Purchase of Environmental Attributes Sample Clauses

Purchase of Environmental Attributes. (a) In the event that, during the Term, Seller desires to enter into a contract to sell, transfer or assign any or all Environmental Attributes (including, but not limited to, RECs) generated by the Facility, Seller shall first, prior to entering into any discussions with other parties, provide written notice to Buyer of its desire to sell the Environmental Attributes to Buyer at the purchase price and on the terms and conditions contained therein (the "Offer Notice"). Within fifteen (15) days after the Offer Notice is given, Buyer shall provide written notice to Seller if it is interested in acquiring the Environmental Attributes at the purchase price and on the terms provided in the Offer Notice (a "Notice oflnterest"). If Xxxxx delivers such notice, the Parties agree to engage for a period of thirty (30) days thereafter in exclusive good faith negotiations to reach agreement with respect to such a transaction for the sale of the Environmental Attributes. If during this period the Parties execute a letter of intent, or other document similarly confirming the Parties' intent to enter into a transaction for the purchase and sale of the Environmental Attributes, then such exclusive negotiation period shall be automatically extended for an additional sixty (60) day period, during which time the Parties may execute a purchase and sale agreement for the Environmental Attributes. Seller may pursue any transaction for the sale, transfer, assignment of the Environmental Attributes with one or more third parties at any time and from time to time at the same or higher purchase price and on terms and conditions no less favorable to Seller than those stated in the Offer Notice (with no further obligation to offer the same to Buyer) following an occurrence of any of the following: (i) Buyer expressly declines interest in acquiring the Environmental Attributes after receipt of Seller's Offer Notice; (ii) Buyer fails to respond to the Offer Notice within fifteen (15) days after receipt thereof; (iii) Seller and Buyer fail to execute a letter of intent or other similar document with respect to the sale of the Environmental Attributes within thirty (30) days after Seller's receipt of the Notice of Interest from Buyer; or (iv) Seller and Buyer fail to execute a purchase and sale agreement for the Environmental Attributes within ninety (90) days after Seller's receipt of a Notice of Interest from Buyer. Notwithstanding the foregoing, ifthe Seller (a) does not consummate a p...
Sample 1
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Purchase of Environmental Attributes. (a) Buyer shall have a right of first refusal to purchase Environmental Attributes from the Project as set forth in this Section 3.9. Seller shall provide to Buyer written notice of each bona fide offer to purchase Environmental Attributes from the Project at least thirty (30) days prior to entering into any such sale agreement. Such notice shall contain the expected date of execution of such sale agreement, and the operative terms and conditions of the sale of the Environmental Attributes from the Facility (including the quantity, price and duration of the proposed sale) that the Seller desires to accept. The terms and conditions of any such written offer shall be treated as confidential. (b) Buyer shall provide written notice to Seller within ten (10) Business Days after receipt of Seller's notice of intent to sell if Buyer intends to exercise its right of first refusal to purchase the Environmental Attributes pursuant to the terms and conditions described in subsection (a). (c) If Seller has not received Buyer's notice to exercise its right of first refusal by 5:00 pm local time (at Seller's location for receiving notices) on the tenth (10 th) Business Day, Seller shall be free to sell the Environmental Attributes upon the terms and conditions stated in its notice of the bona fide written offer.
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Purchase of Environmental Attributes. Seller shall offer to PSE the right to purchase all Environmental Attributes (including, but not limited to, RECs) associated with the energy generated by the Facility. PSE shall have an option (the “Environmental Attribute Option”) during the Operating Period and for a period of one (1) year after the end of the Operating Period to purchase, at the vintage year prices offered by Seller and pursuant to terms and conditions set forth in the attached Exhibit I, all of the Environmental Attributes associated with the energy generated by the Facility during the Operating Period; provided, that Seller shall not offer to PSE any price for Environmental Attributes that exceeds the then-current market price for such Environmental Attributes. The Environmental Attribute Option shall be exercisable at any time by PSE. PSE shall have the right to exercise the Environmental Attribute option by giving Seller written notice of such exercise. Seller may appoint PSE as its REC reporting entity upon execution of the Optional Qualified Reporting Entity Service Agreement as set forth in the attached Exhibit J.
Sample 1
Purchase of Environmental Attributes. Customer-Generator shall offer to PSE the right to purchase all Environmental Attributes (including, but not limited to, RECs) associated with the energy generated by the Facility. PSE shall have an option (the “Environmental Attribute Option”) during the Operating Period and for a period of one (1) year after the end of the Operating Period to purchase, at the vintage year prices offered by Customer-Generator and pursuant to terms and conditions set forth in the attached Exhibit D, all of the Environmental Attributes associated with the energy generated by the Facility during the Operating Period; provided, that Customer-Generator shall not offer to PSE any price for Environmental Attributes that exceeds the then-current market price for such Environmental Attributes. The Environmental Attribute Option shall be exercisable at any time by PSE. PSE shall have the right to exercise the Environmental Attribute option by giving Customer-Generator written notice of such exercise. Customer-Generator may appoint PSE as its REC reporting entity upon execution of the Optional Qualified Reporting Entity Service Agreement as set forth in the attached Exhibit E.
Sample 1
Purchase of Environmental Attributes. With respect to the System installed on the Site pursuant to this Agreement:
Sample 1

Related to Purchase of Environmental Attributes

  • Environmental Attributes Seller acknowledges and agrees that any Environmental Attribute associated with or related to the Product will not be sold or otherwise made available to a third party but will be sold to Buyer pursuant to this Agreement. For the avoidance of doubt, the Product sold hereunder must meet the definition of “renewable energy credit” under the IPA Act.

  • Materials of Environmental Concern have not been transported or disposed of from the Properties in violation of, or in a manner or to a location which could give rise to liability under, any Environmental Law, nor have any Materials of Environmental Concern been generated, treated, stored or disposed of at, on or under any of the Properties in violation of, or in a manner that could give rise to liability under, any applicable Environmental Law, except insofar as any such violation or liability referred to in this paragraph, or any aggregation thereof, could not reasonably be expected to result in the payment of a Material Environmental Amount.

  • Materials of Environmental Concern have not been transported or disposed of from the Properties in violation of, or in a manner or to a location that could give rise to liability under, any Environmental Law, nor have any Materials of Environmental Concern been generated, treated, stored or disposed of at, on or under any of the Properties in violation of, or in a manner that could give rise to liability under, any applicable Environmental Law;

  • Environmental Tobacco Smoke Public Law 103-227 (also known as the Pro-Children Act of 1994) and Vermont’s Act 135 (2014) (An act relating to smoking in lodging establishments, hospitals, and child care facilities, and on State lands) restrict the use of tobacco products in certain settings. Party shall ensure that no person is permitted: (i) to use tobacco products or tobacco substitutes as defined in 7 V.S.A. § 1001 on the premises, both indoor and outdoor, of any licensed child care center or afterschool program at any time; (ii) to use tobacco products or tobacco substitutes on the premises, both indoor and in any outdoor area designated for child care, health or day care services, kindergarten, pre-kindergarten, elementary, or secondary education or library services; and (iii) to use tobacco products or tobacco substitutes on the premises of a licensed or registered family child care home while children are present and in care. Party will refrain from promoting the use of tobacco products for all clients and from making tobacco products available to minors. Failure to comply with the provisions of the federal law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The federal Pro-Children Act of 1994, however, does not apply to portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, & Children (WIC) coupons are redeemed.

  • NON-SEXIST ENVIRONMENT 1. A non-sexist environment is defined as that in which there is no discrimination against females or males by portraying them in gender stereotyped roles or by omitting their contributions. 2. The employer does not condone and will not tolerate any written or verbal expression of sexism. In September of each school year the employer and the local shall jointly notify administrative officers and staff, in writing, of their commitment to a non-sexist environment. 3. The employer and the local shall promote a non-sexist environment through the development, integration, and implementation of non-sexist educational programs, activities, and learning resources for both staff and students.

  • Smoke Free Environment The Lessor shall make all parts of the leased premise smoke-free. "

  • O.S.H.A. and Environmental Compliance (a) Except as could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, each Borrower has duly complied with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act, the Environmental Protection Act, RCRA and all other Environmental Laws; there have been no outstanding citations, notices or orders of non-compliance issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) Except as could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, each Borrower has been issued all required federal, state and local licenses, certificates or permits relating to all applicable Environmental Laws. (i) There are no visible signs of material releases, spills, discharges, leaks or disposal (collectively referred to as “Releases”) of Hazardous Substances at, upon, under or within any Real Property including any premises leased by any Borrower; (ii) to the best knowledge of Borrowers, there are no underground storage tanks or polychlorinated biphenyls on the Real Property including any premises leased by any Borrower, (iii) to the best knowledge of Borrowers, the Real Property including any premises leased by any Borrower has never been used as a treatment, storage or disposal facility of Hazardous Waste; and (iv) to the best knowledge of Borrowers, no Hazardous Substances are present on the Real Property including any premises leased by any Borrower, excepting such quantities as are handled in accordance with all applicable manufacturer’s instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of any Borrower or of its tenants.

  • Compliance with Environmental Laws; Environmental Reports (a) Comply and use commercially reasonable efforts to cause all lessees and other persons occupying Real Property owned or operated by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and property and obtain and renew all material Environmental Permits applicable to its operations and property and conduct any Response in accordance with Environmental Laws; provided, however, that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP. (b) If a Default caused by reason of a breach of Section 3.17 or Section 5.09(a) shall have occurred and be continuing for more than 20 Business Days without the Companies commencing activities reasonably likely to cure such Default, at the written request of the Required Lenders through the Administrative Agent, provide to the Lenders within 45 days after such request, at the expense of Borrower, an environmental site assessment report regarding the matters which are the subject of such default, including where appropriate, any soil and/or groundwater sampling, prepared by an environmental consulting firm and in form and substance reasonably acceptable to the Administrative Agent and indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance or Response to address them in connection with such Default.

  • Periodic Review of Costs of Environmental Compliance In the ordinary course of its business, the Company conducts a periodic review of the effect of Environmental Laws on the business, operations and properties of the Company and its subsidiaries, in the course of which it identifies and evaluates associated costs and liabilities (including, without limitation, any capital or operating expenditures required for clean-up, closure of properties or compliance with Environmental Laws or any permit, license or approval, any related constraints on operating activities and any potential liabilities to third parties). On the basis of such review and the amount of its established reserves, the Company has reasonably concluded that such associated costs and liabilities would not, individually or in the aggregate, result in a Material Adverse Change.

  • Preparation of Environmental Reports At the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiaries, provide to the Administrative Agent within sixty (60) days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate described in such request, prepared by a nationally recognized environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

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