Common use of FIT Clause in Contracts

FIT. (a) The procurement period and feed-in-tariff of each Project under the FIT Act is as set forth in the relevant Part of Schedule 1 (Projects). There are no grounds or, to the Knowledge of the Seller, reasonable expectation of any grounds, for modification or cancellation of such procurement period or feed-in-tariff. Without limiting the generality of the foregoing, with respect to the Yatsubo Project and Orido Project only, to the Knowledge of the Seller, there are no grounds or reasonable expectation of any grounds for the relevant utility to require the relevant Transferring Company to resubmit an application for the grid connection for the relevant Project. (b) The Business Plan for each Project has obtained accreditation from the Minister of Economy, Trade and Industry as set forth in Article 9 Paragraph 3 of the FIT Act (or is deemed to have obtained accreditation pursuant to Article 4 Paragraph 1 of the Supplementary Provisions for the 2016 Act to Amend FIT Act). Such accreditation is valid, and there are no grounds or, to the Knowledge of the Seller, any reasonable expectation of grounds, for the modification or rescission of such accreditation. (c) All pending applications to METI for a change in the Business Plan of any Project are described in Schedule 1 (Projects), and no such change, if approved, could reasonably be expected to result in any modification or cancellation of the procurement period or feed-in-tariff for such Project. (d) To the Knowledge of the Seller, no grounds for rescission of recognition, as set forth in each of the items in Article 15 of the FIT Act, exist with respect to any Business Plan Authorization. (e) With respect to the Yatsubo Project and Orido Project only, the Seller has been informed orally by the relevant utility that the grid connection date is expected to occur in February 2023.

Appears in 1 contract

Sources: Membership Interest Purchase and Sale Agreement (First Solar, Inc.)

FIT. (a) The procurement period and feed-in-tariff of each Project under the FIT Act is as set forth in the relevant Part of Schedule 1 (Projects). There are no grounds or, to the Knowledge of the SellerSellers, reasonable expectation of any grounds, for modification or cancellation of such procurement period or feed-in-tariff. Without limiting the generality of the foregoing, with respect to the Yatsubo Project and Orido Project only, to the Knowledge of the SellerSellers, there are no grounds or reasonable expectation of any grounds for the relevant utility to require the relevant Transferring Relevant Project Company to resubmit an application for the grid connection for the relevant Relevant Project. (b) The Business Plan for each Project has obtained accreditation from the Minister of Economy, Trade and Industry as set forth in Article 9 Paragraph 3 of the FIT Act (or is deemed to have obtained accreditation pursuant to Article 4 Paragraph 1 of the Supplementary Provisions for the 2016 Act to Amend FIT Act). Such accreditation is valid, and there are no grounds or, to the Knowledge of the SellerSellers, any reasonable expectation of grounds, for the modification or rescission of such accreditation. (c) All pending applications to METI for a change in the Business Plan of any Project are described in the relevant Part of Schedule 1 (Projects), and no such change, if approved, could reasonably be expected to result in any modification or cancellation of the procurement period or feed-in-tariff for such Project. (d) To the Knowledge of the SellerSellers, no grounds for rescission of recognition, as set forth in each of the items in Article 15 of the FIT Act, exist with respect to any relevant Business Plan Authorization. (e) With respect to the Yatsubo Project and Orido Project only, the Seller FSJ has been informed orally by the relevant utility that the grid connection date is expected to occur in February 2023.

Appears in 1 contract

Sources: Interest Purchase and Sale Agreement (First Solar, Inc.)