission or zero emission (as applicable) generation facility requirements of the Energy Act, and expense(e) the final Facility size. If Seller’s Facility has been awarded this Agreement based, has a valid account in PJMpart, on its use of Connecticut manufactured, researched or developed technologies as defined in the Authority’s April 4, 2012 Decision in Docket No. 11-EIS GATS or M12-RETS for purposes 06 and Section 10.3.5 of Delivering RECs this Agreement, and as further described in Appendix B to Buyer’s PJM-EIS GATS or M-RETS account and the System is registered with PJM-EIS GATS or M-RETS; If the System owner is not the Hostthis Agreement, Seller has provided to Buyer a Host Acknowledgment in the form attached hereto as Appendix 3an affidavit and accompanying proof that it has installed such Connecticut manufactured, researched or developed technologies. Specifically, if the System owner is not the Host, Seller or the System owner has obtained and provided to Buyer the written acknowledgement by the Host acknowledging for Buyer’s benefit that the System owner has the right to locate the System at the Host’s location; Seller has rights to the RECs to be Delivered by Seller to Buyer’s PJM-EIS GATS or M-RETS account and such rights include Seller’s rights to Deliver and convey title of such RECs to Buyer such that, upon Delivery, all rights and ownership of Delivered RECs shall belong to Buyer; The Delivery Term Start Date has occurred; and The Illinois Commerce Commission Order authorizing Buyer to enter into this Agreement remains in full force and effect; Seller’s failure to satisfy Section 4.1.1 through Section 4.1.5 by the fortieth (40th) Business Day after the Guaranteed Energized Date (or any approved extension thereof) or Seller’s failure to satisfy Section 4.1.6 by the Date of Initial REC Delivery shall entitle Buyer to retain the Performance Assurance associated with the System and to terminate this Agreement.