Qualifying Equipment Sample Clauses

Qualifying Equipment. As used in this Agreement, “Equipment” means the Customer’s photovoltaic/solar or wind electric generating facility with a maximum output capacity of no more than fifty kilowatts (50 kW), to be permanently located on Customer’s premises, that will interconnect and operate in parallel with BPUB’s electric power supply system at 120/240 volts single phase. Customer shall be responsible for the design, installation and operation of the Equipment consistent with this Agreement, and shall obtain and maintain all required permits and approvals and provide copies of same to BPUB. Customer’s Equipment is described in greater detail in Exhibit “A,” which is incorporated herein as if set forth in full. Customer expressly acknowledges that the Equipment’s operation is intended primarily to offset part of Customer’s own electrical requirements and shall not exceed 90% of the Customer’s historical or estimated consumption. The Equipment may be modified only with BPUB’s advance written approval.
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Qualifying Equipment. SubVAD may submit referrals only for Equipment listed on Schedule 1 (“Qualifying Equipment”) which is purchased or otherwise acquired from the manufacturer of such Equipment by SubVAD or from VAD or other agreed suppliers and sold to end-users. No Compensation will be paid on equipment which is included in the following categories: Equipment ordered and purchased by a Subscriber from Verizon or Verizon Enterprise Sales (“VES"), or Equipment purchased from Verizon for resale to customers. The Parties agree that compensable Qualifying Equipment Activations under this DRP Attachment shall be strictly limited only to Qualifying Equipment purchased by end-users from SubVAD. The foregoing limitation shall apply for Compensation purposes, whether or not an ORF is submitted with non-qualifying Equipment or mixed Qualifying Equipment and non-qualifying Equipment; in any such event, only Activations of Qualifying Equipment shall be eligible for Compensation to SubVAD, and not Activations of any non-qualifying Equipment.
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Qualifying Equipment. Any Grant funds disbursed pursuant to the Grant Agreement and this Exhibit shall be limited to purchasing Equipment that meets all of the following qualifications:
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Qualifying Equipment. Each item of Qualifying Equipment, as of the date of each Request for Advance with respect thereto, meets the criteria therefor as herein set forth, except for those set forth on Schedule 7.5.
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Qualifying Equipment. Equipment eligible for incentives must meet the following requirements: • Be new and of good quality, free from damage or defect • Be installed as a replacement unit or as part of a remodel in a residential property • Meet or exceed specifications as outlined on the Rebate Application Form Confidentiality Agreement: All information that a Participating Contractor submits to the Program, including invoicing data to Consumers Energy, will be kept confidential within the Program and will only be used in aggregate form, as required, by the Michigan Public Services Commission. Limitation of Liability: IN NO EVENT SHALL CONSUMERS ENERGY BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR INTERRUPTION OF BUSINESS) ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnification: To the fullest extent permitted by law, the Participating Contractor shall, at its own cost, defend, indemnify and hold harmless Consumers Energy (“Sponsor”) and ICF International (“Implementer”), including their officers, directors, employees, agents and successors, from and against any and all liabilities, damages, losses, claims, demands, actions, causes of action, costs, including attorney’s fees and expenses, and all court or arbitration or other dispute resolution costs resulting from, arising out of or in any way directly connected with this Agreement or work performed by the Contractor. The Participating Contractor acknowledges that he/she has read this Participation Agreement, understands it and agrees to be bound by its terms and further agrees that it is the entire Participation Agreement that supersedes all prior understandings, written or oral, relating to the subject matter hereof. No modification or waiver of any provision shall be binding unless it is contained in writing and signed by both the Participating Contractor and Consumers Energy. ADDENDUM: PARTICIPATION AGREEMENT CHECKLIST
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Qualifying Equipment. Note: Implementer please describe per Project_
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Qualifying Equipment. Only approved residential equipment installed in a residential home qualifies for “WeCare” Agreements. Specifically only natural gas/LP and electric furnaces / hot water boilers less than 200,000 BTUH, air handlers, split system heat pumps / air conditioners less than 5 tons nominal capacity, duct free split system heat pumps / air conditioners less than 3.5 tons nominal capacity, Natural gas/LP fireplaces less than 55,000 BTUH capacity, natural gas/LP under fired storage type water heaters with less than 50,000 BTUH capacity, natural gas/LP tankless water heaters and boilers less than 250,000 BTUH, flow through humidifiers, HRV and ERV with less than 300 CFM capacity. Oil fired equipment is excluded from our plans. Gas logs, conversion burners, window or sleeve heat pumps / air conditioners, Package Terminal Air Conditioners, and roof top equipment are not eligible for WeCare Agreements. All equipment must be installed within our normal service areas. Equipment installed in attics, crawl spaces, or require the use of a ladder to gain access is excluded from our plans. The customer must supply reasonable access (as defined in the current gas code and manufacturers' installation and service instructions) to all covered equipment.
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Qualifying Equipment. SubVAD may submit referrals only for Equipment listed on Schedule 1 (“Qualifying Equipment”) which is purchased or otherwise acquired from the manufacturer of such Equipment by SubVAD or from VAD or other agreed suppliers and sold to end-users. No Compensation will be paid on equipment which is included in the following categories: Equipment ordered and purchased by a Subscriber from Verizon or Verizon Enterprise Sales (“VES"), or Equipment purchased from Verizon for resale to customers. The Parties agree that compensable Qualifying Equipment Activations under this DRP Attachment shall be strictly limited only to Qualifying Equipment purchased by end-users from SubVAD. The foregoing limitation shall apply for Compensation purposes, whether or not an ORF is submitted with non-qualifying Equipment or mixed Qualifying Equipment and non-qualifying Equipment; in any such event, only Activations of Qualifying Equipment shall be eligible for Compensation to SubVAD, and not Activations of any non-qualifying Equipment. All Equipment for which Activation is requested by SubVAD pursuant to this DRP Attachment, and which shall be eligible for Compensation, shall be devices that have been certified for operation on the Verizon network and shall comply with all applicable laws and regulations, be approved by Verizon for use with the Verizon Service and otherwise comply with the following requirements: The Equipment must be Verizon Service accessible, have a Type Acceptance Certificate from the FCC, pursuant to Part 22 of Title 47 of the United States Code of Federal Regulations, be Authenticatable, be CTIA certified, and comply with all CTIA guidelines for RF emissions and specific absorption rate (“SAR”) level disclosure. All Products Activated on the Facilities by SubVAD shall be E-911 Compliant. Currently, Equipment that is confirmed by Verizon as data only and not voice capable is not required to be E911 Compliant. Verizon and VAD shall not be responsible, and hereby disclaim responsibility to provide on a direct or indirect basis, installation, maintenance, and warranty service for the Equipment. Verizon shall have no responsibility to SubVAD or Subscribers with respect to any Equipment sales and/or leases, which shall be made by or on behalf of SubVAD for its own/their account and not as agent for, or for the account of, Verizon. Neither shall Verizon have any responsibility to SubVAD or Subscribers with respect to the sale, lease, installation, warranty service, ...
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Qualifying Equipment a. Customer is responsible for checking the product/equipment specification to make sure that all requirements are met.
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Related to Qualifying Equipment

  • Leased Equipment The risk of loss or damage to leased equipment, goods or property shall not transfer to the University except as provided in §680.219, Florida Statutes. Any security interest in the leased equipment, goods or property granted to the Contractor contrary to AGO 79-72 and AGO 80-9 is null and void. Limitations of remedies provisions, which are unconscionable under applicable Florida law, are void. MATERIAL SAFETY DATA SHEET (MSDS). In compliance with Florida Statutes, Ch. 442, a Material Safety Data Sheet (MSDS) must accompany any applicable item delivered under this Agreement.

  • Machinery and Equipment Except for items disposed of in the ordinary course of business, all machinery, tools, furniture, fixtures, equipment, vehicles, leasehold improvements and all other tangible personal property (hereinafter “Fixed Assets”) of the Company currently being used in the conduct of its business, or included in determining the net book value of the Company on the Balance Sheet Date, together with any machinery or equipment that is leased or operated by the Company, are in fully serviceable working condition and repair. Said Fixed Assets shall be maintained in such condition from the date hereof through the Closing Date. Except as described on Schedule 4.14 hereto, all Fixed Assets owned, used or held by the Company are situated at its business premises and are currently used in its business. Schedule 4.14 describes all Fixed Assets owned by or an interest in which is claimed by any other person (whether a customer, supplier or other person) for which the Company is responsible (copies of all agreements relating thereto being attached to said Schedule 4.14), and all such property is in the Company’s actual possession and is in such condition that upon the return of such property in its present condition to its owner, the Company will not be liable in any amount to such owner. There are no outstanding requirements or recommendations by any insurance company that has issued a policy covering either (i) such Fixed Assets or (ii) any liabilities of the Company relating to operation of the Business, or by any board of fire underwriters or other body exercising similar functions, requiring or recommending any repairs or work to be done on any Fixed Assets or any changes in the operations of the Business, any equipment or machinery used therein, or any procedures relating to such operations, equipment or machinery. All Fixed Assets of the Company are set forth on Schedule 4.14 hereto.

  • Sale of Equipment During the period from the date of such notice given pursuant to Section 10.1 to the Termination Date, Lessee, as non-exclusive agent for Lessor and, except as provided in Section 10.3, at Lessee's sole cost and expense, shall use reasonable best efforts to obtain bids from Persons other than Lessee, the Manager or any of their respective Affiliates for the cash purchase of the Terminated Units, and Lessee shall promptly, and in any event at least five Business Days prior to the proposed date of sale, certify to Lessor in writing the amount and terms of each such bid, the proposed date of such sale and the name and address of the party submitting such bid. Unless Lessor shall have elected to retain the Terminated Units in accordance with Section 10.3, on the Termination Date: (i) Lessee shall deliver the Terminated Units (excluding any optional Severable Modifications removed by Lessee pursuant to Section 9.2) to the bidder (which shall not be Lessee or Manager or an Affiliate of Lessee or Manager (for the avoidance of doubt the bidder may be a Customer, or a customer of the Manager, and neither the Manager nor any Affiliate shall be prohibited from managing the Units for such bidder after the purchase by such bidder)) that shall have submitted the highest cash bid prior to such date (or to such other bidder as Lessee and Lessor shall agree) and (ii) subject to the prior or concurrent receipt (x) by Lessor of all amounts owing to Lessor pursuant to the next sentence and (y) by the Persons entitled thereto of all unpaid Supplemental Rent due on or before the Termination Date, Lessor shall, without recourse or warranty (except as to the absence of any Lessor's Lien) simultaneously therewith transfer all of its right, title and interest in and to the Terminated Units to such bidder. The net proceeds of sale realized at such sale shall be paid to Lessor and, in addition, on the Termination Date, Lessee shall pay to Lessor (A) all Basic Rent with respect to such Terminated Units due and payable prior to the Termination Date (exclusive of any Basic Rent with respect to the Terminated Units due on such date), (B) the excess, if any, of (1) the Termination Amount for the Terminated Units computed as of the Termination Date over (2) the net cash sales proceeds (after the deduction of all applicable sales, transfer or similar taxes) of the Terminated Units, (C) an amount equal to any unpaid Late Payment Interest in respect of any Rent in respect of the Terminated Units not paid when due (including, for the avoidance of doubt, Rent corresponding to the principal amount of the Equipment Notes to be prepaid in accordance with Section 2.10(a) of the Indenture) and (D) all other Rent in respect of the Terminated Units (exclusive of any Basic Rent on the Terminated Units due on such date) then due and payable hereunder (which shall include, without limitation, a portion of the Policy Provider Amounts and Policy Provider Reimbursement Costs, if any, equal to the product obtained by multiplying the unpaid Policy Provider Amounts and Policy Provider Reimbursement Costs by a fraction, the numerator of which shall be the Equipment Cost of the Terminated Units and the denominator of which shall be the aggregate Equipment Costs of all Units then subject to this Lease and Late Payment Interest related thereto), so that, after receipt and application of all such payments, but without withdrawal from any CAA Accounts other than the applicable Non-Shared Payments Account, (i) Lessor shall be entitled under the terms of the Collateral Agency Agreement to receive, and does receive, taking into account all payments of Basic Rent, in respect of all such Units, the sum of the portion of the Accumulated Equity Deficiency Amount allocable to the Terminated Units and Late Payment Interest related thereto and any other amounts then due to Lessor and (ii) the Policy Provider has received the portion of Policy Provider Amounts and Policy Provider Reimbursement Costs calculated above. If no sale shall have occurred, whether as a result of Lessee's failure to pay all of the amounts hereinabove required or otherwise, this Lease shall continue in full force and effect with respect to such Units and Lessee agrees to reimburse Lessor, Policy Provider and the Indenture Trustee for all reasonable costs and expenses (including reasonable legal fees and expenses) incurred by any thereof in connection therewith. Lessee, in acting as agent for Lessor, shall have no liability to Lessor for failure to obtain the best price, shall act in its sole discretion and shall be under no duty to solicit bids publicly or in any particular market. Owner Participant shall have the right, but not the obligation, to obtain bids either directly or through agents other than Lessee.

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