Examples of EMS Agreement in a sentence
In the event that Seller exercises its right to purchase the PV System from Contractor under the EMS Agreement this Agreement shall continue in full force and effect.
If a conflict arises between the Seller’s performance of its obligations under the EMS Agreement and the terms of this Agreement, the Parties will use their best efforts to reach a Commercially Reasonable resolution of the conflict.
Pursuant to Section 8.10 of the Inter-Governmental PDA, Buyer may exercise a right to purchase the PV System if Seller does not exercise Seller’s Purchase Option upon the seventh (7th), tenth (10th), twelfth (12th), or fifteenth (15th) anniversary of the Effective Date of the EMS Agreement.
During such time as Contractor is owner and operator of the PV System, Buyer shall reimburse Seller for any Governmental Charges paid by Seller to Contractor pursuant to the EMS Agreement.
Buyer and Seller hereby acknowledge and agree that during the Term of the EMS Agreement (as defined therein), Seller will rely on the information in the invoices provided to Seller by Contractor pursuant to Section 7.4 (Billing) of the EMS Agreement in the preparation of its invoices sent to Buyer under this Article V, and that the dispute provision in Section 7.6 of the EMS Agreement will govern the dispute of invoices under this Article V.
Xxxxx agrees and understands that Seller shall have the right to purchase the PV System from Contractor pursuant to Article 13 of the EMS Agreement, and that pursuant to Section 8.11 of the Inter-Governmental PDA, Buyer may obligate Seller to exercise its right to purchase the PV System from the Contractor upon expiration of the term of the EMS Agreement.
The Parties acknowledge that inconsistencies may exist between this Agreement and the EMS Agreement and that the Parties will use their best efforts to construe the two agreements harmoniously.
The Parties acknowledge and agree that the EMS Agreement is substantially similar in form and substance to the model energy management services agreement recommended for use by the DOER in accordance with M.G.L. c.
Xxxxxx and Xxxxx acknowledge and agree that for purposes of complying with the regulations at 220 C.M.R. § 18.07(2), Buyer shall, if requested by Seller: (i) sign the Interconnection Agreement as Host Customer (as such term is defined in 220 C.M.R. § 18.02); and (ii) designate Seller as its agent for purposes of communications and interactions with the Distribution Company as necessary to carry out the terms of this Agreement, the Inter-Governmental PDA and the EMS Agreement.