Common use of Representations of the Participant Clause in Contracts

Representations of the Participant. Applicant represents that Applicant is duly authorized to represent the interests of a Customer with regard to the DLM Program. Applicant shall at all times conduct business consistent with the requirements of Con Edison and the rules of the DLM Program, and in an ethical manner consistent with reasonable expectations of professional conduct, and Applicant shall not represent the DLM Program in a manner that would violate the requirements of Con Edison and the rules of the DLM Program and that could adversely affect Con Xxxxxx’s business, operations, reputation, and good standing with Con Xxxxxx’s customers or the community. Without limitation, Applicant shall, and shall ensure that all Customers hereunder (1) comply with applicable laws, ordinances, regulations, codes and all requirements applicable to the DLM Program, (2) maintain any and all relevant trade and other licenses as required by federal, state, county, or municipal government in connection with any activity by Applicant related to the DLM Program, (3) represent truthfully, fully and accurately the technology and services proposed in connection with the DLM Program and Applicant shall not make any misrepresentations in this regard, (4) ensure that all information provided to Con Edison with respect to the DLM Program shall be truthful, accurate, and complete, including, without limitation, information provided as part of submitted applications and reports, and Applicant shall not make any misrepresentations in this regard, (5) maintain the confidentiality obligations provided for by this Agreement, including, without limitation, that Applicant shall not share Incentive Rates for approved or not approved Aggregations without the express written consent of Con Edison, and (6) notify Con Edison within ten business days and provide the identity of the disclosing party if Applicant receives information from another party regarding Incentive Rates for approved or not approved Aggregations. Without limitation to the foregoing provided for by this Section XX, Applicant shall ensure that any Customer in the DLM Program is aware of the responsibility of such Customer to ensure that any use of generators meets all federal, state, and local regulations, and their permitted conditions. In addition, Applicant shall ensure that if a Customer is permitted to use electric generation, then such Customer is aware of such Customer’s responsibility for tracking the hours of use or amount of emissions to ensure participation in tests and/or events in compliance with all limits on hours of use or amount of emissions. Also, without limitation, Applicant shall ensure appropriate registration and compliance in accordance with the requirements of the Uniform Business Practices for Distributed Energy Resource (DER) Suppliers, which is provided for by New York State Public Service Commission (PSC) Case 15-M-0180. Applicant represents that Applicant shall inform any Customer to be enrolled for participation in the DLM Program that such Customer will then forego any of two compensation streams that may be received by Customer as part of a Con Edison Rider R Tariff program for the duration of the term hereof, particularly DRV and LSRV compensation streams. A failure under this Section XX by Applicant shall be considered by Con Xxxxxx as evidence of a breach of this Agreement and may be considered an event of default under Section XIX.

Representations of the Participant. Applicant The Participant has reviewed this Notice, the Award Agreement and the Plan in their entirety, has had an opportunity to have such reviewed by his or her legal and tax advisers, and hereby attests that he or she is relying solely on such advisors and not on any statements or representations of the Company or any of its agents or affiliates. The Participant represents that Applicant is duly authorized to represent the interests of a Customer with regard to the DLM Program. Applicant shall at all times conduct business consistent Company that he or she is familiar with the requirements terms of Con Edison this Notice, the Award Agreement and the rules of the DLM ProgramPlan, and in an ethical manner consistent with reasonable expectations hereby accepts the Covered Shares subject to all of professional conductits terms. The Participant hereby agrees that all questions of interpretation and administration relating to this Notice, and Applicant shall not represent the DLM Program in a manner that would violate the requirements of Con Edison Award Agreement and the rules Plan shall be solely resolved by the Committee. PERFORMANCE-BASED FORM OF AWARD Award No. Electronic Signature: This Notice may be executed by the Participant and the Company by means of electronic or digital signatures, which shall have the DLM Program same force and effect as manual signatures. The Participant agrees that could adversely affect Con Xxxxxx’s business, operations, reputation, and good standing with Con Xxxxxx’s customers clicking “I Accept” (or the community. Without limitation, Applicant shall, and shall ensure that all Customers hereunder (1a tab of similar intent) comply with applicable laws, ordinances, regulations, codes and all requirements applicable to the DLM Program, (2) maintain any and all relevant trade and other licenses as required by federal, state, county, or municipal government in connection with or response to any activity electronic communication or other medium has the effect of affixing the Participant’s electronic signature to this Notice. This Award of Covered Shares shall be forfeited by Applicant related the Participant if it is not duly executed by electronic signature by the Participant within the number of days set forth in the electronic transmission of this Award Agreement following the Date of Grant. SCHEDULE 1 TAPSTONE ENERGY INC. 2017 LONG-TERM INCENTIVE PLAN NOTICE OF RESTRICTED STOCK AWARD Pursuant to the DLM ProgramNotice, the performance-based portion of the Vesting Schedule shall be as follows: The performance-based portion of the Vesting Schedule shall be satisfied no later than [DATE]. TAPSTONE ENERGY INC. 2017 LONG-TERM INCENTIVE PLAN RESTRICTED STOCK AWARD AGREEMENT Subject to the terms and conditions of the Notice of Restricted Stock Award (3the “Notice”), this Restricted Stock Award Agreement (this “Award Agreement”), and the Tapstone Energy Inc. 2017 Long-Term Incentive Plan (the “Plan”), Tapstone Energy Inc., a Delaware corporation (the “Company”) represent truthfullyhereby grants the individual set forth in the Notice (the “Participant”) Shares of common stock (the “Covered Shares”). Unless otherwise specifically indicated, fully and accurately the technology and services proposed in connection with the DLM Program and Applicant shall not make any misrepresentations all terms used in this regard, (4) ensure that all information provided to Con Edison with respect to Award Agreement shall have the DLM Program shall be truthful, accurate, and complete, including, without limitation, information provided meaning as part of submitted applications and reports, and Applicant shall not make any misrepresentations in this regard, (5) maintain the confidentiality obligations provided for by this Agreement, including, without limitation, that Applicant shall not share Incentive Rates for approved or not approved Aggregations without the express written consent of Con Edison, and (6) notify Con Edison within ten business days and provide the identity of the disclosing party if Applicant receives information from another party regarding Incentive Rates for approved or not approved Aggregations. Without limitation to the foregoing provided for by this Section XX, Applicant shall ensure that any Customer set forth in the DLM Program is aware of Notice or the responsibility of such Customer to ensure that any use of generators meets all federal, state, and local regulations, and their permitted conditions. In addition, Applicant shall ensure that if a Customer is permitted to use electric generation, then such Customer is aware of such Customer’s responsibility for tracking the hours of use or amount of emissions to ensure participation in tests and/or events in compliance with all limits on hours of use or amount of emissions. Also, without limitation, Applicant shall ensure appropriate registration and compliance in accordance with the requirements of the Uniform Business Practices for Distributed Energy Resource (DER) Suppliers, which is provided for by New York State Public Service Commission (PSC) Case 15-M-0180. Applicant represents that Applicant shall inform any Customer to be enrolled for participation in the DLM Program that such Customer will then forego any of two compensation streams that may be received by Customer as part of a Con Edison Rider R Tariff program for the duration of the term hereof, particularly DRV and LSRV compensation streams. A failure under this Section XX by Applicant shall be considered by Con Xxxxxx as evidence of a breach of this Agreement and may be considered an event of default under Section XIXPlan.

Representations of the Participant. Applicant represents that Applicant is duly authorized to represent the interests of a Customer with regard to the DLM Program. Applicant shall at all times conduct business consistent with the requirements of Con Edison and the rules of the DLM Program, and in an ethical manner consistent with reasonable expectations of professional conduct, and Applicant shall not represent the DLM Program in a manner that would violate the requirements of Con Edison and the rules of the DLM Program and that could adversely affect Con XxxxxxEdison’s business, operations, reputation, and good standing with Con XxxxxxEdison’s customers or the community. Without limitation, Applicant shall, and shall ensure that all Customers hereunder (1) comply with applicable laws, ordinances, regulations, codes and all requirements applicable to the DLM Program, (2) maintain any and all relevant trade and other licenses as required by federal, state, county, or municipal government in connection with any activity by Applicant related to the DLM Program, (3) represent truthfully, fully and accurately the technology and services proposed in connection with the DLM Program and Applicant shall not make any misrepresentations in this regard, (4) ensure that all information provided to Con Edison with respect to the DLM Program shall be truthful, accurate, and complete, including, without limitation, information provided as part of submitted applications and reports, and Applicant shall not make any misrepresentations in this regard, (5) maintain the confidentiality obligations provided for by this Agreement, including, without limitation, that Applicant shall not share Incentive Rates for approved or not approved Aggregations without the express written consent of Con Edison, and (6) notify Con Edison within ten business days and provide the identity of the disclosing party if Applicant receives information from another party regarding Incentive Rates for approved or not approved Aggregations. Without limitation to the foregoing provided for by this Section XX, Applicant shall ensure that any Customer in the DLM Program is aware of the responsibility of such Customer to ensure that any use of generators meets all federal, state, and local regulations, and their permitted conditions. In addition, Applicant shall ensure that if a Customer is permitted to use electric generation, then such Customer is aware of such Customer’s responsibility for tracking the hours of use or amount of emissions to ensure participation in tests and/or events in compliance with all limits on hours of use or amount of emissions. Also, without limitation, Applicant shall ensure appropriate registration and compliance in accordance with the requirements of the Uniform Business Practices for Distributed Energy Resource (DER) Suppliers, which is provided for by New York State Public Service Commission (PSC) Case 15-M-0180. Applicant represents that Applicant shall inform any Customer to be enrolled for participation in the DLM Program that such Customer will then forego any of two compensation streams that may be received by Customer as part of a Con Edison Rider R Tariff program for the duration of the term hereof, particularly DRV and LSRV compensation streams. A failure under this Section XX by Applicant shall be considered by Con Xxxxxx Edison as evidence of a breach of this Agreement and may be considered an event of default under Section XIX.