Examples of Affiliate of Seller in a sentence
The Pricing Agent may not rely upon quotes from Seller or any Affiliate of Seller.
For purposes of this Attachment J (Company Payments for Energy, Dispatchability and Availability of XXXX), an Affiliate of Seller is a company that directly or indirectly controls, is controlled by, or is under common control with Seller, and Seller may perform its obligations under this Attachment J (Company Payments for Energy, Dispatchability and Availability of XXXX) directly or through one or more Affiliates.
At Buyer’s request, Seller will provide the Buyer with past, present and pro forma financial reports including, but not limited to, income statements, balance sheets, cash flow statements and supporting data for the Seller and any Affiliate of Seller involved in producing, supplying, or financing the Products, Services, or any component part of the Products or Services.
No litigation, arbitration, investigation or other proceeding is pending or, to the best of Seller’s knowledge, threatened against Seller or any Affiliate of Seller, with respect to this Agreement, the Facility, or the transactions contemplated in this Agreement.
Seller will acquire Buyer Property on behalf of Buyer and Buyer will pay to or reimburse Seller the lower of: (a) the amount specified in a purchase order issued by Buyer for such Buyer Property, or (b) Seller's actual out-of-pocket cost to acquire the Buyer Property from an unrelated third party or, if the Buyer Property is constructed or fabricated by Seller or any Affiliate of Seller, the actual direct costs for materials, labor and overhead associated with such construction and fabrication.
Seller shall prepare such forecasts and updates by utilizing a solar exposure model or service that is (a) commercially available or proprietary to Seller or an Affiliate of Seller, and (b) comparable in accuracy to models or services commonly used in the solar energy industry, so long as such model or service is available at a commercially reasonable cost and is satisfactory to PacifiCorp in the exercise of its reasonable discretion.
No other litigation, arbitration, investigation or proceeding is pending or, to the best of Seller’s knowledge, threatened against Seller or any Affiliate of Seller, the effect of which would materially and adversely affect Seller’s performance of its obligations in this Agreement.
As of the Effective Date, Seller or an Affiliate of Seller has all real property rights to operate the Hydro-Québec Power Resources, to interconnect the Hydro-Québec Power Resources to the Interconnecting Utility and to perform Seller’s obligations under this Agreement.
Seller or an Affiliate of Seller shall operate and maintain the Facility or cause the Facility to be operated and maintained by an entity that has at least two (2) years of experience in the operation and maintenance of similar facilities of comparable size and characteristics to the Facility.
In the event Seller makes a direct assignment of Product Order(s) under this Agreement or an assignment of the Agreement in its entirety, a fee of one thousand five hundred dollars ($1,500) will apply payable to Buyer at the time of such assignment; provided that, if such first direct assignment is to an Affiliate of Seller, no such fee shall apply.