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Purchase of the System Sample Clauses

Purchase of the System. If Customer has not elected to extend the term of this Agreement in accordance with Section 12.b.i, Customer shall have the option to purchase the System on the Expiration Date by providing SolarStorage written Notice of its intent to purchase the System no later than one-hundred and eighty (180) days prior to the Expiration Date, and paying SolarStorage the fair market value of the System (“FMV”) no later than the relevant Expiration Date. The FMV shall be the value determined by the mutual agreement of Customer and SolarStorage within ten (10) days after receipt by SolarStorage of Customer’s Notice of its election to purchase the System. If Customer and SolarStorage cannot mutually agree on the FMV within such ten (10) days, then the Parties shall jointly select a nationally recognized independent appraiser with experience and expertise in the energy storage industry appropriate to value such equipment after discussing relevant methods and assumptions with the Parties. The Parties shall enter an agreement with such appraiser in which the appraiser agrees to act reasonably and in good faith to determine the FMV and to deliver an FMV determination in a written opinion to the Parties setting forth the methods, assumptions and findings of its determination. The valuation made by the appraiser shall be binding on the Parties in the absence of fraud or manifest error. The costs of the appraisal shall be borne by the Parties equally. To the extent transferable, the remaining period, if any, on all warranties for the System will be transferred from SolarStorage to Customer at Customer’s sole expense. If the Parties are unable to agree on the selection of an appraiser, such appraiser shall be jointly selected by the appraiser firm proposed by the Customer and the appraiser firm proposed by the SolarStorage. If such appraiser firms are unable to agree on the selection of an appraiser, then an appraiser shall be selected in accordance with the procedures set forth in Section 10. Upon receipt by SolarStorage of payment of the FMV, title to the System shall transfer to Customer as-is, where-is with no further liabilities, obligations, covenants, representations or warranties to be requested or required from SolarStorage.
Purchase of the System. Provided no Event of Default by the Buyer has occurred and is continuing under this PPA, unless such Event of Default has been waived in writing by Seller, Buyer may purchase the System at a purchase price which is the at a purchase price which is the then applicable fair market value of the System as determined by an independent third-party appraiser as mutually agreed by the Parties. If the Buyer exercises its option to purchase the System in a timely manner, the closing of such purchase, including the transfer of any relevant agreements and warranties, shall take place no later than one-hundred and twenty (120) days after the Buyer’s exercise of its right to purchase the System at a time and place agreed upon by the Parties; or
Purchase of the SystemThe Manager shall hold a meeting of Members on or near each anniversary of the date the System is operational to apprise Members of the status of the Company and the anticipated purchase of the System by the Company. Before or after the Fifth Anniversary, any Member may call a meeting of the Members pursuant to Section 2.3 for the purpose of discussing the purchase of the System by the Company. Prior to the Fifth Anniversary, the Manager shall develop and present to the Members a proposal for the purchase of the System by the Company. The proposal shall consider virtual, group or other net metering arrangements, whether other parties can and should participate in net metering of electricity generated by the System, whether additional amounts will be required from Members or outside parties to fund the purchase, how the System will be owned and operated during the balance of its useful life, how to fund the removal or replacement of the System after the end of its useful life, and whether and on what terms Members might be allowed to withdraw from the Company and receive repayment of their capital contributions, if at all.
Purchase of the System. 4.1. The Customer agrees to purchase and J & M Energy Solutions agrees to sell to the Customer, deliver and install at the Customer’s premises the System outlined in the Contract on and subject to the terms and conditions of the Contract. 4.2. As referred to in Clause 5.3 the Customer agrees to assign to J & M Energy Solutions their right to receive all Grants, Rebates, Energy Trading Certificates and Carbon Credits generated or created as a result of the installation of the System, including their right under the Federal Government Solar Credits program to create STCs.
Purchase of the System 

Related to Purchase of the System

  • Use of the Services 1.1 We will make the Oracle services listed in Your order (the “Services”) available to You pursuant to this Agreement and Your order. Except as otherwise stated in this Agreement or Your order, You have the non- exclusive, worldwide, limited right to use the Services during the period defined in Your order, unless earlier terminated in accordance with this Agreement or Your order (the “Services Period”), solely for Your internal business operations. You may allow Your Users (as defined below) to use the Services for this purpose, and You are responsible for their compliance with this Agreement and Your order. 1.2 The Service Specifications describe and govern the Services. During the Services Period, we may update the Services and Service Specifications (with the exception of the Data Processing Agreement as described below) to reflect changes in, among other things, laws, regulations, rules, technology, industry practices, patterns of system use, and availability of Third Party Content (as defined below). Oracle updates to the Services or Service Specifications will not materially reduce the level of performance, functionality, security or availability of the Services during the Services Period of Your order. 1.3 You may not, and may not cause or permit others to: (a) use the Services to harass any person; cause damage or injury to any person or property; publish any material that is false, defamatory, harassing or obscene; violate privacy rights; promote bigotry, racism, hatred or harm; send unsolicited bulk e-mail, junk mail, spam or chain letters; infringe property rights; or otherwise violate applicable laws, ordinances or regulations; (b) perform or disclose any benchmarking or availability testing of the Services; (c) perform or disclose any performance or vulnerability testing of the Services without Oracle’s prior written approval, or perform or disclose network discovery, port and service identification, vulnerability scanning, password cracking or remote access testing of the Services; or (d) use the Services to perform cyber currency or crypto currency mining ((a) through (d) collectively, the “Acceptable Use Policy”). In addition to other rights that we have in this Agreement and Your order, we have the right to take remedial action if the Acceptable Use Policy is violated, and such remedial action may include removing or disabling access to material that violates the policy.

  • Use of the Site You understand that, except for information, products or services clearly identified as being supplied by Belmont Lake Golf Club, Belmont Lake Golf Club does not operate, control or endorse any information, products or services on the Internet in any way. Except for Belmont Lake Golf Club- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Belmont Lake Golf Club a. You also understand that Belmont Lake Golf Club cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Belmont Lake Golf Club PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Belmont Lake Golf Club SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Belmont Lake Golf Club DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Belmont Lake Golf Club HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITY IN NO EVENT WILL Belmont Lake Golf Club BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Belmont Lake Golf Club OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Belmont Lake Golf Club LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Belmont Lake Golf Club makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Belmont Lake Golf Club web site, please understand that it is independent from Belmont Lake Golf Club, and that Belmont Lake Golf Club has no control over the content on that web site. In addition, a link to a Belmont Lake Golf Club web site does not mean that Belmont Lake Golf Club endorses or accepts any responsibility for the content, or the use, of such web site.

  • Description of the Services 1.1 The scope of the service to be rendered is described more fully in the Annexures and Schedules referred to below: ❑ Annexure A – Scope / Specification ❑ Annexure C – Pricing Schedule The Deliverables, due for completion by and governed by this Schedule 1. In the event that the Service Provider fails to meet the delivery dates as agreed, the following penalties will be imposed: