Representation of the Discharger Sample Clauses

Representation of the Discharger. As a material consideration for the Regional Water Board’s acceptance of this Stipulation and Order, the Discharger represents that it will utilize the funds as described on page 11 of the project proposal contained in Exhibit “A” to implement the Compliance Project in accordance with the implementation schedule set forth above in Section III, Paragraph 10. The Discharger understands that its promise to implement the Compliance Project, in its entirety and in accordance with the schedule for implementation, is a material condition of this settlement of liability between the Discharger and the Regional Water Board.
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Representation of the Discharger. As a material consideration for the Los Angeles Water Board’s acceptance of this Order, the Discharger represents that it will utilize the SEP Amount to implement the Calas Park Stormwater SEP in accordance with terms and conditions described in this Stipulated Order and Attachment B. The Discharger understands that its commitment to implement the Calas Park Stormwater SEP in accordance with the schedule and deliverables for implementation is a material condition of this settlement of liability between the Parties.
Representation of the Discharger. As a material consideration for the San Diego Water Board’s acceptance of this Order, the Discharger represents that it will utilize the Suspended Liability outlined in Paragraph 14 to implement the Project in accordance with the Project proposal as described in Attachment B. The Discharger understands that its promise to implement the Project in accordance with the schedule and deliverables for implementation is a material condition of this settlement of liability between the Parties.
Representation of the Discharger. As a material consideration for the Regional Water Board’s acceptance of this Stipulation, the Discharger represents that it will utilize the funds as described in paragraph 12 to implement the CP in accordance with the implementation schedule set forth above. The Discharger understands that its promise to implement the CP, in its entirety and in accordance with the schedule for implementation, is a material condition of this settlement of liability between the Discharger and the Regional Water Board.
Representation of the Discharger. As a material consideration for the San Diego Water Board’s acceptance of this Order, the Discharger represents that it will utilize the Suspended Liability outlined in Paragraph 23 to implement the SEPs in accordance with the SEP proposals as described in Attachments B and
Representation of the Discharger. As a material consideration for the Regional Water Board’s acceptance of this Order, the Discharger represents that it will utilize the SEP Amount outlined in Paragraph 13 to fund the City of Needles’ implementation of the SEP in accordance with the SEP proposal as described in Exhibit 2. The Discharger understands that its promise to fully fund the SEP as described in Exhibit 2 is a material condition of this settlement of liability between the Parties.
Representation of the Discharger. As a material consideration for the Central Valley Water Board’s acceptance of this Order, the Discharger represents that it will utilize the Suspended Liability outlined in Paragraph 19 to implement the Project in accordance with the Project proposal as described in Attachment B. The Discharger understands that its promise to implement the Project in accordance with the schedule for implementation is a material condition of this settlement of liability between the Parties.
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Related to Representation of the Discharger

  • Representations of the Developer The Developer represents, covenants and warrants to the District as follows:

  • Representations and Covenants In accordance with IRS Notice 2001-82 and IRS Notice 88-129, the Interconnection Customer represents and covenants that (i) ownership of the electricity generated at the Large Generating Facility will pass to another party prior to the transmission of the electricity on the CAISO Controlled Grid, (ii) for income tax purposes, the amount of any payments and the cost of any property transferred to the Participating TO for the Participating TO's Interconnection Facilities will be capitalized by the Interconnection Customer as an intangible asset and recovered using the straight-line method over a useful life of twenty (20) years, and (iii) any portion of the Participating TO's Interconnection Facilities that is a “dual-use intertie,” within the meaning of IRS Notice 88-129, is reasonably expected to carry only a de minimis amount of electricity in the direction of the Large Generating Facility. For this purpose, “de minimis amount” means no more than 5 percent of the total power flows in both directions, calculated in accordance with the “5 percent test” set forth in IRS Notice 88- 129. This is not intended to be an exclusive list of the relevant conditions that must be met to conform to IRS requirements for non-taxable treatment. At the Participating TO’s request, the Interconnection Customer shall provide the Participating TO with a report from an independent engineer confirming its representation in clause (iii), above. The Participating TO represents and covenants that the cost of the Participating TO's Interconnection Facilities paid for by the Interconnection Customer without the possibility of refund or credit will have no net effect on the base upon which rates are determined.

  • Representation by Counsel Each Party hereby represents that it has had the opportunity to be represented by legal counsel of its choice in connection with the negotiation and execution of this Agreement.

  • Representations and Warranties of the Issuer The Issuer represents and warrants that:

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