Subscription Limitations. CSG SO shall issue Subscriptions in the CSG PV System only to eligible retail electric service customers of Black Hills Energy subject to the requirements of Section 3.3 above. To the extent a Subscription is issued to or held by a CSG Subscriber who is not an eligible retail electric customer of Black Hills Energy, such Subscription shall be deemed invalid and terminated. The proportional share of Photovoltaic Energy output and associated RECs attributable to such invalid Subscription shall be treated as unsubscribed for purposes of the CSG Allocation and applicable pricing. In the event Black Hills Energy discovers through a credible source that the CSG Subscriber to which such CSG Allocation is attributable no longer holds a valid Subscription in the CSG PV System, Black Hills Energy reserves the right to suspend the application of CSG Credits for purposes of this Agreement, either in whole or in part, until the situation is remedied by the CSG SO.
Subscription Limitations. Notwithstanding the obligation of the Investor set forth in Section 2.1, the maximum number of Purchased Shares subscribed for hereunder and previously acquired pursuant to the Master Purchase Agreement and the Warrant Certificate shall be subject to the following limitations:
(a) if the TSX does not grant conditional approval to permit the Investor to acquire in the aggregate more than 19.9% of the issued and outstanding Common Shares, then the maximum number of Common Shares that may be acquired will amount to 19.9% of issued and outstanding share capital of the Corporation as at the Tranche 2 Closing Date; and
(b) if the Corporation obtains conditional approval from the TSX, and authorization from NYSE, as applicable, to permit the Investor to acquire in the aggregate more than 19.9% of the issued and outstanding Common Shares (including through shareholder approval of the applicable GM Transaction Resolution), then the maximum number of Common Shares issuable hereunder shall be the lesser of:
(i) the maximum amount that Investor may hold that will not reasonably be expected to result in Investor having to consolidate the Corporation's financial performance in connection with preparing the Investor's financial statements under U.S. GAAP, unless the Investor consents otherwise; and
(ii) the number of Common Shares that will, upon completion of the Tranche 2 Investment, result in the Investor holding 30% of the issued and outstanding Common Shares.
Subscription Limitations. SRC Producer shall issue Subscriptions in the PV System only to eligible retail electric service customers of Public Service subject to the requirements of Section 3.3 above. To the extent a Subscription is issued to or held by an SRC Subscriber who is not an eligible retail electric customer of Public Service, such Subscription shall be deemed invalid and eliminated from the SRC Application System. The proportional share of Photovoltaic Energy output and associated RECs attributable to such invalid Subscription shall be treated as unsubscribed for purposes of the SRC Allocation and applicable pricing. In the event Public Service discovers through a credible source that the SRC Subscriber to which such SRC Allocation is attributable no longer holds a valid Subscription in the PV System, Public Service reserves the right to suspend the application of SRC Credits for purposes of this Agreement, either in whole or in part, until the situation is remedied by the SRC Producer. In the event Public Service discovers through a credible source that the SRC Subscriber to which such SRC Allocation is attributable no longer meets the qualification of low income as defined under 4 CCR 723-3-3652(o) in the PV System, Public Service reserves the right to suspend the application of SRC Credits for purposes of this Agreement, either in whole or in part, until the situation is remedied by the SRC Producer. Furthermore, until the remedy has occurred the SRC Producer will be paid at the rate described in Section 2.6 of this Agreement for any energy producer that is attributable to the applicable SRC Allocation.
Subscription Limitations. SRC Producer shall issue Subscriptions in the PV System only to eligible retail electric service customers of Public Service subject to the requirements of Section 3.3 above. To the extent a Subscription is issued to or held by an SRC Subscriber who is not an eligible retail electric customer of Public Service, such Subscription shall be deemed invalid and eliminated from the SRC Application System. The proportional share of Photovoltaic Energy output and associated RECs attributable to such invalid Subscription shall be treated as unsubscribed for purposes of the SRC Allocation and applicable pricing. If the SRC Subscriber to which such SRC Allocation is attributable no longer holds a valid Subscription in the PV System, Public Service reserves the right to suspend the application of SRC Credits for purposes of this Agreement, either in whole or in part, until the situation is remedied by the SRC Producer. If the SRC Subscriber to which such SRC Allocation is attributable no longer meets the qualification of low income as defined under 4 CCR 723-3-3877(f) in the PV System, Public Service reserves the right to suspend the application of SRC Credits for purposes of this Agreement, either in whole or in part, until the situation is remedied by the SRC Producer. Furthermore, until the remedy has occurred the SRC Producer will be paid at the rate described in Section 2.6 of this Agreement for any energy producer that is attributable to the applicable SRC Allocation.
Subscription Limitations. Following the Date of Commercial Operation, the Project will have at least ten Subscribers (or such different number as required by the Community Solar Act or Applicable Law from time to time). Except for a Native Community Solar Project, no Subscriber will, at any time following the Date of Commercial Operation, be allocated more than forty percent of the generating capacity of the Project (or such different percentage as required by the Community Solar Act or Applicable Law from time to time). Subscriber Organization shall ensure that each Subscription is sized to supply no more than 100 percent of the Subscriber’s average annual electricity consumption at the premises to which the Subscription is attributed. Subscriber Organization shall ensure at least thirty percent (or such different percentage as required by the Applicable Law from time to time) of the electricity produced from the Project is reserved for low-income customers or low-income service organizations, as defined by the Community Solar Act. Subscriber Organization shall ensure that premises to which a Subscription is attributed by a Subscriber will be a premise served by Company’s retail electric service. If any Subscriber’s premises to which a Subscription hereunder pertains, as the result of the official and valid action of any governmental body, is no longer provided retail electric service from Company, then, effective upon the date such premises is no longer served by Company, Subscriber Organization shall remove such Subscription from the Billing Data and, if Subscriber Organization fails to do so, Company shall have the right to remove such Subscription on the Subscriber Organization’s behalf. Company reserves the right to refuse to accept any additions, 317 REGIONAL VICE PRESIDENT – X REGULATORY & PRICING
Subscription Limitations. 3.1. As a condition of Your license and subscription to the Service, You agree to abide by the restrictions outlined in this Section 3.
3.2. We may, at our option, adopt rules for permitted and appropriate use and may update them from time to time on Our Site; You will be bound by any such rules. We reserve the right to remove any of Your Content that constitutes Objectionable Matter or violates any of Our rules regarding appropriate use, but are not obligated to do so. You and Your Users will comply with all applicable laws regarding Your Content, use of the Service and Our Content, including laws involving private data and any applicable export controls.
3.3. We reserve the right to suspend or terminate for cause immediately any User account or activity that is disrupting or causing harm to Our computers, systems or infrastructure or to other parties, or is in violation of state or federal laws regarding “spam,” including, without limitation, the CAN-SPAM Act of 2003. Any such spamming activity by You is considered a material breach of this Agreement.
3.4. It is our policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act as outlined in our Privacy Statement (xxxx://xxx.XxxXxxxx.xxx/Privacy.aspx) or other applicable law and to terminate the accounts of repeat infringers.
3.5. As a condition of Your license and use of the Service, You agree not to:
3.5.1. Use the Site or Service in any unlawful manner or in any other manner that could damage, disable, interfere with, or overburden the Site.
3.5.2. Access the Site or Service for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.5.3. Reverse engineer the Service.
3.5.4. Use or access the Service to: (i) build or test a competitive product or service;
Subscription Limitations. Customer’s use of the Application and/or Associated Materials is explicitly subject to Customer’s agreement to abide by any and all limitations, restrictions, and subscription levels/options associated with Customer’s account, which shall be explicitly set forth in the applicable Company order acknowledgement(s) issued pursuant to Customer’s purchase of the supplemental support services in connection with which this Application is provided (“Supplemental Support Services”) (such limitations including, but not limited to, limits on the number of user accounts and/or number of Company devices that may be registered by Customer and/or associated with Customer’s account) (collectively, the “Subscription Limitations”). Customer hereby agrees and acknowledges that Customer shall not at any time during Customer’s use of the Application and/or Associated Materials exceed or otherwise violate the Subscription Limitations corresponding to Customer’s account, as may be in effect at that time. Customer is solely and entirely responsible for ensuring that Customer’s use of the Application does not exceed or otherwise violate any Subscription Limitation. If Company has reason to believe that Customer’s use of the Application in any way fails to comply with this Section 4.C., or threatens to do so, Company may suspend or terminate Customer’s use of the Application at Company’s sole discretion.
Subscription Limitations. Notwithstanding the obligation of the Investor set forth in Section 2.1, the maximum number of Common Shares issuable hereunder shall be the lesser of:
(i) the maximum amount that Investor may hold that will not reasonably be expected to result in Investor having to consolidate the Corporation’s financial performance in connection with preparing the Investor’s financial statements under U.S. GAAP, unless the Investor consents otherwise; and
(ii) the number of Common Shares that will, upon completion of the Tranche 2 Investment, result in the Investor holding 30% of the issued and outstanding Common Shares.
Subscription Limitations. SRC Producer shall issue Subscriptions in the PV System only to eligible retail electric service customers of Public Service subject to the requirements of Section 3.2 above. To the extent a Subscription is issued to or held by an SRC Subscriber who is not an eligible retail electric customer of Public Service, such Subscription shall be deemed invalid and eliminated from the SRC Application System. The proportional share of Photovoltaic Energy output and associated RECs attributable to such invalid Subscription shall be treated as unsubscribed for purposes of the SRC Allocation and applicable pricing. If the SRC Subscriber to which such SRC Allocation is attributable no longer holds a valid Subscription in the PV System, Public Service reserves the right to suspend the application of SRC Credits for purposes of this Agreement, either in whole or in part, until the situation is remedied by the SRC Producer. If the SRC Subscriber to which such SRC Allocation is attributable no longer meets the qualification of an Eligible Low-Income CSG Subscriber or an Eligible Low-Income CSG Subscriber as defined under 4 CCR 723-3-3877(f)-(g) in the PV System, Public Service reserves the right to suspend the application of SRC Credits, or to apply SRC Credits to SRC Subscribers but to charge SRC Producer for the amount of such SRC Credits in accordance with Section 2.7, for purposes of this Agreement, either in whole or in part, until the situation is remedied by the SRC Producer. Furthermore, until the remedy has occurred the SRC Producer will be paid at the Unsubscribed Bundled Rate or Unsubscribed Unbundled Rate, as applicable and as further described in Section 2.7 of this Agreement for any Photovoltaic Energy that is attributable to the applicable SRC Allocation.
Subscription Limitations. Notwithstanding the obligation of the Investor set forth in Section 2.1, the maximum number of Purchased Shares subscribed for hereunder and previously acquired pursuant to the Master Purchase Agreement and the Warrant Certificate shall be subject to the following limitations:
