Common use of RPS Eligibility; Conveyance of Green Attributes Clause in Contracts

RPS Eligibility; Conveyance of Green Attributes. (a) Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement that: (i) The Project qualifies and is certified by the CEC as an Eligible Renewable Energy Resource ("ERR") as such tenn is defined in Public Utilities Code Section 399.12 or Section 399.16; and (ii) The Project's output delivered to Xxxxx qualifies under the requirements of the California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. (b) Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Tenn of this Agreement the Renewable Energy Credits transferred to Buyer confonn to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set forth in California Public Utilities Commission Decision 08~08-O28, and as may be modified by subsequent decision of the California Public Utilities Commission or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. (c) Seller warrants that all necessary steps to allow the Renewable Energy Credits transferred 10 Buyer to be tracked in the Western Renewable Energy Generation Information System will be taken prior to the first delivery under the contract. (d) Seller hereby provides and conveys all Green Attributes associated with all electricity generation from the Project to Buyer as part of the Product being delivered. Seller represents and warrants that Seller holds the rights to all Green Attributes from the Project, and Xxxxxx agrees to convey and hereby conveys all such Green Attributes to Buyer as included in the delivery of the Product from the Project.

RPS Eligibility; Conveyance of Green Attributes. (a) Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement Agreemenl that: (i) The Project qualifies and is certified by the CEC as an Eligible Renewable Energy Resource ("ERR") as such tenn term is defined in Public Pllblic Utilities Code Section Seclion 399.12 or Section 399.16; and (ii) The Project's output delivered to Xxxxx qualifies under the requirements of the California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. (b) Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Tenn Term of this Agreement the Renewable Energy Credits transferred to Buyer confonn conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set forth in California Public Utilities Commission Decision 08~0800-O2800-000, and as may be modified by subsequent decision of the California Public Utilities Commission or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this Ihis representation and warranty to be materially false or misleading, it It shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. (c) Seller warrants that all necessary steps to allow the Renewable Energy Credits transferred 10 to Buyer to be tracked in In the Western Renewable Energy Generation Information System SY'stem will be taken prior to the first delivery under the contract. (d) Seller hereby provides and conveys all Green Attributes associated with all electricity generation from the Project to Buyer as part of the Product being delivered. Seller represents and warrants that Seller holds the rights to all Green Attributes from the Project, and Xxxxxx agrees to convey and hereby conveys all such Green Attributes to Buyer as included in the delivery of the Product from the Project.

RPS Eligibility; Conveyance of Green Attributes. (a) Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term Teml of this Agreement that: (i) The Project qualifies and is certified by the CEC as an Eligible Renewable Energy Resource ("ERR") as such tenn term is defined dermed in Public Utilities Code Section 399.12 or Section 399.16; and (ii) The Project's output delivered to Xxxxx qualifies Buyer quali fies under the requirements of the California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. (b) Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Tenn Term of this Agreement the Renewable Energy Credits transferred to Buyer confonn conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set forth in California Public Utilities Commission Decision 08~0800-O2800-000, and as may be modified by subsequent decision of the California Public Utilities Commission or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. (c) Seller warrants that all necessary steps to allow the Renewable Energy Credits transferred 10 to Buyer to be tracked in the Western Renewable Energy Generation Information System will be taken prior to the first delivery under the contract. (d) Seller hereby provides and conveys all Green Attributes associated with all electricity generation from the Project to Buyer as part of the Product being delivered. _ Seller represents and warrants that Seller holds the rights to all Green Attributes from the Project, and Xxxxxx Seller agrees to convey and hereby conveys all such Green Attributes to Buyer as included in the delivery of the Product from the Project.

RPS Eligibility; Conveyance of Green Attributes. (a) Seller, and, if jf applicable, its successors, represents and warrants <lodwarrants that throughout the Delivery Term Tenn of this Agreement LhisAgreement that: (i) The Project qualifies and is certified by the CEC as an Eligible Renewable Energy Resource ("ERR") as such tenn term is defined in Public Utilities Code Section 399.12 or Section 399.163W.16; and (ii) The Project's output delivered to Xxxxx Buyer qualifies under the requirements of the California Renewables Renewnbles Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. (b) Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Tenn Term of this Agreement the Renewable Energy Credits transferred to Buyer confonn conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set forth in California Public Utilities Commission Decision 08~0800-O2800-000, and as may be modified by subsequent decision sub5Gquentdecision of the California Public Utilities Commission Conunission or by subsequent legislation. To the extent ex.tent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used lisen commercially reasonable efforts to comply with such change in law. (c) Seller warrants that all necessary steps to allow the Renewable Energy Credits transferred 10 to Buyer to be tracked in the Western Renewable Energy Generation Information System will be taken prior to the first firsl delivery under the contract.contracL (d) Seller hereby provides and conveys l;onvt:ys a. 1lGn:t:1l Allribult:s lilisu;;ialeu wilh all Green Attributes associated with all electricity dectri;;lly generation from the Project to Buyer as part of the Product being delivered. Seller represents and warrants that Seller holds the rights to 10 all Green Attributes from the Project, and Xxxxxx Seller agrees to convey and nnd hereby conveys all such Green Attributes to Buyer as included in the delivery of the Product from the Project.

RPS Eligibility; Conveyance of Green Attributes. (a) Seller, and, if applicable, . its successors, . represents and warrants that throughout the Delivery Term of this o[lhis Agreement that: (i) The Project qualifies and is certified by the CEC as an Eligible Renewable Energy Resource ("ERR") as such tenn tcon is defined in Public Utilities Code Section 399.12 or Section 399.16; and (ii) The Project's output delivered to Xxxxx 10 Buyer qualifies under undel-the requirements of the California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an nn Event of Default if Seller has used commercially reasonable efforts to cUllllllerl.:iallyreasQllable effOitSto comply with such change sUl::hd1311gC in law. (b) Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Tenn Term of this Agreement the Renewable Energy Credits transferred transferrf'd to Buyer confonn conform to the definition and attributes required for compliance complian.;:e with the California Renewables Rcncwables Portfolio Standard, as set forth in California Public Utilities Commission Decision 08~08-O28, and 00~00~000,and as may be modified moditled by subsequent decision of the California Public Utilities Commission or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. (c) Seller warrants that all necessary steps to allow the Renewable Energy Credits transferred 10 to Buyer to be tracked in the Western Renewable Energy Generation Information System will be taken prior to the first delivery under the contract. (d) Seller hereby provides and conveys all aU Green Attributes associated with all electricity generation from the Project to Buyer as part of the Product being delivered. Seller represents and warrants that W;:l{Tdnl~Ilml Seller holds the rights to all Green Attributes from the ProjectProjecl, and Xxxxxx Seller agrees to convey and hereby conveys all such Green Attributes to Buyer as included in the delivery of the Product from the Project.

RPS Eligibility; Conveyance of Green Attributes. (a) Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement that: (i) The Project qualifies and is certified by the CEC as an Eligible Renewable Energy Resource ("ERR") as such tenn term is defined in Public Utilities Code Section 399.12 or Section 399.16; and (ii) The Project's output delivered to Xxxxx Buyer qualifies under the tbe requirements of the ofthe California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this ofthis Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. (b) Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Tenn Term of this Agreement the Renewable Energy Credits transferred to Buyer confonn conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set forth in California Public Utilities Commission Decision 08~0800-O2800-000, and as may be modified by subsequent decision of the California Public Utilities Commission or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially malerially false or misleading, it shall not no! be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. (c) Seller warrants that all necessary steps to allow the Renewable Energy Credits transferred 10 to Buyer to be tracked in the Western Renewable Energy Generation Information System will be taken prior to the first delivery under the contract. (d) Seller hereby provides and conveys all Green Attributes associated with all electricity generation from the Project to Buyer as part of the Product being delivered. Seller represents and warrants that Seller holds the rights to all Green Attributes from the Project, and Xxxxxx agrees to convey and hereby conveys all such Green Attributes to Buyer as included in the delivery of the Product from the Project.Project-

RPS Eligibility; Conveyance of Green Attributes. (a) Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement that: (i) The Project qualifies and is certified by the CEC as an Eligible Renewable Energy Resource ("“ERR"”) as such tenn term is defined in Public Utilities Code Section 399.12 or Section 399.16; and (ii) The Project's ’s output delivered to Xxxxx Buyer qualifies under the requirements of the California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. (b) Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Tenn Term of this Agreement the Renewable Energy Credits transferred to Buyer confonn conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set forth in California Public Utilities Commission Decision 08~0800-O2800-000, and as may be modified by subsequent decision of the California Public Utilities Commission or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. (c) Seller warrants that all necessary steps to allow the Renewable Energy Credits transferred 10 to Buyer to be tracked in the Western Renewable Energy Generation Information System will be taken prior to the first delivery under the contract. (d) Seller hereby provides and conveys all Green Attributes associated with all electricity generation from the Project to Buyer as part of the Product being delivered. Seller represents and warrants that Seller holds the rights to all Green Attributes from the Project, and Xxxxxx Seller agrees to convey and hereby conveys all such Green Attributes to Buyer as included in the delivery of the Product from the Project.

RPS Eligibility; Conveyance of Green Attributes. (a) Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement that: (i) The Project qualifies and is certified by the CEC as an Eligible Renewable Energy Resource ("ERR") as such tenn term is defined in Public Utilities Code Section 399.12 or Section 399.16; and (ii) The Project's output delivered to Xxxxx qualifies under the requirements of the California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. (b) Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Tenn Term of this Agreement the Renewable Energy Credits transferred to Buyer confonn conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set forth in California Public Utilities Commission Decision 08~08-O2800~00~000, and as may be modified by subsequent decision of the ofthe California Public Utilities Commission or by subsequent legislation. To the extent a change in law occurs after execution of this ofthis Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. (c) Seller warrants that all necessary steps to allow the Renewable Energy Credits transferred 10 to Buyer to be tracked in the Western Renewable Energy Generation Information System will be taken prior to the first delivery under the contract. (d) Seller hereby provides and conveys all Green Attributes associated with all electricity generation from the Project to Buyer as part of the Product being delivered. Seller represents and warrants that Seller holds the rights to all Green Attributes from the Project, and Xxxxxx agrees to convey and hereby conveys all such Green Attributes to Buyer as included in the delivery of the Product from the Project.