Purchaser’s Facilities. The Purchaser shall accept responsibility for providing safe and sufficient facilities for the acceptance of the goods into storage in accordance with any health and safety guidelines established by BA from time to time, and shall defend, indemnify, and hold harmless BA, and its affiliates and their respective officers, directors, employees, agents, successors and assigns (such parties, the “Indemnified Parties”), from and against all all claims, demands, liabilities, costs, sums, losses, obligations, suits, actions, damages, penalties, fines, interest and other expenses (including investigation expenses and attorneys’ fees) that BA may incur or be obligated to pay (collectively “Losses”) arising out of a breach of this condition.
Purchaser’s Facilities. At no cost to Seller, Purchaser shall construct, operate, and maintain the Project. The Project will be constructed at the location designated in the Site Lease (the “Project Site”). The initial processing capacity of the Project shall be 1100 scfm, which may be expanded from time-to-time, at Purchaser’s sole discretion. At all times during the term hereof, Purchaser’s Facilities shall be designed, constructed, and operated in compliance with all applicable laws and regulations including, without limitation, environmental laws and regulations.
Purchaser’s Facilities. The PURCHASER will grant to the GOVERNMENT, free of any rental or similar charge, but subject to the limitations specified in this contract, an irrevocable permit to enter the service location for any proper purpose under this contract, including use of the site or sites agreed upon by the parties hereto (see Schedule A) for the operation and maintenance of the meter required to be located upon PURCHASER’s premises.
Purchaser’s Facilities. Purchaser shall be responsible for all costs and expenses to construct, install, maintain, and operate the Purchaser’s Facilities (including, but not limited to, utilities expense). At all times during the term hereof, the Purchaser’s Facilities shall be designed, constructed, maintained and operated in compliance with all applicable permits, laws and regulations, including without limitation Environmental Laws. The Purchaser’s Facilities shall include equipment to automatically route Landfill Gas to and start Seller’s Flare in the event the Purchaser’s Facilities are inoperative, or Purchaser is not fully utilizing the Landfill Gas. In the event the Purchaser’s Facilities are inoperative for a period of five (5) consecutive days, Purchaser shall provide written notice to Seller of such fact and provide an estimate of the date by which the Purchaser’s Facilities shall be operative. Purchaser shall retain all rights to any Environmental Attribute, tax, emission or other credits with respect to the handling, processing and sale of Landfill Gas downstream of the Delivery Point, including without limitation, Purchaser’s operations, Purchaser’s Facilities, and the purchase of Landfill Gas by Gas Buyer(s) from Purchaser, or using Landfill Gas as a fuel, including without limitation, Renewable Energy Production Incentive Payments from the U.S. Department of Energy, and any credits realized in connection with the generation of energy, or the generation of electricity for its own account (if such use is mutually approved by the Parties), or the combustion of Landfill Gas by the Purchaser’s Facilities. Notwithstanding the foregoing, any Environmental Attribute, tax, emission or other credits that may be taken by Purchaser and Seller, but not both, shall be shared in the manner contemplated by Article 9.5, with the exception that any tax, emission or other credits that would be available to Seller without regard to Purchaser’s activities hereunder shall remain with Seller.
Purchaser’s Facilities. Seller shall furnish Purchaser with inlet strainers which are appropriate for the Energy Products to be provided hereunder at no additional cost to Purchaser. Said strainers, together with all piping, valves, regulators and other equipment furnished by Purchaser, shall be and remain the property of Purchaser. Purchaser agrees that it will properly maintain such equipment at all times. Additionally, by payment of $1,200,000.00, Purchaser may acquire title to all of the pipe, valves, meters, flow regulators, manholes and related equipment and materials that are to be furnished and installed on the Learning Corridor property as described in Exhibit A-1. Notwithstanding this transfer of title, Seller shall continue to be fully responsible for the maintenance, repair and replacement of all such transferred equipment for the duration of the Term of this Agreement, except to the extent that such maintenance, repair and replacement is required due to actions of Purchaser. In the event that the Purchaser pays the $1,200,000.00 described above, the initial Capital Recovery Component of the Monthly Payment, which is more fully described in Exhibit B-Rate Schedule shall be reduced by $9,167.00.
Purchaser’s Facilities. (a) If the Purchaser requires remote access to the Data Warehouse System, the Vendors may make remote access to the Data Warehouse System available to the Purchaser, but only:
