REPRESENTATIONS, WARRANTIES AND COVENANTS 16. QF Representations, Warranties and Covenants 16 Georgia Power Representations, Warranties and Covenants 17 Survival of Representations, Warranties and Covenants 18 SECTION 13: EVENTS OF DEFAULT; REMEDIES 18 Default by QF 18 Default by Georgia Power 19 Remedies for Events of Default 20 Liability and Damages 20 SECTION 14: COMPLIANCE WITH LAWS 20 Compliance 20 Approvals 20 Change of Law 21 SECTION 15: GPSC AND FERC APPROVALS 21 GPSC: Recovery of Payments from Ratepayers 21 FERC: Recovery of Payments from Ratepayers 21 FERC: Reduction of Rates 21 SECTION 16: INDEMNIFICATION 21 Scope of Indemnity 21 Notice of Proceedings 21 SECTION 17: INSURANCE 22 Insurance Required of QF 22 Proof of Insurance 22 General Terms 22 General Liability Insurance 22 Additional Insurance 22 Notice of Change or Cancellation 23 Payment of Premiums 23 No Waiver of Liability 23 SECTION 18: FORCE MAJEURE 23 Definition of Force Majeure Event 23 No Breach or Liability 24 Mitigation 24 Suspension of Performance 24 Extended Force Majeure Event 24 Adjustments to Monthly Capacity Payment 24 SECTION 19: DISPUTE RESOLUTION 25 Notice of Dispute; Dispute Resolution Process 25 SECTION 20: MISCELLANEOUS 25 Assignment 25 Reimbursement for Georgia Power’s Costs from Assignments 25 General Requirements 26 Taxes 26 Georgia Power’s Agent 26 Confidentiality 26 No Partnership 27 Successors and Assigns 27 No Third-Party Benefit 27 No Georgia Power Affiliate Liability 27 Time of Essence; No Waiver 27 Amendments 27 Notice 27 Press Releases 28 Liability 28 Counterparts 28 Article and Section Headings 28 Entire Agreement 28 Interpretation 28 Governing Law 28 Submission to Jurisdiction 28 Transfer of Information Acknowledgement 29 Severability 29 APPENDIX A - ANNUAL CAPACITY RATES APPENDIX B - PEAK PERIOD HOURS APPENDIX C - FACILITY DESCRIPTION AND SITE APPENDIX D - PERFORMANCE TESTING APPENDIX E - TRANSFER OF INFORMATION ACKNOWLEDGEMENT APPENDIX F - VIE CERTIFICATION APPENDIX G - FINANCE LEASE CERTIFICATION STANDARD CONTRACT FOR THE PURCHASE OF FIRM CAPACITY AND ENERGY FROM A QUALIFYING FACILITY This Standard Contract for the Purchase of Firm Capacity and Energy from a Qualifying Facility (“Agreement”) dated as of [ , 20 ] (the “Effective Date”), is between Georgia Power Company, a corporation organized and existing under the laws of the state of Georgia, having its principal place of business in Atlanta, Georgia (“Georgia Power”), and [ ], a [ _], (“QF”), and QF and Georgia Power may be hereinafter referred to...
REPRESENTATIONS, WARRANTIES AND COVENANTS 16. 10.1 Ocera Representations and Warranties 16 10.2 Licensee Representations and Warranties 17 **Confidential Treatment Requested**
REPRESENTATIONS, WARRANTIES AND COVENANTS 16. SECTION 3.1. Representations, Warranties and Covenants with respect to Net Swap Receipts 16 SECTION 3.2. Representations, Warranties and Covenants with respect to Receivables 16
REPRESENTATIONS, WARRANTIES AND COVENANTS 16. Section 301. Representations, Warranties and Covenants by Authority 16 Section 302. Representations, Warranties and Covenants by Tenant 18
REPRESENTATIONS, WARRANTIES AND COVENANTS 16. 5.1 Corporate Authority; No Breach of Other Agreement 16 5.2 Product Warranties 16 5.3 Remedies for Breach of Warranty 17
REPRESENTATIONS, WARRANTIES AND COVENANTS 16. 7.1 Subtenant’s Representations, Warranties and Covenants 16 7.2 Sublandlord’s Representations, Warranties and Covenants 17
REPRESENTATIONS, WARRANTIES AND COVENANTS 16. Section 3.1 Representations and Warranties of the Lessees and DTAG 16 Section 3.2 Affirmative Covenants of the Lessees and DTAG 17 Section 3.3 Negative Covenants of the Lessees and DTAG 19 ARTICLE IV. Miscellaneous 19
