Common use of Qualifying Facility Status Clause in Contracts

Qualifying Facility Status. Prior to the DATE OF INITIAL OPERATION, SELLER shall receive and provide PECO ENERGY with certification from FERC that the PROJECT is a QUALIFYING FACILITY for the full amount of NET ELECTRIC OUTPUT to be purchased by PECO ENERGY under the AGREEMENT. SELLER shall maintain the PROJECT in compliance with the requirements for a QUALIFYING FACILITY established under PURPA and applicable FERC regulations for the full amount of NET ELECTRIC OUTPUT to be purchased by PECO ENERGY under the AGREEMENT, and any failure by SELLER to so maintain the PROJECT shall be a breach of the AGREEMENT under Section 20.1 hereof.

Qualifying Facility Status. Prior to the DATE OF INITIAL OPERATION, SELLER shall receive and provide PECO ENERGY with certification from FERC that the PROJECT is a QUALIFYING FACILITY for the full amount of NET ELECTRIC OUTPUT to be purchased by PECO ENERGY under the AGREEMENT. SELLER shall maintain the PROJECT in compliance with the requirements for a QUALIFYING FACILITY established under PURPA and applicable FERC regulations for the full amount of NET ELECTRIC OUTPUT to be purchased by PECO ENERGY under the AGREEMENT, and any failure by SELLER to so maintain the PROJECT shall be a breach of the AGREEMENT under Section Section 20.1 hereof.