Common use of SGIP Funds Clause in Contracts

SGIP Funds. At all times during the Delivery Term, the Project must include Units that were installed without using financial incentives under the Self-Generation Incentive Program (“SGIP”) with an aggregate rated capacity of no less than the capacity associated with the Operational Characteristics. The Project may include Units that were installed using financial incentives under SGIP in excess of the capacity associated with the Operational Characteristics, provided that Seller complies with all rules and requirements under SGIP. Buyer makes no representations or warranties with respect to the availability of financial incentives under the SGIP. Seller shall be fully responsible for all acts and omissions of its Affiliates and Customers and for all cost, charges and liabilities incurred by its Affiliates and Customers to the same extent that Seller would be responsible under this Agreement for such acts, omissions, costs, charges and liabilities if taken, omitted or incurred by Seller directly.