Common use of Environmental Attributes and Environmental Incentives Clause in Contracts

Environmental Attributes and Environmental Incentives. Unless otherwise specified on Exhibit 1, Seller is the owner of all Environmental Attributes and Environmental Incentives and is entitled to the benefit of all Tax Credits, and Purchaser’s purchase of electricity under this Agreement does not include Environmental Attributes, Environmental Incentives or the right to Tax Credits or any other attributes of ownership and operation of the System, all of which shall be retained by Seller. Purchaser shall cooperate with Seller in obtaining, securing and transferring all Environmental Attributes and Environmental Incentives and the benefit of all Tax Credits, including by using the electric energy generated by the System in a manner necessary to qualify for such available Environmental Attributes, Environmental Incentives and Tax Credits. Purchaser shall not be obligated to incur any out–of–pocket costs or expenses in connection with such actions unless reimbursed by Seller. If any Environmental Incentives are paid directly to Purchaser, Purchaser shall immediately pay such amounts over to Seller. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use, Purchaser, if engaged in commerce and/or trade, shall submit to Seller for approval any press releases regarding Purchaser’s use of solar or renewable energy and shall not submit for publication any such releases without the written approval of Seller. Approval shall not be unreasonably withheld, and Seller’s review and approval shall be made in a timely manner to permit Purchaser’s timely publication.

Environmental Attributes and Environmental Incentives. Unless otherwise specified on Exhibit 1, Seller Lessor is the owner of all Environmental Attributes and Environmental Incentives and is entitled to the benefit of all Tax Credits, and PurchaserLessee’s purchase lease of electricity the System under this Agreement does not include Environmental Attributes, Environmental Incentives or the right to Tax Credits or any other attributes of ownership and operation of the System, all of which shall be retained by SellerLessor. Purchaser Lessee shall cooperate with Seller Lessor in obtaining, securing and transferring all Environmental Attributes and Environmental Incentives and the benefit of all Tax Credits, including by using the electric energy generated by the System in a manner necessary to qualify for such available Environmental Attributes, Environmental Incentives and Tax Credits. Purchaser Lessee shall not be obligated to incur any out–of–pocket costs or expenses in connection with such actions unless reimbursed by SellerLessor. If any Environmental Incentives are paid directly to PurchaserLessee, Purchaser Lessee shall immediately pay such amounts over to SellerLessor. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use, PurchaserLessee, if engaged in commerce and/or trade, shall submit to Seller Lessor for approval any press releases regarding PurchaserLessee’s use of solar or renewable energy and shall not submit for publication any such releases without the written approval of SellerLessor. Approval shall not be unreasonably withheld, and SellerLessor’s review and approval shall be made in a timely manner to permit PurchaserLessee’s timely publication.

Environmental Attributes and Environmental Incentives. Unless otherwise specified on Exhibit 1, Seller Lessor is the owner of all Environmental Attributes and Environmental Incentives and is entitled to the benefit of all Tax Credits, and PurchaserXxxxxx’s purchase lease of electricity the System under this Agreement does not include Environmental Attributes, Environmental Incentives or the right to Tax Credits or any other attributes of ownership and operation of the System, all of which shall be retained by SellerLessor. Purchaser Lessee shall cooperate with Seller Lessor in obtaining, securing and transferring all Environmental Attributes and Environmental Incentives and the benefit of all Tax Credits, including by using the electric energy generated by the System in a manner necessary to qualify for such available Environmental Attributes, Environmental Incentives and Tax Credits. Purchaser Lessee shall not be obligated to incur any out–of–pocket costs or expenses in connection with such actions unless reimbursed by SellerXxxxxx. If any Environmental Incentives are paid directly to PurchaserLessee, Purchaser Lessee shall immediately pay such amounts over to SellerLessor. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use, PurchaserLessee, if engaged in commerce and/or trade, shall submit to Seller Lessor for approval any press releases regarding PurchaserXxxxxx’s use of solar or renewable energy and shall not submit for publication any such releases without the written approval of SellerLessor. Approval shall not be unreasonably withheld, and SellerXxxxxx’s review and approval shall be made in a timely manner to permit PurchaserXxxxxx’s timely publication.

Environmental Attributes and Environmental Incentives. Unless otherwise specified on in Exhibit 1, Seller is the owner of all Environmental Attributes and Environmental Incentives and is entitled to the benefit of all Tax Credits, and Purchaser’s purchase of electricity under this Agreement does not include Environmental Attributes, Environmental Incentives or the right to Tax Credits or any other attributes of ownership and operation of the System, all of which shall be retained by Seller. Purchaser shall cooperate with Seller in obtaining, securing and transferring all Environmental Attributes and Environmental Incentives and the benefit of all Tax Credits, including by using the electric energy generated by the System in a manner necessary to qualify for such available Environmental Attributes, Environmental Incentives and Tax Credits. Purchaser shall not be obligated to incur any out–of–pocket costs or expenses in connection with such actions unless reimbursed by Seller. If any Environmental Incentives are paid directly to Purchaser, Purchaser shall immediately pay such amounts over to Seller. Press Releases and RECs. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use, Purchaser, if engaged in commerce and/or trade, Purchaser shall submit to Seller for approval any press releases regarding Purchaser’s use of solar or renewable energy and shall not submit for publication any such releases without the written approval of Seller. Approval shall not be unreasonably withheld, and Seller’s review and approval shall be made in a timely manner to permit Purchaser’s timely publication. Except for Contract Years in which Purchaser purchases RECs, Purchaser hereby acknowledges and consents to Seller’s exclusive right to (i) make any claim that electric energy provided to Purchaser was generated by the Project, (ii) all claims that Seller is responsible for the reductions in emissions of pollution and greenhouse gases resulting from the generation of such electric energy and (iii) all rights, title to and ownership of any and all RECs, credits, certificates, registrations, etc., evidencing or representing any of the foregoing attributes and to take any action necessary for Seller to claim, register, sell or otherwise dispose of such interests.

Environmental Attributes and Environmental Incentives. Unless otherwise specified on Exhibit 1, Seller is the owner of all Environmental Attributes and Environmental Incentives and is entitled to the benefit of all Tax Credits, and Purchaser’s purchase of electricity under this Agreement does not include Environmental Attributes, Environmental Incentives or the right to Tax Credits or any other attributes of ownership and operation of the System, all of which shall be retained by Seller. Purchaser shall cooperate with Seller in obtaining, securing and transferring all Environmental Attributes and Environmental Incentives and the benefit of all Tax Credits, including by using the electric energy generated by the System in a manner necessary to qualify for such available Environmental Attributes, Environmental Incentives and Tax Credits. Purchaser shall not be obligated to incur any out–of–pocket costs or expenses in connection with such actions unless reimbursed by Seller. If any Environmental Incentives are paid directly to Purchaser, Purchaser shall immediately pay such amounts over to Seller. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use, Purchaser, if engaged in commerce and/or trade, shall submit to Seller for approval any press releases regarding Purchaser’s use of solar or renewable energy and shall not submit for publication any such releases without the written approval of Seller. Approval shall not be unreasonably withheld, and SellerXxxxxx’s review and approval shall be made in a timely manner to permit Purchaser’s timely publication.

Environmental Attributes and Environmental Incentives. Unless otherwise specified on Exhibit 1, Seller is the owner of all Environmental Attributes and Environmental Incentives and is entitled to the benefit of all Tax Credits, and Purchaser’s purchase of electricity under this Agreement does not include Environmental Attributes, Environmental Incentives or the right to Tax Credits or any other attributes of ownership and operation of the System, all of which shall be retained by Seller. Purchaser shall cooperate with Seller in obtaining, securing and transferring all Environmental Attributes and Environmental Incentives and the benefit of all Tax Credits, including by using the electric energy generated by the System in a manner necessary to qualify for such available Environmental Attributes, Environmental Incentives and Tax Credits. Purchaser shall not be obligated to incur any out–-of–-pocket costs or expenses in connection with such actions unless reimbursed by SellerSeller agrees to reimburse same. If any Environmental Attributes, Environmental Incentives and/or other attributes or incentives of ownership and operation of the System are paid directly to Purchaser, Purchaser shall immediately pay such amounts over to Seller. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use, Purchaser, if engaged in commerce and/or trade, shall submit to Seller for approval any press releases regarding Purchaser’s use of solar or renewable energy and shall not submit for publication any such releases without the written approval of Seller. Approval shall not be unreasonably withheld, and Seller’s review and approval shall be made in a timely manner to permit Purchaser’s timely publicationpublication (provided reasonable advanced request and notice from Purchaser).

Environmental Attributes and Environmental Incentives. Unless otherwise specified on Exhibit 1herein, Seller as between the Provider and Subscriber, but subject to applicable law and regulations, Provider is the owner of all Environmental Attributes and Environmental Incentives and is entitled to the benefit of all Tax Credits, and PurchaserAttributes. Subscriber’s purchase of electricity Bill Credits under this Agreement does not include Environmental Attributes, Environmental Incentives Incentives, or the right to Tax Credits Attributes or any other attributes of ownership and operation of the SystemFacilities, all of which shall be retained by SellerProvider. Purchaser Subscriber shall use commercially reasonable efforts to cooperate with Seller Provider in obtaining, securing and transferring all Environmental Attributes and Environmental Incentives and the benefit of all Tax CreditsAttributes, including by using the electric energy generated by the System Facilities in a manner necessary to qualify for such available Environmental Attributes, Environmental Incentives and Tax Credits. Purchaser shall not be obligated to incur any out–of–pocket costs or expenses in connection with such actions unless reimbursed by SellerAttributes. If any Environmental Incentives are paid directly to PurchaserSubscriber, Purchaser Subscriber shall immediately pay transfer such amounts over to SellerProvider. To avoid any conflicts with fair trade rules regarding claims of fuel cell, solar or renewable clean energy use, PurchaserSubscriber, if engaged in commerce and/or trade, shall submit to Seller Provider for approval any press releases regarding PurchaserSubscriber’s use of solar fuel cell, solar, clean, renewable, or renewable distributed energy and shall not submit for publication any such releases without the written approval of Seller. Approval shall not be unreasonably withheld, and Seller’s review and approval shall be made in a timely manner to permit Purchaser’s timely publicationProvider.

Environmental Attributes and Environmental Incentives. Unless otherwise specified on Exhibit 1, Seller is the owner of all Environmental Attributes and Environmental Incentives of, and is entitled to the benefit of of, all Environmental Attributes, Environmental Incentives, RECs and Tax Credits, and Purchaser’s purchase of electricity under this Agreement does not include any right to any Environmental Attributes, Environmental Incentives Incentives, RECs or the right to Tax Credits or any other attributes of ownership and operation of the System, all of which shall be retained by Seller. Purchaser shall cooperate with Seller in obtaining, securing and transferring to Seller all Environmental Attributes Attributes, Environmental Incentives, RECs and Environmental Incentives and the benefit of all Tax Credits, including by using the electric energy generated by the System in a manner necessary to qualify for such available the same. Purchaser shall not make any filing or statements inconsistent with Seller’s ownership interests in the Environmental Attributes, Environmental Incentives Incentives, RECs and Tax Credits. Purchaser shall not be obligated to incur any out–of–pocket costs or expenses in connection with such actions unless reimbursed by Seller. If any Environmental Incentives Attributes, Environmental Incentives, RECs and Tax Credits are paid directly to Purchaser, Purchaser shall immediately pay such amounts over to Seller. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use, Purchaser, if engaged in commerce and/or trade, shall submit to Seller for approval any press releases regarding Purchaser’s use of solar or renewable energy and shall not submit for publication any such releases without the written approval of Seller. Approval shall not be unreasonably withheld, and Seller’s review and approval shall be made in a timely manner to permit Purchaser’s timely publication.

Environmental Attributes and Environmental Incentives. Unless otherwise specified on in Exhibit 1, Seller is the owner of all Environmental Attributes and Environmental Incentives and is entitled to the benefit of all Tax Credits, and Purchaser’s purchase of electricity under this Agreement does not include Environmental Attributes, Environmental Incentives or the right to Tax Credits or any other attributes of ownership and operation of the System, all of which shall be retained by Seller. Purchaser shall cooperate with Seller in obtaining, securing and transferring all Environmental Attributes and Environmental Incentives and the benefit of all Tax Credits, including by using the electric energy generated by the System in a manner necessary to qualify for such available Environmental Attributes, Environmental Incentives and Tax Credits. Purchaser shall not be obligated to incur any out–of–pocket costs or expenses in connection with such actions unless reimbursed by Seller. If any Environmental Incentives are paid directly to Purchaser, Purchaser shall immediately pay such amounts over to Seller as soon as practicable. Except for Contract Years in which Purchaser purchases RECs, Purchaser hereby acknowledges and consents to Seller. To avoid ’s exclusive right to (i) make any conflicts with fair trade rules regarding claim that electric energy provided to Purchaser was generated by the Project, (ii) all claims that Seller is responsible for the reductions in emissions of solar or renewable energy use, Purchaser, if engaged in commerce and/or trade, shall submit to Seller for approval any press releases regarding Purchaser’s use pollution and greenhouse gases resulting from the generation of solar or renewable such electric energy and shall not submit (iii) all rights, title to and ownership of any and all RECs, credits, certificates, registrations, etc., evidencing or representing any of the foregoing attributes and to take any action necessary for publication any Seller to claim, register, sell or otherwise dispose of such releases without the written approval of Seller. Approval shall not be unreasonably withheld, and Seller’s review and approval shall be made in a timely manner to permit Purchaser’s timely publicationinterests.

Environmental Attributes and Environmental Incentives. Unless otherwise specified on Exhibit 1, Seller is the owner of all Environmental Attributes and Environmental Incentives and is entitled to the benefit of all Tax Credits, and Purchaser’s purchase of electricity under this Agreement does not include Environmental Attributes, Environmental Incentives or the right to Tax Credits or any other attributes of ownership and operation of the System, all of which shall be retained by Seller. Purchaser shall cooperate with Seller in obtaining, securing and transferring all Environmental Attributes and Environmental Incentives and the benefit of all Tax Credits, including by using the electric energy generated by the System in a manner necessary to qualify for such available Environmental Attributes, Environmental Incentives and Tax Credits. Purchaser shall not be obligated to incur any out–-of–-pocket costs or expenses in connection with such actions unless reimbursed by SellerXxxxxx agrees to reimburse same. If any Environmental Attributes, Environmental Incentives and/or other attributes or incentives of ownership and operation of the System are paid directly to Purchaser, Purchaser shall immediately pay such amounts over to Seller. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use, Purchaser, if engaged in commerce and/or trade, shall submit to Seller for approval any press releases regarding Purchaser’s use of solar or renewable energy and shall not submit for publication any such releases without the written approval of Seller. Approval shall not be unreasonably withheld, and Seller’s review and approval shall be made in a timely manner to permit Purchaser’s timely publicationpublication (provided reasonable advanced request and notice from Purchaser).

Environmental Attributes and Environmental Incentives. Unless otherwise specified on Exhibit 1NYSERDA is the owner of all Environmental Attributes, and Seller is the owner of all Environmental Attributes and Environmental Incentives and is entitled to the benefit of all Tax Credits, and Purchaser’s purchase of electricity under this Agreement does not include Environmental Attributes, Environmental Incentives or the right to Tax Credits or any other attributes of ownership and operation of the System, all of which shall be retained by Seller. Purchaser shall cooperate with Seller in obtaining, securing and transferring all Environmental Attributes to NYSERDA, and Environmental Incentives and the benefit of all Tax CreditsCredits to Seller, including by using the electric energy generated by the System in a manner necessary to qualify for such available Environmental Attributes, Environmental Incentives and Tax Credits. Purchaser shall not be obligated to incur any out–of–pocket costs or expenses in connection with such actions unless reimbursed by NYSERDA or Seller, as the case may be. If any Environmental Incentives are paid directly to Purchaser, Purchaser shall immediately pay such amounts over to Seller. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use, Purchaser, if engaged in commerce and/or trade, Purchaser shall submit to Seller for approval any press releases regarding Purchaser’s use of solar or renewable energy and shall not submit for publication any such releases without the written approval of Seller. Approval shall not be unreasonably withheld, and SellerXxxxxx’s review and approval shall be made in a timely manner to permit Purchaser’s timely publication.

Environmental Attributes and Environmental Incentives. Unless otherwise specified on Exhibit 1NYSERDA is the owner of all Environmental Attributes, and Seller is the owner of all Environmental Attributes and Environmental Incentives and is entitled to the benefit of all Tax Credits, and Purchaser’s purchase of electricity under this Agreement does not include Environmental Attributes, Environmental Incentives or the right to Tax Credits or any other attributes of ownership and operation of the System, all of which shall be retained by Seller. Purchaser shall cooperate with Seller in obtaining, securing and transferring all Environmental Attributes to NYSERDA, and Environmental Incentives and the benefit of all Tax CreditsCredits to Seller, including by using the electric energy generated by the System in a manner necessary to qualify for such available Environmental Attributes, Environmental Incentives and Tax Credits. Purchaser shall not be obligated to incur any out–of–pocket costs or expenses in connection with such actions unless reimbursed by NYSERDA or Seller, as the case may be. If any Environmental Incentives are paid directly to Purchaser, Purchaser shall immediately pay such amounts over to Seller. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use, Purchaser, if engaged in commerce and/or trade, Purchaser shall submit to Seller for approval any press releases regarding Purchaser’s use of solar or renewable energy and shall not submit for publication any such releases without the written approval of Seller. Approval shall not be unreasonably withheld, and Seller’s review and approval shall be made in a timely manner to permit Purchaser’s timely publication.

Environmental Attributes and Environmental Incentives. Unless otherwise specified on Exhibit 1, Seller is the owner of all Environmental Attributes and Environmental Incentives and is entitled to the benefit of all Tax Credits, and Purchaser’s purchase of electricity benefits under this Agreement does do not include the right to the Environmental Attributes, Environmental Incentives or the right to Tax Credits or any other attributes of ownership and operation of the System, all of which shall be retained by Seller. Purchaser shall cooperate with Seller in obtaining, securing and transferring all Environmental Attributes and Environmental Incentives and the benefit of all Tax Credits, including by using the electric energy generated by the System in a manner necessary to qualify for such available Environmental Attributes, Environmental Incentives and Tax Credits. Purchaser shall not be obligated to incur any out–of–pocket costs or expenses in connection with such actions unless reimbursed by Seller. If any Environmental Incentives are paid directly to Purchaser, Purchaser shall immediately pay such amounts over to Seller. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use, Purchaser, if engaged in commerce and/or trade, shall submit to Seller for approval any press releases regarding Purchaser’s use of solar or renewable energy and shall not submit for publication any such releases without the written approval of Seller. Approval shall not be unreasonably withheld, and Seller’s review and approval shall be made in a timely manner to permit Purchaser’s timely publication.

Environmental Attributes and Environmental Incentives. Unless otherwise specified on Exhibit 1Section 3, Seller is the owner of all Environmental Attributes and Environmental Incentives and is entitled to the benefit of all Tax Credits, and Purchaser’s purchase of electricity under this Agreement does not include Environmental Attributes, Environmental Incentives or the right to Tax Credits or any other attributes of ownership and operation of the System, all of which shall be retained by Seller. Purchaser shall cooperate with Seller in obtaining, securing and transferring all Environmental Attributes and Environmental Incentives and the benefit of all Tax Credits, including by using the electric energy generated by the System in a manner necessary to qualify for such available Environmental Attributes, Environmental Incentives and Tax Credits. Purchaser shall not be obligated to incur any out–of–pocket costs or expenses in connection with such actions unless reimbursed by Seller. If any Environmental Incentives are paid directly to Purchaser, Purchaser shall immediately pay such amounts over to Seller. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use, Purchaser, if engaged in commerce and/or trade, shall submit to Seller for approval any press releases regarding Purchaser’s use of solar or renewable energy and shall not submit for publication any such releases without the written approval of Seller. Approval shall not be unreasonably withheld, and Seller’s review and approval shall be made in a timely manner to permit Purchaser’s timely publication.

Environmental Attributes and Environmental Incentives. Unless otherwise specified on Exhibit 1, Seller Purchaser is the owner of all System generated Environmental Attributes created by the generation of Purchaser’s Energy and Environmental Incentives and Seller is entitled to the benefit of all Environmental Incentives, Tax Credits, capacity payments and Purchaserother ancillary market benefits from the PJM ISO. For the avoidance of doubt, Xxxxxxxxx’s purchase of electricity under this Agreement does not include at the Contract Price includes Environmental Attributes, Environmental Incentives or the right to Tax Credits or any other attributes of ownership and operation of the System, all of which shall be retained by Seller. Purchaser shall cooperate with Seller in obtaining, securing and transferring to Purchaser all Environmental Attributes and Environmental Incentives and the benefit of all Tax Credits, including by using the electric energy generated by the System in a manner necessary to qualify for such available Environmental Attributes, Environmental Incentives and Tax Credits. Purchaser shall not be obligated to incur any out–– of–pocket costs or expenses in connection with such actions unless reimbursed by Seller. If any Environmental Incentives are paid directly to Purchaser, Purchaser shall immediately pay such amounts over to Seller. To avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use, PurchaserSeller, if engaged in commerce and/or trade, shall submit to Seller Purchaser for approval any press releases regarding PurchaserSeller’s use or ownership of solar or renewable energy and shall not submit for publication any such releases without the written approval of Sellerof. Purchaser. Approval shall not be unreasonably withheld, and SellerPurchaser’s review and approval shall be made in a timely manner to permit PurchaserSeller’s timely publication.