NYSERDA’s obligations under this Agreement are expressly conditioned on the Bid Facility, from the Effective Date through completion of the Contract Delivery Term,
NYSERDA’s obligations under this Agreement are expressly conditioned on the eligibility of Seller’s Bid Facility, at the time of execution of this Agreement and throughout the duration of the Contract Delivery Term, under the RES eligibility rules and requirements as stated at Appendix A to the August Order [and, where appropriate, upon compliance by Seller with the requirements of Exhibit D]. NYSERDA and/or its designee shall have reasonable access to the Bid Facility for the purpose of verifying the continuing eligibility of the Bid Facility and its operation. Bid Facilities selected under this RFP will not be subject to subsequent changes in RES eligibility rules; however, in the event that the Bid Facility fails to maintain eligibility consistent with the RES requirements as adopted by the August Order, such ineligibility will extend to the attributes emanating from the Bid Facility. See also Section 17.04
NYSERDA’s obligations under this Agreement are expressly conditioned on the Bid Facility, from the Effective Date through completion of the Contract Delivery Term, (a) qualifying as a “Renewable Energy System” as defined on the Effective Date in § 66-p(1)(b) of the Public Service Law and the 2020 CES Order, and (b) complying with the “Additional Eligibility Requirements” identified in Appendix A of the 2016 CES Order. NYSERDA and/or its designee shall have reasonable physical access to the Bid Facility for the purpose of verifying the continuing eligibility of the Bid Facility and its operation. NYSERDA’s obligation to purchase Tier-1 RECs under this Agreement will not be reduced or eliminated if the above-referenced definition of “Renewable Energy System” or the “Additional Eligibility Requirements” are changed after the Effective Date in a manner that renders the Bid Facility unable to comply.
NYSERDA’s obligations under this Agreement are expressly conditioned on the eligibility of Seller’s Bid Facility, at the time of execution of this Agreement and throughout the duration of the Contract Delivery Term, under the RES eligibility rules and requirements as stated at Appendix A to the August Order [and, where appropriate, upon
