Common use of Absolute and Unconditional Obligation Clause in Contracts

Absolute and Unconditional Obligation. The related Customer Agreement is by its terms an absolute and unconditional obligation of the Host Customer to pay for electricity generated and delivered or will be generated and delivered by the related PV System to such Host Customer after the related PV System has received permission to operate from the local utility in writing or in such other form as is customarily given by such local utility (“PTO”), and such payment obligations under the related Customer Agreement do not provide for offset for any reason including non-payment or non-performance under any customer warranty agreement or performance guaranty provided to the applicable Host Customer; provided, however, that [***].

Appears in 2 contracts

Samples: Accession Agreement (Solarcity Corp), Accession Agreement (Solarcity Corp)

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Absolute and Unconditional Obligation. The related Customer Agreement is by its terms an absolute and unconditional obligation of the Host Customer to pay for electricity generated and delivered or that will be generated and delivered by the related PV System to such Host Customer Customer, or to lease the related PV System after the related PV System has received permission to operate from the local utility is placed in writing or in such other form as is customarily given by such local utility (“PTO”)service, and such the payment obligations under the related Customer Agreement by its terms do not provide for offset for any reason reason, including non-payment nonpayment or non-performance under any customer warranty agreement by the Lessor, a HPS Party, the Provider or performance guaranty provided to the applicable Host Customerowner of the PV System; provided, however, that [***]Customer Agreements may permit the Host Customer to exercise a Customer Trigger Right.

Appears in 1 contract

Samples: Membership Interest Purchase and Sale Agreement (Spruce Power Holding Corp)

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Absolute and Unconditional Obligation. The related Customer Agreement is by its terms an absolute and unconditional obligation of the Host Customer to pay for electricity generated and delivered or that will be generated and delivered by the related PV System to such Host Customer Customer, or to lease the related PV System after the related PV System has received permission to operate from the local utility is placed in writing or in such other form as is customarily given by such local utility (“PTO”)service, and such the payment obligations under the related Customer Agreement by its terms do not provide for offset for any reason reason, including non-payment without limitation nonpayment or non-performance under any customer warranty agreement by the Lessor, a HPS Party, the Provider or performance guaranty provided to the applicable Host Customerowner of the PV System; provided, however, that [***]Customer Agreements may permit the Host Customer to exercise a Customer Trigger Right.

Appears in 1 contract

Samples: Credit Agreement (Spruce Power Holding Corp)

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