PERMANENT INSTALLATION. CUSTOMER shall ensure Each Project, the Installations, and every Measure in each Project, remain installed or otherwise effectuated at the Sites until the later of one (i) (1) year from the date SCE receives the Ex Post Review for such Measure; (ii) expiration of the Term of this agreement; and (iii) as required by Applicable Law.
PERMANENT INSTALLATION. CUSTOMER shall ensure Each Project, the Installations, and every Measure in each Project, remain installed or otherwise effectuated at the Sites until the later of one (i) (1) year from the date SCE receives the Ex Post Review for such Measure; (ii) expiration of the Term of this agreement; and (iii) as required by Applicable Law. Applicable Law means CPUC EE Decisions, tariff, business practice manuals, and operating procedures, and all constitutions, treaties, laws, ordinances, rules, regulations, interpretations, directives, guidelines, policies, permits, judgments decrees, injunctions, writs and orders of any Governmental Authority that apply to either or both of the Parties, each Project, the Savings, any Measure, or other terms that may be amended or modified from time to time.
PERMANENT INSTALLATION. CONTRACT Equipment installed under this program is intended to be in place for the duration of its useful life. Only permanently installed systems are eligible for incentives. This means that the Applicant or Host Customer must demonstrate to the satisfaction of the Program Administrator that the generating system has both physical and contractual permanence prior to Program Administrator paying any incentive. Physical permanence is to be demonstrated by the generating system’s electrical, thermal and fuel connections in accordance with industry practice for permanently installed equipment and its secure physical attachment to a permanent surface (e.g. foundation). Any indication of portability, including but not limited to: temporary structures, quick disconnects, unsecured equipment, wheels, carrying handles, dolly, trailer or platform will render the system ineligible for incentives. Contractual permanence, corresponding to a minimum of twice the applicable warranty period, is to be demonstrated as follows: • System Owner (either the Host Customer or Applicant) agrees to notify the Program Administrator in writing a minimum of sixty (60) days prior to any change in either the Site location of the generation system, or change in ownership of the generation system. • All agreements involving the Project which is the subject of an incentive which may be paid under this Contract by Program Administrator are to be provided to the Program Administrator as soon as they are available (e.g., at the Proof of Project Advancement stage, or the Incentive Claim stage at the latest), including but not limited to: sales agreements, warranties, leases, energy service agreements, and/or energy savings guarantees. SAMPLE • An additional agreement between the System Owner and the Program Administrator may be required at the Program Administrator’s sole discretion in order to safeguard against the possibility of early removal and relocation of the generation system. This additional agreement, if required, must be negotiated to the satisfaction of the Program Administrator.
PERMANENT INSTALLATION. Equipment installed under this Program is intended to be in place for the duration of its useful life. Only permanently installed systems are eligible for incentives. This means that the Non-PA Parties must demonstrate to the satisfaction of the PA that the SG Unit(s) has both physical and contractual permanence prior to PA’s payment of any incentive. Physical permanence is to be demonstrated by the SG Unit(s)’ electrical, thermal and fuel connections in accordance with industry practice for permanently installed equipment and its secure physical attachment to a permanent surface (e.g., foundation). Any indication of portability, including, but not limited to, temporary structures, quick disconnects, unsecured equipment, wheels, carrying handles, dolly, trailer and/or platform will render the SG Unit(s) ineligible for incentives. Contractual permanence, corresponding to a minimum of the applicable warranty period, is to be demonstrated as follows: ❖ The Non-PA Parties agree to notify the PA in writing a minimum of sixty (60) days prior to any change in either the Site location of the SG Unit(s), or change in ownership of the SG Unit(s). ❖ An additional agreement between the Non-PA Parties and the PA may be required at the PA’s sole discretion in order to safeguard against the possibility of early removal and relocation of the generation system. This additional agreement, if required, must be negotiated to the satisfaction of the PA. ❖ For the required warranty period of the system, it is the Non-PA Parties obligation to report any safety-related issues with the equipment to the PA within 30 days of the issue’s emergence.
PERMANENT INSTALLATION. Notwithstanding any other provision in this Agreement, Seller shall ensure that the Project, and every Measure in the Project, remains installed at the Site for its useful life. CPUC APPROVAL Unless otherwise specified herein, notwithstanding SDG&E’s execution and delivery of this Agreement, SDG&E’s obligations under this Agreement shall only become effective upon CPUC Approval. SDG&E shall file with the Commission the appropriate request for CPUC Approval. SDG&E shall seek CPUC Approval, including promptly responding to any requests for information related to the request for CPUC Approval. Seller shall use commercially reasonable efforts to support SDG&E in obtaining CPUC Approval. SDG&E has no obligation to seek rehearing or to appeal a Commission decision which fails to approve this Agreement or which contains findings required for CPUC Approval with conditions or modifications unacceptable to either Party. Either Party has the right to terminate this Agreement on Notice, which will be effective [insert number] Business Days after such Notice is given, if CPUC Approval has not been obtained or waived by SDG&E in its sole discretion within [insert number] days after SDG&E files its request for CPUC Approval and a Notice of termination is given on or before the [insert number] day after SDG&E files the request for CPUC Approval. Failure to obtain CPUC Approval in accordance with this Article 2 will not be deemed to be a failure of Seller to install the Project or a failure of SDG&E to make payment for such installation, and will not be or cause an Event of Default by either Party. No Settlement Amount with respect to this Agreement will be due or owing by either Party upon termination of this Agreement due solely to failure to obtain CPUC Approval. PAYMENT AND BILLING
PERMANENT INSTALLATION. Notwithstanding any other provision in this Agreement, Seller shall ensure that the Project, and every Measure in the Project, remains installed at the Site for its useful life.
PERMANENT INSTALLATION. Any installation that is:
PERMANENT INSTALLATION. The intent of the SGIP is to provide incentives for equipment installed and functioning for the duration of its useful life. Only permanently installed systems are eligible for incentives. This means that the system must 22 For example, TES does not discharge electricity and therefore does not require an interconnection agreement. demonstrate to the satisfaction of the Program Administrator adequate assurances of both physical and contractual permanence prior to receiving an incentive. Physical permanence is to be demonstrated by electrical, thermal and/or fuel connections in accordance with industry practice for permanently installed equipment and be secured to a permanent surface (e.g. foundation). Any indication of portability, including but not limited to temporary structures, quick disconnects, unsecured equipment, wheels, carrying handles, dolly, trailer or platform, will deem the system ineligible. Contractual permanence, corresponding to a minimum of the length of the applicable warranty period (10 years), is to be demonstrated as follows: • System Owner agrees to notify the Program Administrator in writing a minimum of 60 days prior to any change in either the site location or change in ownership of the system if the change(s) takes place within the applicable warranty period. • All agreements involving the system receiving an incentive are to be provided to the Program Administrator for review as soon as they become available. These agreements include, but are not limited to, system purchase and installation agreements, warranties, leases, energy or services agreements, energy savings guarantees and system performance guarantees.
