Project Sites. The Applicant shall secure Project sites that endure for the Summer Performance Periods provided for in accordance with the terms and conditions of this Agreement, or for another timeframe identified and agreed to as part of Addendum 2 hereof. The terms and conditions of the agreements secured by the Applicant with third parties and/or Customers with respect to Project sites are independent of the Company, and the Company shall not have any responsibility or incur any liability pursuant to such agreements. At any time during this Agreement and outside of any Summer Performance Period hereunder, the Applicant may remove, replace, or add any unit (i.e., any whole or part of an ESS solution) associated with a Project site or Customer, provided that any such change shall not modify the Load Reduction Guaranty (as hereinafter defined), and provided further that any such change shall be made in accordance with any applicable safety requirements. Prior to the Operational Date, the Applicant shall provide to the Company a list identifying all sites and Customers of Projects installed or to be installed by the Applicant. For each such site or Customer, the Applicant must meet the applicable M&V requirements. The Company will verify with the Applicant which sites and Customers are eligible under this Agreement.
Appears in 2 contracts
Sources: Non Wires Solutions Energy Storage Program Agreement, Non Wires Solutions Energy Storage Program Agreement
Project Sites. The Applicant shall secure Project sites that endure for the Summer Performance Capability Periods provided for in accordance with the terms and conditions of this Agreement, or for another timeframe identified and agreed to as part of Addendum 2 hereof. The terms and conditions of the agreements secured by the Applicant with third parties and/or Customers with respect to Project sites are independent of the Company, and the Company shall not have any responsibility or incur any liability pursuant to such agreements. At any time during this Agreement and outside of any Summer Performance Capability Period hereunder, the Applicant may remove, replace, or add any unit (i.e., any whole or part of an ESS solution) associated with a Project site or Customer, provided that any such change shall not modify the Load Reduction Guaranty (as hereinafter defined), and provided further that any such change shall be made in accordance with any applicable safety requirements. Prior to the Operational Date, the Applicant shall provide to the Company a list identifying all sites and Customers of ESS Projects installed or to be installed by the Applicant. For each such site or Customer, the Applicant must meet the applicable M&V requirements. The Company will verify with the Applicant which sites and Customers are eligible under this Agreement. Any and all marketing materials developed by Applicant that reference the Company will be subject to approval by the Company. Applicant is responsible for all marketing activities to Customers.
Appears in 1 contract
Sources: Non Wires Solutions Energy Storage Program Agreement