Facility Performance. Seller is not aware of any circumstances which could reasonably be expected to prevent the Portfolio or, with respect to any ESA Warranty or Efficiency Warranty, any Facility therein, as of such date from complying with the Warranty Specifications and the ESA Warranties for the Warranty Period applicable thereto.
Appears in 2 contracts
Sources: Purchase Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)