Wind Data. The wind speeds and other relevant wind characteristics provided by Seller or any of its Affiliates to Purchaser at or with respect to the Ashtabula III Project were collected at the locations and during the times set forth in Schedule 3.17. Such wind data was measured, recorded and determined in accordance with the usual practices of Seller and its Affiliates. The information set forth on Schedule 3.17 is a true and complete list of the wind data collected by Seller with respect to the Ashtabula III Project. Seller has not omitted or failed to provide to Purchaser any wind data measured and recorded at the Ashtabula III Project on or before the dates specified on Schedule 3.17 by or on behalf of Seller or any of its Affiliates or, to the extent the same are in Seller’s or its Affiliates possession or under Seller’s or its Affiliates’ control, prepared by or on behalf of any other Person. Seller makes no representation with respect to Seller’s or Purchaser’s use of such wind data or any assumptions, analysis or interpretations thereof prepared by Seller or its Affiliates, and furnished to Purchaser. Purchaser acknowledges that it has relied, or will rely, exclusively on its own employees and agents for analysis of such wind data and hereby expressly waives any and all claims (other than any claim arising from or relating to this Section 3.17) that Purchaser may have against Seller or its Affiliates in the respect of such wind data and any assumptions, analysis or interpretations thereof prepared by Seller of its Affiliates and furnished to Purchaser.
Wind Data. Copies of all available wind data related to the Site, as identified in Schedule 1.1.1 attached hereto (the "Wind Data"). Notwithstanding the foregoing, (i) Seller and its Affiliates (as that term is defined in Section 7.1.22) shall be allowed to retain nonexclusive rights in, and to use the Wind Data; (ii) promptly upon signing of this Agreement, subject to the provisions of Section 7.1.21 Seller shall provide Buyer with a copy of the Wind Data through May 31,2009; and, (iii) pursuant to the terms of Section 4.5, Seller shall provide Wind Data to Buyer on a quarterly basis, and as reasonably requested by Buyer.
Wind Data. Schedule 4.14 sets forth a list of all books and records containing Wind Data, and Sellers have delivered to Buyer true, correct and complete copies of all such books and records, including records documenting the installation of the temporary meteorological towers. The Wind Data were collected at the locations and during the times set forth in such documents. To Sellers’ Knowledge, the Wind Data is true, accurate and correct in all material respects. No Seller has omitted or failed to provide to Buyer any Wind Data measured and recorded at the Site on or before the dates specified on Schedule 4.14 by or on behalf of such Seller or any of its Affiliates, to the extent that the same are in such Seller’s or its Affiliates’, representatives or agents’ possession or under such Seller’s or its Affiliates’, representatives or agents’ control prepared by or on behalf of any other Person.
Wind Data. From and after the date hereof, the Seller shall use commercially reasonable efforts to give certain Representatives of the Buyer electronic access to the APT Projects’ readily available SCADA data.
Wind Data. Copies of all available wind data related to the Site, as identified in Schedule 1.1.1 attached hereto (the "Wind Data"). Notwithstanding the foregoing, Seller shall be allowed to retain nonexclusive rights in, and to use and convey the Wind Data.
Wind Data. Seller delivered to Buyer true, correct and complete copies of all Wind Data and any other information listed on Schedule 6.17. The Wind Data contained in the documents set forth on Schedule 6.17 were collected at the locations and during the times set forth in such documents.
Wind Data. Schedule 6.13 of this Agreement is a true and complete list of the Wind Data. Seller will have delivered to Purchaser correct and complete copies of Wind Data listed on Schedule 6.13 in the format identified on said Schedule 6.13 at least twenty (20) Business Days prior to Closing and at Closing. With respect to each item of Wind Data identified on Schedule 6.13 of this Agreement:
6.13.1.1 Seller possesses all right, title, and interest in and to the item, free and clear of any lien, security interest, encumbrance, claim, license, or other restriction;
6.13.1.2 Seller has not assigned, transferred, conveyed, mortgaged, deeded in trust, or encumbered any interest in such item;
6.13.1.3 there are no disputes, oral agreements, or forbearance programs in effect as to such item;
6.13.1.4 the item is not subject to any outstanding injunction, judgment, order, decree, ruling, or charge;
6.13.1.5 no action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand is pending or, to Seller’s Knowledge, is threatened which challenges the legality, validity, enforceability, use, or ownership of the item; and
6.13.1.6 Seller has not agreed to indemnify any Person for or against any interference, infringement, misappropriation, or other conflict with respect to the item.
Wind Data. Any and all wind resources data collected by or on behalf of Lessee after the Effective Date is the sole property of Lessee; provided, however, that within forty-five (45) days of the expiration of the Lease Term or the earlier termination of this Lease, Lessee shall provide Owner with copies of such wind resource data collected from equipment located on the Premises, with no warranties except as to its trueness, correctness and completeness to Lessee’s best knowledge. Any revenue generated or received from Xxxxxx’s sale of only such wind data (not including the transfer of the wind data as part of the sale of all or substantially all of the assets or ownership interests of Lessee) shall be shared 50/50 with Owner.
Wind Data. Section 19.16 of the Disclosure Schedules lists, with respect to the Project or in any way related to the wind resource at the Project Real Property, (i) all raw wind data that has been compiled or prepared by, for, or on behalf of Seller, ProjectCo, or any of their Affiliates, and (ii) all wind studies and assessments that have been compiled or prepared for, or on behalf of Seller, ProjectCo, or any of their Affiliates (the “Wind Data”). With respect to each item of Wind Data identified on Section 19.16 of the Disclosure Schedules, as of the Closing Date: 60
