Note to Seller. Where a Pool Safety Inspection has been carried out resulting in a Nonconformity Notice issuing and the Contract does not proceed to Settlement, the local authority may require the pool owner, at its cost, to carry out works to comply with the relevant Pool Safety Standard.
Note to Seller. Buyer has the right to inspect the Property and, as specified in paragraph 17, based upon information discovered in those inspections: (i) cancel this Agreement; or (ii) request that you make Repairs or take other action.
Note to Seller. Seller shall select the Project type offered and designate the month, date, year for compliance with the Critical Milestone, consistent with IDD.] [ ] Energy Efficiency Seller has entered into Customer Agreements representing 100% percent of the Project at contract execution. Seller has installed capacity at customer sites reflecting 75% of Contract Quantity 6 months prior to IDD Site/Customer List has been submitted to Buyer by Seller by no later than 60 days prior to the Expected IDD. Seller has completed installations representing 100% percent of the Project by 30 days prior to IDD [ ] Dispatchable Resources Seller has entered into Customer Agreements representing 100% percent of the Project at contract execution. Seller has installed capacity at customer sites reflecting 75% of Contract Quantity 6 months prior to IDD Site/Customer List has been submitted to Buyer by Seller by no later than 60 days prior to the Expected IDD. Seller has completed installations representing 100% percent of the Project by 30 days prior to IDD Capacity Test: Seller shall demonstrate in the Initial Performance Test, in accordance with Appendix VIII, that the Project is capable of delivering Distribution Services at 100% of Initial Contract Capacity APPENDIX VI- Attachment A FORM OF MONTHLY PROGRESS REPORT Monthly Progress Report of _________________________ (“Seller”) provided to Pacific Gas and Electric Company (“Buyer”) [Date]
Note to Seller. Seller shall select the Project type offered and designate the month, date, year for compliance with the Critical Milestone.] Each Critical Milestone is subject to extension for delays as a result and to the extent of Force Majeure, as described in Section 8.1(d). [PG&E has provided examples for different types of Projects.] [ ] Energy Efficiency Seller submitted a Project Implementation Plan no later than 60 days after the Effective Date consistent with Appendix IV. Seller submitted a Measurement and Verification Plan no later than 60 days after the Effective Date consistent with Appendix VIII. Proposed Site/Customer List submitted to Buyer no later than 120 days prior to the Expected IDD. Seller enters into Customer Agreements representing [Seller to insert] percent of the Project by [Seller insert date]. Seller has completed installations representing [Seller to insert] percent of the Project by [Seller insert date]. [ ] Demand Response Customer Agreements: [insert date] Capacity Test: Seller shall demonstrate in the Initial Performance Test that the Project is capable of delivering Distribution Services at 100% of Initial Contract Capacity Commercial Operation: [insert date] [ ] Behind-the-Meter renewable generation Completed interconnection application [insert date] Executed Interconnection Agreements: [insert date] Safety Plan: [insert date] Construction Start: [insert date] Initial Performance Test Completed: [insert date] Commercial Operation: Seller shall provide to Buyer a certification of Seller Licensed Professional Engineer, substantially in the form attached hereto as Appendix IX-A, demonstrating satisfactory completion of the Project and that the Commercial Operation Date has occurred. [ ] In Front of the Meter renewable generation Completed interconnection application [insert date] Site Control: [insert date] Executed Interconnection Agreements: [insert date] Safety Plan: [insert date] Construction Start: [insert date] Initial Performance Test Completed: [insert date] Commercial Operation: [insert date] [ ] Behind-the-Meter Storage Executed Interconnection Agreements: [insert date] Safety Plan: [insert date] Construction Start: [insert date] Initial Performance Test Completed: [insert date] Commercial Operation: [insert date] [ ] In Front of the Meter Storage Completed interconnection application [insert date] Site Control: [insert date] Executed Interconnection Agreements: [insert date] Safety Plan: [insert date] Construction Start: [inser...
Note to Seller. Do not initial here if you intend that Buyer may use e-mail to deliver any required notices under this Agreement to you. Entire Agreement. This Agreement sets forth the entire understanding of the parties with respect to the purchase and sale of the Property. This Agreement supersedes any and all prior negotiations, correspondence, discussions, agreements, and understandings, whether oral or written, between the parties. This Agreement may not be modified or amended except by a written agreement executed by both parties.
Note to Seller. At the time of sale or transfer of the property or the perpetual timber rights: The seller is responsible for delivering (by certified mail or in person) the SIGNED ORIGINAL to the DNR Region Office in which the property is located. However, if you choose to also have this form recorded by the county, the original is delivered to the county and a copy delivered (by certified mail or in person) to the DNR Region Office. Purchase and Sale Agreement – page 25 of 25
Note to Seller. This section could be replaced with an HCE option to purchase by HCE as of a certain date after COD, e.g. at the start of year 7…]
Note to Seller. Do not initial here if you intend that Buyer may use e-mail to deliver any required notices under this Agreement to you.
Note to Seller. At the Closing, Buyer shall deliver to Seller a secured subordinated note in favor of Seller in the amount of Three Million Two Hundred Thousand Dollars (CDN$3,200,000) substantially in the form attached hereto as Exhibit A (the “Note”). The Note shall provide for interest at one percent (1%) over the prime rate of interest charged by Comerica Bank, calculated from the Closing date and payable quarterly in arrears commencing April 1, 2007, and for principal payments of Two Hundred Thousand Dollars (CDN$200,000) quarterly commencing April 1, 2007, with the final instalment of principal and interest thereon due December 31, 2007. The Note shall be secured by a general security agreement granting Seller a security interest over all of the Purchased Assets, which agreement is to be substantially in the form annexed hereto as Exhibit B (“General Security Agreement”) and is to be delivered by Buyer to Seller at Closing. Seller’s security interest shall be subordinated to the interest of Buyer’s senior secured credit facility but shall otherwise rank ahead of Seller’s other secured creditors. Notwithstanding the foregoing and any other provision of this Agreement, if the Closing Net Working Capital is less than $5,000,000, such shortfall shall cause a dollar for dollar reduction in the amount of the Note and the Purchase Price, and if the Closing Net Working Capital is more than $7,500,000, such excess shall cause a dollar for dollar increase in the amount of the Note and the Purchase Price.
Note to Seller. At the time of sale or transfer of the property or the perpetual timber rights:
