IRANIAN ENERGY SECTOR DIVESTMENT. In accordance with Section 2879-c of the Public Authorities Law, by signing this contract, each person and each person signing on behalf of any other party certifies, and in the case of a joint bid or partnership each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each person is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the State Finance Law (See xxxxx://xxx.xx.xxx/iran-divestment-act-2012).
IRANIAN ENERGY SECTOR DIVESTMENT. In accordance with Section 2879-c of the Public Authorities Law, by signing this Agreement, each person and each person signing on behalf of any other party certifies, and in the case of a joint bid or partnership each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each person is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance Law (See xxx.xxx.xx.xxx/xxxxx/xxxx/xxx.asp). EXHIBIT B LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. DATE: , 20 BENEFICIARY: THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY 00 XXXXXXXX XXXXXX, XXXXXX, XXX XXXX 00000-0000 LADIES AND GENTLEMEN: BY THE ORDER OF: [SELLER] [SELLER’S ADDRESS] WE HEREBY ISSUE OUR IRREVOCABLE CREDIT NO: IN YOUR FAVOR FOR THE ACCOUNT OF
1. YOUR SIGHT DRAFT DRAWN ON US IN THE FORM OF ANNEX A HERETO (THE "SIGHT DRAFT"); AND
2. A DATED PAYMENT CERTIFICATE PURPORTEDLY SIGNED BY A DULY AUTHORIZED OFFICER OF NYSERDA IN THE FORM OF ANNEX B HERETO (THE "PAYMENT CERTIFICATE"). MULTIPLE DRAWINGS ARE PERMITTED IN AMOUNTS NOT TO EXCEED, IN COMBINATION, THE AGGREGATE AMOUNT. DRAWINGS PRESENTED BY FACSIMILE TO FACSIMILE NUMBER ARE ACCEPTABLE; PROVIDED THAT SUCH FAX PRESENTATION IS RECEIVED ON OR BEFORE THE EXPIRY DATE ON THIS INSTRUMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT, IT BEING UNDERSTOOD THAT ANY SUCH FAX PRESENTATION SHALL BE CONSIDERED THE SOLE OPERATIVE INSTRUMENT OF DRAWING. IN THE EVENT OF PRESENTATION BY FAX, THE ORIGINAL DOCUMENTS SHOULD NOT BE PRESENTED. FUNDS UNDER THIS LETTER OF CREDIT ARE AVAILABLE TO YOU AGAINST YOUR PAYMENT CERTIFICATE AND SIGHT DRAFT PRESENTED IN FULL COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT ON OR BEFORE 5:00 P.M., NEW YORK TIME, ON THE EXPIRATION DATE HEREOF. THIS LETTER OF CREDIT WILL EXPIRE ON [INSERT DATE]. PAYMENT AGAINST CONFORMING DOCUMENTS PRESENTED UNDER THIS LETTER OF CREDIT SHALL BE MADE BY US AT OR BEFORE 2:00 P.M., NEW YORK TIME, ON THE NEXT (OR, IN THE CASE OF A PRESENTATION AFTER 10:30 A.M., NEW YORK TIME, THE SECOND NEXT) BANKING DAY AFTER PRESENTATION. ALL PAYMENTS MADE BY US UNDER THIS LETTER OF CREDIT WILL BE MADE IN IMMEDIATELY AVAILABLE FUNDS AND WILL BE DISBURSED FROM OUR OWN FUNDS. IF REQUESTED BY YOU, PAYMENT UNDER THIS LETTER OF CREDIT MAY BE MADE BY WIRE TRANSFER OF FEDERAL RESERVE BANK OF NEW YORK FUNDS TO YOUR ACCOUNT IN A BANK ON THE FEDERAL ...
IRANIAN ENERGY SECTOR DIVESTMENT.
1. In accordance with Public Authorities Law § 2879-c (the “Iran Divestment Act”), by signing this Contract, the Firm certifies, under penalty of perjury, that to the best of its knowledge and belief that it is not on the list created pursuant to State Finance Law § 165-a(3)(b). Such list, known as the “Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012” (“Prohibited Entities List”), is posted at: xxxx://xxx.xxx.xx.xxx/about/regs/docs/ListofEntities.pdf.
2. The Firm further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. The Firm agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. The Firm also agrees that any proposed assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by EFC.
3. During the term of the Contract, should EFC receive information that a person (as defined in Public Authorities Law § 2879-c) is in violation of the above-referenced certifications, EFC will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Iran Divestment Act within 90 days after the determination of such violation, then EFC shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Firm in default.
4. EFC reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.
IRANIAN ENERGY SECTOR DIVESTMENT. In accordance with Section 2879-c of the Public Authorities Law, by signing this Agreement, each person and each person signing on behalf of any other party certifies, and in the case of a joint bid or partnership each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each person is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance Law (See xxx.xxx.xx.xxx/xxxxx/xxxx/xxx.asp). NYSERDA PROMPT PAYMENT POLICY STATEMENT
IRANIAN ENERGY SECTOR DIVESTMENT. IRANIAN ENERGY SECTOR DIVESTMENT. By entering into this Contract, Contractor certifies that it is not on the “Entities Determined To Be Non-Responsive Bidders/Offerers Pursuant to the New York State Iran Divestment Act of 2012: list (“Prohibited Entities List”) posted on the OGS website at: xxxx://xxx.xxx.xx.xxx/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on such Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of the contract will be required to certify that it is not on the Prohibited Entities List before NYSDOT may approve a request for Assignment of Contract.
IRANIAN ENERGY SECTOR DIVESTMENT. In acco dance with Section 2879-c of the Public Authorities Law, by signing this contract, each per on and each person signing on behalf of any other party certifies, and in the case of a joint bid or partnership each party thereto certifies as to its organization, under penalty of perjury, that to the best of its knowledge and belief that each erson is not on the list created pursuant to paragraph (b) of subdivision 3 of ection 165-a of the State Finance Law (See xxxx://xxx.xxx.xx.xxx/about/regs/xxx.asp
IRANIAN ENERGY SECTOR DIVESTMENT. In accordance with Section 2879 -c of the Public Authorities Law, by signing this contract, each person and each person signing on behalf of any o ther party certifies, and in the case of a joint bid or partnership each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that eac h person is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance Law (See xxx.xxx.xx.xxx/xxxxx/xxxx/xxx.asp).
IRANIAN ENERGY SECTOR DIVESTMENT. In accordance with Section 2879-c of the Public Authorities Law, by signing this contract, each person and each person signing on behalf of any other party certifies, and in the case of a joint bid or partnership each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each person is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the State Finance Law (See xxxx://xxx.xxx.xx.xxx/about/regs/xxx.asp). By signing this Agreement, (Company) agrees to work with the New York State Energy Research and Development Authority (NYSERDA) towards achieving a (carbon savings goal) mtCO2e emissions reduction target, in accordance with RFP 3757 and the criteria listed below. In return, NYSERDA will provide funding not to exceed $ (Maximum Award). With the support of NYSERDA and the Technical Specialist, the Participant agrees to the conditions outlined below.
1. The Participant will communicate their results and successes with in the C&I Carbon Challenge Program to NYSERDA. This includes providing information to develop a case study; and providing quarterly updates on progress toward goals and metrics, changes in implementation plans, the Project Register and Action Plan with realized energy savings to NYSERDA for review and approval. The Participant acknowledges that failure to adhere to the provisions outlined above may result in termination of this participation agreement. Prior to termination, a 30-day notice will be sent to the Executive Sponsor to address delinquencies and actions required to prevent termination.
IRANIAN ENERGY SECTOR DIVESTMENT. In accordance with Section 2879-c of the Public Authorities Law, by signing this contract, each person and each person signing on behalf of any other party certifies, and in the case of a joint bid or partnership each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each person is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the State Finance Law (See xxxxx://xxx.xx.xxx/iran-divestment-act- 2012xxxx://xxx.xxx.xx.xxx/about/regs/xxx.asp).
