QFCP Tariff. Operator represents and warrants to Owner that, during the Term, the Portfolio shall not fail to receive full payment and service under the Tariffs for any of the following reasons: (i) Operator shall not remain a Qualified Fuel Cell Provider throughout the original term of the QFCP Tariff. (ii) Operator shall take any action which causes or is likely to cause: (i) Owner not to qualify (or lose qualification) for service under the QFCP Tariff or (ii) the Portfolio not to qualify (or lose qualification) as a Qualified Fuel Cell Project. (iii) Operator shall have not complied with any of its obligations under the Letter Agreement (including, if so required by the State of Delaware, posting the security referred to in the Letter Agreement upon or prior to the Commencement of Operation of the first Bloom System).
Appears in 6 contracts
Samples: Master Operation and Maintenance Agreement (Bloom Energy Corp), Master Operation and Maintenance Agreement (Bloom Energy Corp), Master Operation and Maintenance Agreement (Bloom Energy Corp)
