Common use of Subscriber Representations Clause in Contracts

Subscriber Representations. Subscriber represents and warrants to Provider and Wabash Valley as follows: 1.6.1. Subscriber is electing to participate in the Program solely for the purposes of reducing the cost of consuming electricity, obtaining the Renewable Attributes described above, supporting sustainable energy initiatives, and reducing negative impacts on the environment. Subscriber’s participation is not being made for investment purposes, including any capital appreciation or other profit. 1.6.2. Subscriber understands and agrees that it is not obtaining any ownership right to underlying Solar Projects or individual solar panels, nor any capacity rights with respect thereto, and that it will not have access or control of any portion of the Solar Projects. 1.6.3. Subscriber further acknowledges and understands that (a) the services of Provider hereunder consist primarily of administering the Program, including managing subscriptions and the distribution of Production Credits or Renewable Attributes, (b) Wabash Valley or other third parties are solely responsible for the selection and management of the Solar Projects and otherwise arranging for Provider’s ability to offer the Program, and (c) Provider is a member of Wabash Valley but does not exercise control over it. 1.6.4. Subscriber understands that the benefits of its subscription depend significantly on factors beyond the control of Provider, including weather and the availability of sunlight necessary to produce solar electricity, limitations in the solar technology used at the Solar Projects, fluctuations in energy market prices, and the effect of changes of law or regulations. Subscriber further acknowledges that Provider makes no representation or warranty as to Subscriber’s ability to utilize the Renewable Attributes.

Appears in 3 contracts

Samples: Community Solar Program Subscription Agreement, Community Solar Program Subscription Agreement, Community Solar Program Subscription Agreement

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Subscriber Representations. Subscriber represents and warrants to Provider and Wabash Valley as follows: 1.6.11.5.1. Subscriber is electing to participate in the Program solely for the purposes of reducing the cost of consuming electricity, obtaining the Renewable Attributes described above, supporting sustainable energy initiatives, and reducing negative impacts on the environment. Subscriber’s participation is not being made for investment purposes, including any capital appreciation or other profit. 1.6.21.5.2. Subscriber understands and agrees that it is not obtaining any ownership right to underlying Solar Projects or individual solar panels, nor any capacity rights with respect thereto, and that it will not have access or control of any portion of the Solar Projects. 1.6.31.5.3. Subscriber further acknowledges and understands that (a) the services of Provider hereunder consist primarily of administering the Program, including managing subscriptions and the distribution of Production Credits production credits or Renewable Attributes, (b) Wabash Valley or other third parties are solely responsible for the selection and management of the Solar Projects and otherwise arranging for Provider’s ability to offer the Program, and (c) Provider is a member of Wabash Valley but does not exercise control over it. 1.6.41.5.4. Subscriber understands that the benefits of its subscription depend significantly on factors beyond the control of Provider, including weather and the availability of sunlight necessary to produce solar electricity, limitations in the solar technology used at the Solar Projects, fluctuations in energy market prices, and the effect of changes of law or regulations. Subscriber further acknowledges that Provider makes no representation or warranty as to Subscriber’s ability to utilize the Renewable Attributes.

Appears in 3 contracts

Samples: Community Solar Program Subscription Agreement, Community Solar Program Subscription Agreement, Community Solar Program Subscription Agreement

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