Common use of Sewage Gas Clause in Contracts

Sewage Gas. (A) Subject to paragraph (B), the Facility generates electricity solely from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed). (B) The Permitted Ancillary Activity Exception applies. (C) No Fossil Fuel is used at the Facility for the express purpose of it being used as a fuel (other than to undertake Permitted Ancillary Activities), unless it forms part of Waste from which the gas is produced. Annex 5 (Project Commitments)‌ Delivery to the CfD Counterparty of the following: (A) a copy of a resolution of the Generator's board of directors (or an equivalent management committee or body) to: (i) undertake the Project; (ii) approve the total financial commitments required to commission the Project (the "Total Project Spend"); and (iii) approve a timetable for undertaking the Project which demonstrates that the Facility can reasonably be expected to be commissioned no later than the Longstop Date; (B) a Directors' Certificate certifying that: (i) the Generator has, or will have, sufficient financial resources to meet the Total Project Spend; (ii) any contract entered into and provided as Supporting Information pursuant to the Milestone Requirement Notice, in the reasonable opinion of the Generator by reference to the facts and circumstances then existing, is: (a) legal, valid and binding; and (b) entered into with one or more counterparties who are each able to perform their obligations under such contract; (iii) the Generator has a leasehold or freehold interest in the site where the Facility is based (the "Facility Site") or a contract to obtain the same; (iv) the Facility Site is not subject to any covenants, restrictions, agreements, planning obligations, estate contracts, options, rights of way or other encumbrances which materially inhibit the use of the Facility Site for the purposes of the Project; (v) there are available to the Facility Site such rights, easements and services as are necessary to undertake the Project and operate the Facility; (vi) the Generator has identified all necessary consents and planning permissions to undertake the Project (the "Necessary Consents"); and (vii) there is a credible strategy in place to obtain the Necessary Consents and the Necessary Consents are not subject to any condition for which there does not exist a plan to satisfy that condition, such that the Generator is not aware of any necessary consents and planning permissions which cannot be obtained or complied with, ((iii) to (vii), together the "Facility Requirements"); (C) Supporting Information evidencing (i) that the Generator has, or will have, sufficient financial resources to meet the Total Project Spend and (ii) the Facility Requirements. 1. ADVANCED CONVERSION TECHNOLOGY (A) Entry by the Generator into an engineering, procurement and construction contract for the Facility, providing for the supply and installation of the Material Equipment. (B) Entry by the Generator into an agreement for the supply of the Material Equipment. (C) Entry by the Generator into: (i) a framework agreement for the supply of the Material Equipment; and (ii) a binding purchase order for the Material Equipment. For the purpose of this section of Part B, the following definition shall apply to this Contract for Difference:

Appears in 3 contracts

Samples: CFD Agreement, CFD Agreement, CFD Agreement

AutoNDA by SimpleDocs

Sewage Gas. (A) Subject to paragraph (B), the Facility generates electricity solely from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed). (B) The Permitted Ancillary Activity Exception applies. (C) No Fossil Fuel is used at the Facility for the express purpose of it being used as a fuel (other than to undertake Permitted Ancillary Activities), unless it forms part of Waste from which the gas is produced. Annex 5 (Project Commitments)‌ Delivery to the CfD Counterparty of the following: (A) a copy of a resolution of the Generatoreach UJV Party's board of directors (or an equivalent management committee or body) to: (i) undertake the Project; (ii) approve the total financial commitments to be made by that UJV Party in relation to the commissioning of the Project and to confirm that the Generator has the total financial commitments required to commission the Project (the "Total Project Spend"); and (iii) approve a timetable for undertaking the Project which demonstrates that the Facility can reasonably be expected to be commissioned no later than the Longstop Date; (B) a Directors' Certificate from each UJV Party certifying that: (i) the Generator has, or will have, sufficient financial resources to meet the Total Project Spend; (ii) any contract entered into and provided as Supporting Information pursuant to the Milestone Requirement Requirements Notice, in the reasonable opinion of the Generator that UJV Party by reference to the facts and circumstances then existing, is: (a) legal, valid and binding; and (b) entered into with one or more counterparties who are each able to perform their obligations under such contract; (iii) the Generator has a leasehold or freehold interest in the site where the Facility is based (the "Facility Site") or a contract to obtain the same; (iv) the Facility Site is not subject to any covenants, restrictions, agreements, planning obligations, estate contracts, options, rights of way or other encumbrances which materially inhibit the use of the Facility Site for the purposes of the Project; (v) there are available to the Facility Site such rights, easements and services as are necessary to undertake the Project and operate the Facility; (vi) the Generator has identified all necessary consents and planning permissions to undertake the Project (the "Necessary Consents"); and (vii) there is a credible strategy in place to obtain the Necessary Consents and the Necessary Consents are not subject to any condition for which there does not exist a plan to satisfy that condition, such that the Generator that UJV Party is not aware of any necessary consents and planning permissions which cannot be obtained or complied with, ((iii) to (vii), together the "Facility Requirements");; and (C) Supporting Information evidencing (i) that the Generator has, or will have, sufficient financial resources to meet the Total Project Spend and (ii) the Facility Requirements. 1. ADVANCED CONVERSION TECHNOLOGY (A) Entry by a UJV Party or the Generator UJV Parties into an engineering, procurement and construction contract for the Facility, providing for the supply and installation of the Material Equipment. (B) Entry by a UJV Party or the Generator UJV Parties into an agreement for the supply of the Material Equipment. (C) Entry by a UJV Party or the Generator UJV Parties into: (i) a framework agreement for the supply of the Material Equipment; and (ii) a binding purchase order for the Material Equipment. For the purpose of this section of Part B, the following definition shall apply to this Contract for Difference:

Appears in 3 contracts

Samples: CFD Agreement for Unincorporated Joint Ventures, CFD Agreement for Unincorporated Joint Ventures, CFD Agreement for Unincorporated Joint Ventures

Sewage Gas. (A) Subject to paragraph (B), the Facility generates electricity solely from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed). (B) The Permitted Ancillary Activity Exception applies. (C) No Fossil Fuel is used at the Facility for the express purpose of it being used as a fuel (other than to undertake Permitted Ancillary Activities), unless it forms part of Waste from which the gas is produced. Annex 5 (Project Commitments)‌ Delivery to the CfD Counterparty of the following: (A) a copy of a resolution of the Generator's ’s board of directors (or an equivalent management committee or body) to: (i) undertake the Project; (ii) approve the total financial commitments required to commission the Project (the "Total Project Spend"); and (iii) approve a timetable for undertaking the Project which demonstrates that the Facility can reasonably be expected to be commissioned no later than the Longstop Date; (B) a Directors' Certificate certifying that: (i) the Generator has, or will have, sufficient financial resources to meet the Total Project Spend;; and (ii) any contract entered into and provided as Supporting Information pursuant to the Milestone Requirement Requirements Notice, in the reasonable opinion of the Generator by reference to the facts and circumstances then existing, is: (a) legal, valid and binding; and (b) entered into with one or more counterparties who are each able to perform their obligations under such contract; (iii) the Generator has a leasehold or freehold interest in the site where the Facility is based (the "Facility Site") or a contract to obtain the same; (iv) the Facility Site is not subject to any covenants, restrictions, agreements, planning obligations, estate contracts, options, rights of way or other encumbrances which materially inhibit the use of the Facility Site for the purposes of the Project; (v) there are available to the Facility Site such rights, easements and services as are necessary to undertake the Project and operate the Facility; (vi) the Generator has identified all necessary consents and planning permissions to undertake the Project (the "Necessary Consents"); and (vii) there is a credible strategy in place to obtain the Necessary Consents and the Necessary Consents are not subject to any condition for which there does not exist a plan approved by the Generator’s board of directors to satisfy that condition, such that the Generator is not aware of any necessary consents and planning permissions which cannot be obtained or complied with, ((iii) to (vii), together the "Facility Requirements"); (C) Supporting Information evidencing (i) that the Generator has, or will have, sufficient financial resources to meet the Total Project Spend and (ii) the Facility Requirements. 1. ADVANCED CONVERSION TECHNOLOGYAdvanced Conversion Technology (A) Entry by the Generator into an engineering, procurement and construction contract for the Facility, providing for the supply and installation of the Material Equipment. (B) Entry by the Generator into an agreement for the supply of the Material Equipment. (C) Entry by the Generator into: (i) a framework agreement for the supply of the Material Equipment; and (ii) a binding purchase order for the Material Equipment. For the purpose of this section of Part B, the following definition shall apply to this Contract for Difference:

Appears in 2 contracts

Samples: CFD Agreement, CFD Agreement

Sewage Gas. (A) Subject to paragraph (B), the Facility generates electricity solely from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed). (B) The Permitted Ancillary Activity Exception applies. (C) No Fossil Fuel is used at the Facility for the express purpose of it being used as a fuel (other than to undertake Permitted Ancillary Activities), unless it forms part of Waste from which the gas is produced. Annex 5 (Project Commitments)‌ Delivery to the CfD Counterparty of the following: (A) a copy of a resolution of the Generator's board of directors (or an equivalent management committee or body) to: (i) (i) undertake the Project; (ii) (ii) approve the total financial commitments required to commission the Project (the "Total Project Spend"); and (iii) (iii) approve a timetable for undertaking the Project which demonstrates that the Facility can reasonably be expected to be commissioned no later than the Longstop Date; (B) a Directors' Certificate certifying that: (i) the Generator has, or will have, sufficient financial resources to meet the Total Project Spend; (ii) any contract entered into and provided as Supporting Information pursuant to the Milestone Requirement Requirements Notice, in the reasonable opinion of the Generator by reference to the facts and circumstances then existing, is: (a) legal, valid and binding; and (b) entered into with one or more counterparties who are each able to perform their obligations under such contract; (iii) the Generator has a leasehold or freehold interest in the site where the Facility is based (the "Facility Site") or a contract to obtain the same; (iv) the Facility Site is not subject to any covenants, restrictions, agreements, planning obligations, estate contracts, options, rights of way or other encumbrances which materially inhibit the use of the Facility Site for the purposes of the Project; (v) there are available to the Facility Site such rights, easements and services as are necessary to undertake the Project and operate the Facility; (vi) the Generator has identified all necessary consents and planning permissions to undertake the Project (the "Necessary Consents"); and (vii) there is a credible strategy in place to obtain the Necessary Consents and the Necessary Consents are not subject to any condition for which there does not exist a plan to satisfy that condition, such that the Generator is not aware of any necessary consents and planning permissions which cannot be obtained or complied with, ((iii) to (vii), together the "Facility Requirements"); (C) Supporting Information evidencing (i) that the Generator has, or will have, sufficient financial resources to meet the Total Project Spend and (ii) the Facility Requirements. 1. ADVANCED CONVERSION TECHNOLOGY (A) Entry by the Generator into an engineering, procurement and construction contract for the Facility, providing for the supply and installation of the Material Equipment. (B) Entry by the Generator into an agreement for the supply of the Material Equipment. (C) Entry by the Generator into: (i) a framework agreement for the supply of the Material Equipment; and (ii) a binding purchase order for the Material Equipment. For the purpose of this section of Part B, the following definition shall apply to this Contract for Difference:

Appears in 2 contracts

Samples: CFD Agreement, CFD Agreement

Sewage Gas. (A) Subject to paragraph (B), the Facility generates electricity solely from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed). (B) The Permitted Ancillary Activity Exception applies. (C) No Fossil Fuel is used at the Facility for the express purpose of it being used as a fuel (other than to undertake Permitted Ancillary Activities), unless it forms part of Waste from which the gas is produced. Annex 5 (Project Commitments)‌ Delivery to the CfD Counterparty of the following: (A) a copy of a resolution of the Generator's board of directors (or an equivalent management committee or body) to: (i) undertake the Project; (ii) approve the total financial commitments required to commission the Project (the "Total Project Spend"); and (iii) approve a timetable for undertaking the Project which demonstrates that the Facility can reasonably be expected to be commissioned no later than the Longstop Date; (B) a Directors' Certificate certifying that: (i) the Generator has, or will have, sufficient financial resources to meet the Total Project Spend; (ii) any contract entered into and provided as Supporting Information pursuant to the Milestone Requirement Requirements Notice, in the reasonable opinion of the Generator by reference to the facts and circumstances then existing, is: (a) legal, valid and binding; and (b) entered into with one or more counterparties who are each able to perform their obligations under such contract; (iii) the Generator has a leasehold or freehold interest in the site where the Facility is based (the "Facility Site") or a contract to obtain the same; (iv) the Facility Site is not subject to any covenants, restrictions, agreements, planning obligations, estate contracts, options, rights of way or other encumbrances which materially inhibit the use of the Facility Site for the purposes of the Project; (v) there are available to the Facility Site such rights, easements and services as are necessary to undertake the Project and operate the Facility; (vi) the Generator has identified all necessary consents and planning permissions to undertake the Project (the "Necessary Consents"); and (vii) there is a credible strategy in place to obtain the Necessary Consents and the Necessary Consents are not subject to any condition for which there does not exist a plan to satisfy that condition, such that the Generator is not aware of any necessary consents and planning permissions which cannot be obtained or complied with, ((iii) to (vii), together the "Facility Requirements"); (C) Supporting Information evidencing (i) that the Generator has, or will have, sufficient financial resources to meet the Total Project Spend and (ii) the Facility Requirements. 1. ADVANCED CONVERSION TECHNOLOGY (A) Entry by the Generator into an engineering, procurement and construction contract for the Facility, providing for the supply and installation of the Material Equipment. (B) Entry by the Generator into an agreement for the supply of the Material Equipment. (C) Entry by the Generator into: (i) a framework agreement for the supply of the Material Equipment; and (ii) a binding purchase order for the Material Equipment. For the purpose of this section of Part B, the following definition shall apply to this Contract for Difference:

Appears in 2 contracts

Samples: CFD Agreement, CFD Agreement

Sewage Gas. (A) Subject to paragraph (B), the Facility generates electricity solely from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed). (B) The Permitted Ancillary Activity Exception applies. (C) No Fossil Fuel is used at the Facility for the express purpose of it being used as a fuel (other than to undertake Permitted Ancillary Activities), unless it forms part of Waste from which the gas is produced. Annex 5 (Project Commitments)‌ Delivery to the CfD Counterparty of the following: (A) a copy of a resolution of the Generator's each UJV Party’s board of directors (or an equivalent management committee or body) to: (i) undertake the Project; (ii) approve the total financial commitments to be made by that UJV Party in relation to the commissioning of the Project and to confirm that the Generator has the total financial commitments required to commission the Project (the "Total Project Spend"); and (iii) approve a timetable for undertaking the Project which demonstrates that the Facility can reasonably be expected to be commissioned no later than the Longstop Date; (B) a Directors' Certificate from each UJV Party certifying that: (i) the Generator has, or will have, sufficient financial resources to meet the Total Project Spend; (ii) any contract entered into and provided as Supporting Information pursuant to the Milestone Requirement Requirements Notice, in the reasonable opinion of the Generator that UJV Party by reference to the facts and circumstances then existing, is: (a) legal, valid and binding; and (b) entered into with one or more counterparties who are each able to perform their obligations under such contract; (iii) the Generator has a leasehold or freehold interest in the site where the Facility is based (the "Facility Site") or a contract to obtain the same; (iv) the Facility Site is not subject to any covenants, restrictions, agreements, planning obligations, estate contracts, options, rights of way or other encumbrances which materially inhibit the use of the Facility Site for the purposes of the Project; (v) there are available to the Facility Site such rights, easements and services as are necessary to undertake the Project and operate the Facility; (vi) the Generator has identified all necessary consents and planning permissions to undertake the Project (the "Necessary Consents"); and (vii) there is a credible strategy in place to obtain the Necessary Consents and the Necessary Consents are not subject to any condition for which there does not exist a plan to satisfy that condition, such that the Generator that UJV Party is not aware of any necessary consents and planning permissions which cannot be obtained or complied with, ((iii) to (vii), together the "Facility Requirements");; and (C) Supporting Information evidencing (i) that the Generator has, or will have, sufficient financial resources to meet the Total Project Spend and (ii) the Facility Requirements. 1. ADVANCED CONVERSION TECHNOLOGYAdvanced Conversion Technology (A) Entry by a UJV Party or the Generator UJV Parties into an engineering, procurement and construction contract for the Facility, providing for the supply and installation of the Material Equipment. (B) Entry by a UJV Party or the Generator UJV Parties into an agreement for the supply of the Material Equipment. (C) Entry by a UJV Party or the Generator UJV Parties into: (i) a framework agreement for the supply of the Material Equipment; and (ii) a binding purchase order for the Material Equipment. For the purpose of this section of Part B, the following definition shall apply to this Contract for Difference:

Appears in 2 contracts

Samples: CFD Agreement for Unincorporated Joint Ventures, CFD Agreement

Sewage Gas. (A) Subject to paragraph (B), the Facility generates electricity solely from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed). (B) The Permitted Ancillary Activity Exception applies. (C) No Fossil Fuel is used at the Facility for the express purpose of it being used as a fuel (other than to undertake Permitted Ancillary Activities), unless it forms part of Waste from which the gas is produced. Annex 5 (Project Commitments)‌ Delivery to the CfD Counterparty of the following: (A) a copy of a resolution of the Generator's board of directors (or an equivalent management committee or body) to: (i) undertake the Project; (ii) approve the total financial commitments required to commission the Project (the "Total Project Spend"); and (iii) approve a timetable for undertaking the Project which demonstrates that the Facility can reasonably be expected to be commissioned no later than the Longstop Date; (B) a Directors' Certificate certifying that: (i) the Generator has, or will have, sufficient financial resources to meet the Total Project Spend; (ii) any contract entered into and provided as Supporting Information pursuant to the Milestone Requirement Notice, in the reasonable opinion of the Generator by reference to the facts and circumstances then existing, is: (a) legal, valid and binding; and (b) entered into with one or more counterparties who are each able to perform their obligations under such contract; (iii) the Generator has a leasehold or freehold interest in the site where the Facility is based (the "Facility Site") or a contract to obtain the same; (iv) the Facility Site is not subject to any covenants, restrictions, agreements, planning obligations, estate contracts, options, rights of way or other encumbrances which materially inhibit the use of the Facility Site for the purposes of the Project; (v) there are available to the Facility Site such rights, easements and services as are necessary to undertake the Project and operate the Facility; (vi) the Generator has identified all necessary consents and planning permissions to undertake the Project (the "Necessary Consents"); and (vii) there is a credible strategy in place to obtain the Necessary Consents and the Necessary Consents are not subject to any condition for which there does not exist a plan to satisfy that condition, such that the Generator is not aware of any necessary consents and planning permissions which cannot be obtained or complied with, ((iii) to (vii), together the "Facility Requirements"); (C) Supporting Information evidencing (i) that the Generator has, or will have, sufficient financial resources to meet the Total Project Spend and (ii) the Facility Requirements. 1. ADVANCED CONVERSION TECHNOLOGY (A) Entry by the Generator into an engineering, procurement and construction contract for the Facility, providing for the supply and installation of the Material Equipment. (B) Entry by the Generator into an agreement for the supply of the Material Equipment. (C) Entry by the Generator into: (i) a framework agreement for the supply of the Material Equipment; and (ii) a binding purchase order for the Material Equipment. For the purpose of this section of Part B, the following definition shall apply to this Contract for Difference:

Appears in 2 contracts

Samples: CFD Agreement, CFD Agreement

Sewage Gas. (A) Subject to paragraph (B), the Facility generates electricity solely from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed). (B) The Permitted Ancillary Activity Exception applies. (C) No Fossil Fuel is used at the Facility for the express purpose of it being used as a fuel (other than to undertake Permitted Ancillary Activities), unless it forms part of Waste from which the gas is produced. Annex 5 (Project Commitments)‌ Delivery to the CfD Counterparty of the following: (A) a copy of a resolution of the Generatoreach UJV Party's board of directors (or an equivalent management committee or body) to: (i) undertake the Project; (ii) approve the total financial commitments to be made by that UJV Party in relation to the commissioning of the Project and to confirm that the Generator has the total financial commitments required to commission the Project (the "Total Project Spend"); and (iii) approve a timetable for undertaking the Project which demonstrates that the Facility can reasonably be expected to be commissioned no later than the Longstop Date; (B) a Directors' Certificate from each UJV Party certifying that: (i) the Generator has, or will have, sufficient financial resources to meet the Total Project Spend; (ii) any contract entered into and provided as Supporting Information pursuant to the Milestone Requirement Requirements Notice, in the reasonable opinion of the Generator that UJV Party by reference to the facts and circumstances then existing, is: (a) legal, valid and binding; and (b) entered into with one or more counterparties who are each able to perform their obligations under such contract; (iii) the Generator has a leasehold or freehold interest in the site where the Facility is based (the "Facility Site") or a contract to obtain the same; (iv) the Facility Site is not subject to any covenants, restrictions, agreements, planning obligations, estate contracts, options, rights of way or other encumbrances which materially inhibit the use of the Facility Site for the purposes of the Project; (v) there are available to the Facility Site such rights, easements and services as are necessary to undertake the Project and operate the Facility; (vi) the Generator has identified all necessary consents and planning permissions to undertake the Project (the "Necessary Consents"); and (vii) there is a credible strategy in place to obtain the Necessary Consents and the Necessary Consents are not subject to any condition for which there does not exist a plan to satisfy that condition, such that the Generator that UJV Party is not aware of any necessary consents and planning permissions which cannot be obtained or complied with, ((iii) to (vii), together the "Facility Requirements");; and (C) Supporting Information evidencing (i) that the Generator has, or will have, sufficient financial resources to meet the Total Project Spend and (ii) the Facility Requirements. 1. ADVANCED CONVERSION TECHNOLOGY (A) Entry by a UJV Party or the Generator UJV Parties into an engineering, procurement and construction contract for the Facility, providing for the supply and installation of the Material Equipment. (B) Entry by a UJV Party or the Generator UJV Parties into an agreement for the supply of the Material Equipment. (C) Entry by a UJV Party or the Generator UJV Parties into: (i) a framework agreement for the supply of the Material Equipment; and (ii) a binding purchase order for the Material Equipment. For the purpose of this section of Part B, the following definition shall apply to this Contract for Difference:

Appears in 1 contract

Samples: CFD Agreement for Unincorporated Joint Ventures

Sewage Gas. (A) Subject to paragraph (B), the Facility generates electricity solely from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed). (B) The Permitted Ancillary Activity Exception applies. (C) No Fossil Fuel is used at the Facility for the express purpose of it being used as a fuel (other than to undertake Permitted Ancillary Activities), unless it forms part of Waste from which the gas is produced. Annex 5 (Project Commitments)‌ Delivery to the CfD Counterparty of the following: (A) a copy of a resolution of the Generator's ’s board of directors (or an equivalent management committee or body) to: (i) undertake the Project; (ii) approve the total financial commitments required to commission the Project (the "Total Project Spend"); and (iii) approve a timetable for undertaking the Project which demonstrates that the Facility can reasonably be expected to be commissioned no later than the Longstop Date; (B) a Directors' Certificate certifying that: (i) the Generator has, or will have, sufficient financial resources to meet the Total Project Spend;; and (ii) any contract entered into and provided as Supporting Information pursuant to the Milestone Requirement Requirements Notice, in the reasonable opinion of the Generator by reference to the facts and circumstances then existing, is: (a) legal, valid and binding; and (b) entered into with one or more counterparties who are each able to perform their obligations under such contract; (iii) the Generator has a leasehold or freehold interest in the site where the Facility is based (the "Facility Site") or a contract to obtain the same; (iv) the Facility Site is not subject to any covenants, restrictions, agreements, planning obligations, estate contracts, options, rights of way or other encumbrances which materially inhibit the use of the Facility Site for the purposes of the Project; (v) there are available to the Facility Site such rights, easements and services as are necessary to undertake the Project and operate the Facility; (vi) the Generator has identified all necessary consents and planning permissions to undertake the Project (the "Necessary Consents"); and (vii) there is a credible strategy in place to obtain the Necessary Consents and the Necessary Consents are not subject to any condition for which there does not exist a plan approved by the Generator’s board of directors to satisfy that condition, such that the Generator is not aware of any necessary consents and planning permissions which cannot be obtained or complied with, ((iii) to (vii), together the "Facility Requirements"); (C) Supporting Information evidencing (i) that the Generator has, or will have, sufficient financial resources to meet the Total Project Spend and (ii) the Facility Requirements. 1. ADVANCED CONVERSION TECHNOLOGYAdvanced Conversion Technology (A) Entry by the Generator into an engineering, procurement and construction contract for the Facility, providing for the supply and installation of the Material Equipment. (B) Entry by the Generator into an agreement for the supply of the Material Equipment. (C) Entry by the Generator into: (i) a framework agreement for the supply of the Material Equipment; and (ii) a binding purchase order for the Material Equipment. For the purpose of this section of Part B, the following definition shall apply to this Contract for Difference:

Appears in 1 contract

Samples: CFD Agreement

Sewage Gas. (A) Subject to paragraph (B), the Facility generates electricity solely from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed). (B) The Permitted Ancillary Activity Exception applies. (C) No Fossil Fuel is used at the Facility for the express purpose of it being used as a fuel (other than to undertake Permitted Ancillary Activities), unless it forms part of Waste from which the gas is produced. Annex 5 (Project Commitments)‌ Delivery to the CfD Counterparty of the following: (A) a copy of a resolution of the Generator's each UJV Party’s board of directors (or an equivalent management committee or body) to: (i) undertake the Project; (ii) approve the total financial commitments to be made by that UJV Party in relation to the commissioning of the Project and to confirm that the Generator has the total financial commitments required to commission the Project (the "Total Project Spend"); and (iii) approve a timetable for undertaking the Project which demonstrates that the Facility can reasonably be expected to be commissioned no later than the Longstop Date; (B) a Directors' Certificate from each UJV Party certifying that: (i) : the Generator has, or will have, sufficient financial resources to meet the Total Project Spend; (ii) ; any contract entered into and provided as Supporting Information pursuant to the Milestone Requirement Requirements Notice, in the reasonable opinion of the Generator that UJV Party by reference to the facts and circumstances then existing, is: (a) legal, valid and binding; and (b) entered into with one or more counterparties who are each able to perform their obligations under such contract; (iii) ; the Generator has a leasehold or freehold interest in the site where the Facility is based (the "Facility Site") or a contract to obtain the same; (iv) ; the Facility Site is not subject to any covenants, restrictions, agreements, planning obligations, estate contracts, options, rights of way or other encumbrances which materially inhibit the use of the Facility Site for the purposes of the Project; (v) ; there are available to the Facility Site such rights, easements and services as are necessary to undertake the Project and operate the Facility; (vi) ; the Generator has identified all necessary consents and planning permissions to undertake the Project (the "Necessary Consents"); and (vii) and there is a credible strategy in place to obtain the Necessary Consents and the Necessary Consents are not subject to any condition for which there does not exist a plan approved by that UJV Party’s or another UJV Party’s board of directors to satisfy that condition, such that the Generator that UJV Party is not aware of any necessary consents and planning permissions which cannot be obtained or complied with, ((iii) to (vii), together the "Facility Requirements"); (C) Supporting Information evidencing (i) that the Generator has, or will have, sufficient financial resources to meet the Total Project Spend and (ii) the Facility Requirements. 1. ADVANCED CONVERSION TECHNOLOGYAdvanced Conversion Technology (A) Entry by a UJV Party or the Generator UJV Parties into an engineering, procurement and construction contract for the Facility, providing for the supply and installation of the Material Equipment. (B) Entry by a UJV Party or the Generator UJV Parties into an agreement for the supply of the Material Equipment. (C) Entry by a UJV Party or the Generator UJV Parties into: (i) a framework agreement for the supply of the Material Equipment; and (ii) a binding purchase order for the Material Equipment. For the purpose of this section of Part B, the following definition shall apply to this Contract for Difference:

Appears in 1 contract

Samples: CFD Agreement for Unincorporated Joint Ventures

AutoNDA by SimpleDocs

Sewage Gas. (A) Subject to paragraph (B), the Facility generates electricity solely from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed). (B) The Permitted Ancillary Activity Exception applies. (C) No Fossil Fuel is used at the Facility for the express purpose of it being used as a fuel (other than to undertake Permitted Ancillary Activities), unless it forms part of Waste from which the gas is produced. Annex 5 (Project Commitments)‌ Delivery to the CfD Counterparty of the following: (A) a copy of a resolution of the Generator's each UJV Party’s board of directors (or an equivalent management committee or body) to: (i) undertake the Project; (ii) approve the total financial commitments to be made by that UJV Party in relation to the commissioning of the Project and to confirm that the Generator has the total financial commitments required to commission the Project (the "Total Project Spend"); and (iii) approve a timetable for undertaking the Project which demonstrates that the Facility can reasonably be expected to be commissioned no later than the Longstop Date; (B) a Directors' Certificate from each UJV Party certifying that: (i) the Generator has, or will have, sufficient financial resources to meet the Total Project Spend;; and (ii) any contract entered into and provided as Supporting Information pursuant to the Milestone Requirement Requirements Notice, in the reasonable opinion of the Generator that UJV Party by reference to the facts and circumstances then existing, is: (a) legal, valid and binding; and (b) entered into with one or more counterparties who are each able to perform their obligations under such contract; (iii) the Generator has a leasehold or freehold interest in the site where the Facility is based (the "Facility Site") or a contract to obtain the same; (iv) the Facility Site is not subject to any covenants, restrictions, agreements, planning obligations, estate contracts, options, rights of way or other encumbrances which materially inhibit the use of the Facility Site for the purposes of the Project; (v) there are available to the Facility Site such rights, easements and services as are necessary to undertake the Project and operate the Facility; (vi) the Generator has identified all necessary consents and planning permissions to undertake the Project (the "Necessary Consents"); and (vii) there is a credible strategy in place to obtain the Necessary Consents and the Necessary Consents are not subject to any condition for which there does not exist a plan approved by that UJV Party’s or another UJV Party’s board of directors to satisfy that condition, such that the Generator that UJV Party is not aware of any necessary consents and planning permissions which cannot be obtained or complied with, ((iii) to (vii), together the "Facility Requirements"); (C) Supporting Information evidencing (i) that the Generator has, or will have, sufficient financial resources to meet the Total Project Spend and (ii) the Facility Requirements. 1. ADVANCED CONVERSION TECHNOLOGYAdvanced Conversion Technology (A) Entry by a UJV Party or the Generator UJV Parties into an engineering, procurement and construction contract for the Facility, providing for the supply and installation of the Material Equipment. (B) Entry by a UJV Party or the Generator UJV Parties into an agreement for the supply of the Material Equipment. (C) Entry by a UJV Party or the Generator UJV Parties into: (i) a framework agreement for the supply of the Material Equipment; and (ii) a binding purchase order for the Material Equipment. For the purpose of this section of Part B, the following definition shall apply to this Contract for Difference:

Appears in 1 contract

Samples: CFD Agreement for Unincorporated Joint Ventures

Sewage Gas. (A) Subject to paragraph (B), the Facility generates electricity solely from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed). (B) The Permitted Ancillary Activity Exception applies. (C) No Fossil Fuel is used at the Facility for the express purpose of it being used as a fuel (other than to undertake Permitted Ancillary Activities), unless it forms part of Waste from which the gas is produced. Annex 5 (Project Commitments)‌ Delivery to the CfD Counterparty of the following: (A) a copy of a resolution of the Generatoreach UJV Party's board of directors (or an equivalent management committee or body) to: (i) undertake the Project; (ii) approve the total financial commitments to be made by that UJV Party in relation to the commissioning of the Project and to confirm that the Generator has the total financial commitments required to commission the Project (the "Total Project Spend"); and (iii) approve a timetable for undertaking the Project which demonstrates that the Facility can reasonably be expected to be commissioned no later than the Longstop Date; (B) a Directors' Certificate from each UJV Party certifying that: (i) the Generator has, or will have, sufficient financial resources to meet the Total Project Spend; (ii) any contract entered into and provided as Supporting Information pursuant to the Milestone Requirement Requirements Notice, in the reasonable opinion of the Generator that UJV Party by reference to the facts and circumstances then existing, is: (a) legal, valid and binding; and (b) entered into with one or more counterparties who are each able to perform their obligations under such contract; (iii) the Generator has a leasehold or freehold interest in the site where the Facility is based (the "Facility Site") or a contract to obtain the same; (iv) the Facility Site is not subject to any covenants, restrictions, agreements, planning obligations, estate contracts, options, rights of way or other encumbrances which materially inhibit the use of the Facility Site for the purposes of the Project; (v) there are available to the Facility Site such rights, easements and services as are necessary to undertake the Project and operate the Facility; (vi) the Generator has identified all necessary consents and planning permissions to undertake the Project (the "Necessary Consents"); and (vii) there is a credible strategy in place to obtain the Necessary Consents and the Necessary Consents are not subject to any condition for which there does not exist a plan to satisfy that condition, such that the Generator that UJV Party is not aware of any necessary consents and planning permissions which cannot be obtained or complied with, ((iii) to (vii), together the "Facility Requirements");; and (C) Supporting Information evidencing (i) that the Generator has, or will have, sufficient financial resources to meet the Total Project Spend and (ii) the Facility Requirements. 1. ADVANCED CONVERSION TECHNOLOGY (A) Entry by a UJV Party or the Generator UJV Parties into an engineering, procurement and construction contract for the Facility, providing for the supply and installation of the Material Equipment. (B) Entry by the Generator into an agreement for the supply of the Material Equipment. (C) Entry by the Generator into: (i) a framework agreement for the supply of the Material Equipment; and (ii) a binding purchase order for the Material Equipment. For the purpose of this section of Part B, the following definition shall apply to this Contract for Difference:

Appears in 1 contract

Samples: CFD Agreement for Unincorporated Joint Ventures

Sewage Gas. (A) Subject to paragraph (B), the Facility generates electricity solely from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed). (B) The Permitted Ancillary Activity Exception applies. (C) No Fossil Fuel is used at the Facility for the express purpose of it being used as a fuel (other than to undertake Permitted Ancillary Activities), unless it forms part of Waste from which the gas is produced. Annex 5 (. Part A: General Project Commitments)‌ Delivery to the CfD Counterparty of the following:Commitments (A) a copy of a resolution of the Generator's ’s board of directors (or an equivalent management committee or body) to: (i) undertake the Project; (ii) approve the total financial commitments required to commission the Project (the "Total Project Spend"); and (iii) approve a timetable for undertaking the Project which demonstrates that the Facility can reasonably be expected to be commissioned no later than the Longstop Date; (B) a Directors' Certificate certifying that: (i) the Generator has, or will have, sufficient financial resources to meet the Total Project Spend;; and (ii) any contract entered into and provided as Supporting Information pursuant to the Milestone Requirement Requirements Notice, in the reasonable opinion of the Generator by reference to the facts and circumstances then existing, is: (a) legal, valid and binding; and (b) entered into with one or more counterparties who are each able to perform their obligations under such contract; (iii) the Generator has a leasehold or freehold interest in the site where the Facility is based (the "Facility Site") or a contract to obtain the same; (iv) the Facility Site is not subject to any covenants, restrictions, agreements, planning obligations, estate contracts, options, rights of way or other encumbrances which materially inhibit the use of the Facility Site for the purposes of the Project; (v) there are available to the Facility Site such rights, easements and services as are necessary to undertake the Project and operate the Facility; (vi) the Generator has identified all necessary consents and planning permissions to undertake the Project (the "Necessary Consents"); and (vii) there is a credible strategy in place to obtain the Necessary Consents and the Necessary Consents are not subject to any condition for which there does not exist a plan approved by the Generator’s board of directors to satisfy that condition, such that the Generator is not aware of any necessary consents and planning permissions which cannot be obtained or complied with, ((iii) to (vii), together the "Facility Requirements"); (C) Supporting Information evidencing (i) that the Generator has, or will have, sufficient financial resources to meet the Total Project Spend and (ii) the Facility Requirements. 1. ADVANCED CONVERSION TECHNOLOGYAdvanced Conversion Technology (A) Entry by the Generator into an engineering, procurement and construction contract for the Facility, providing for the supply and installation of the Material Equipment. (B) Entry by the Generator into an agreement for the supply of the Material Equipment. (C) Entry by the Generator into: (i) a framework agreement for the supply of the Material Equipment; and (ii) a binding purchase order for the Material Equipment. For the purpose of this section of Part B, the following definition shall apply to this Contract for DifferenceCfD Agreement:

Appears in 1 contract

Samples: CFD Agreement

Sewage Gas. (A) Subject to paragraph (B), the Facility generates electricity solely from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed). (B) The Permitted Ancillary Activity Exception applies. (C) No Fossil Fuel is used at the Facility for the express purpose of it being used as a fuel (other than to undertake Permitted Ancillary Activities), unless it forms part of Waste from which the gas is produced. Annex 5 (Project Commitments)‌ Delivery to the CfD Counterparty of the following: (A) a copy of a resolution of the Generator's ’s board of directors (or an equivalent management committee or body) to: (i) undertake the Project; (ii) approve the total financial commitments required to commission the Project (the "Total Project Spend"); and (iii) approve a timetable for undertaking the Project which demonstrates resolves that the Facility can reasonably be expected to be commissioned no later than the Longstop Date; (B) a Directors' Certificate certifying that: (i) the Generator has, or will have, sufficient financial resources to meet the Total Project Spend;; and (ii) any contract entered into and provided as Supporting Information pursuant to the Milestone Requirement Requirements Notice, in the reasonable opinion of the Generator by reference to the facts and circumstances then existing, is: (a) legal, valid and binding; and (b) entered into with one or more counterparties who are each able to perform their obligations under such contract; (iiiC) Supporting Information evidencing that the Generator has, or will have, sufficient financial resources to meet the Total Project Spend; and (D) Supporting Information evidencing that: (i) the Generator has a leasehold or freehold interest in the site where the Facility is based (the "Facility Site") or a contract to obtain the same; (ivii) the Facility Site is not subject to any covenants, restrictions, agreements, planning obligations, estate contracts, options, rights of way or other encumbrances which materially inhibit the use of the Facility Site for the purposes of the Project; (v) there are available to the Facility Site such rights, easements and services as are necessary to undertake the Project and operate the Facility; (vi) the Generator has identified all necessary consents and planning permissions to undertake the Project (the "Necessary Consents"); and (vii) there is a credible strategy in place to obtain the Necessary Consents and the Necessary Consents are not subject to any condition for which there does not exist a plan to satisfy that condition, such that the Generator is not aware of any necessary consents and planning permissions which cannot be obtained or complied with, ((iii) to (vii), together the "Facility Requirements"); (C) Supporting Information evidencing (i) that the Generator has, or will have, sufficient financial resources to meet the Total Project Spend and (ii) the Facility Requirements. 1. ADVANCED CONVERSION TECHNOLOGY (A) Entry by the Generator into an engineering, procurement and construction contract for the Facility, providing for the supply and installation of the Material Equipment. (B) Entry by the Generator into an agreement for the supply of the Material Equipment. (C) Entry by the Generator into: (i) a framework agreement for the supply of the Material Equipment; and (ii) a binding purchase order for the Material Equipment. For the purpose of this section of Part B, the following definition shall apply to this Contract for Difference:

Appears in 1 contract

Samples: CFD Agreement

Sewage Gas. (A) Subject to paragraph (B), the Facility generates electricity solely from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed). (B) The Permitted Ancillary Activity Exception applies. (C) No Fossil Fuel is used at the Facility for the express purpose of it being used as a fuel (other than to undertake Permitted Ancillary Activities), unless it forms part of Waste from which the gas is produced. Annex 5 (Project Commitments)‌ Delivery to the CfD Counterparty of the following: (A) a copy of a resolution of the Generator's ’s board of directors (or an equivalent management committee or body) to: (i) undertake the Project; (ii) approve the total financial commitments required to commission the Project (the "Total Project Spend"); and (iii) approve a timetable for undertaking the Project which demonstrates that the Facility can reasonably be expected to be commissioned no later than the Longstop Date; (B) a Directors' Certificate certifying that: (i) the Generator has, or will have, sufficient financial resources to meet the Total Project Spend; (ii) any contract entered into and provided as Supporting Information pursuant to the Milestone Requirement Requirements Notice, in the reasonable opinion of the Generator by reference to the facts and circumstances then existing, is: (a) legal, valid and binding; and (b) entered into with one or more counterparties who are each able to perform their obligations under such contract; (iii) the Generator has a leasehold or freehold interest in the site where the Facility is based (the "Facility Site") or a contract to obtain the same; (iv) the Facility Site is not subject to any covenants, restrictions, agreements, planning obligations, estate contracts, options, rights of way or other encumbrances which materially inhibit the use of the Facility Site for the purposes of the Project; (v) there are available to the Facility Site such rights, easements and services as are necessary to undertake the Project and operate the Facility; (vi) the Generator has identified all necessary consents and planning permissions to undertake the Project (the "Necessary Consents"); and (vii) there is a credible strategy in place to obtain the Necessary Consents and the Necessary Consents are not subject to any condition for which there does not exist a plan approved by the Generator’s board of directors to satisfy that condition, such that the Generator is not aware of any necessary consents and planning permissions which cannot be obtained or complied with, ((iii) to (vii), together the "Facility Requirements"); (C) Supporting Information evidencing (i) that the Generator has, or will have, sufficient financial resources to meet the Total Project Spend and (ii) the Facility Requirements. 1. ADVANCED CONVERSION TECHNOLOGYAdvanced Conversion Technology (A) Entry by the Generator into an engineering, procurement and construction contract for the Facility, providing for the supply and installation of the Material Equipment. (B) Entry by the Generator into an agreement for the supply of the Material Equipment. (C) Entry by the Generator into: (i) a framework agreement for the supply of the Material Equipment; and (ii) a binding purchase order for the Material Equipment. For the purpose of this section of Part B, the following definition shall apply to this Contract for Difference:

Appears in 1 contract

Samples: CFD Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!