SAN XXXX PROJECT. The four unit, coal-fired electric generation plant located in San Xxxx County, New Mexico, near Farmington, New Mexico. The San Xxxx Project includes all facilities, structures, transmission and distribution lines incident to the four-unit electric generating plant. The San Xxxx Project does not include distribution lines, transmission lines, equipment in the Switchyard Facilities or other facilities owned exclusively by a Participant.
SAN XXXX PROJECT. To Seller’s knowledge, the San Xxxx Project has all assets necessary to operate the GenCo Assets as they have been historically operated pursuant to the Participation Agreement, and there are no plans to sell, transfer, assign any such assets (other than assets that will be replaced with assets of equal utility) or to fail to maintain the GenCo Assets in accordance with Prudent Utility Practices and the Participation Agreement.
SAN XXXX PROJECT. The four unit, coal-fired electric generating plant located in San Xxxx County, New Mexico, near Farmington, New Mexico; the San Xxxx Project includes all facilities, structures, transmission and distribution lines incident to the four-unit electric generating plant, but not including distribution lines, transmission lines, equipment in switchyard facilities or other facilities owned exclusively by a Participant San Xxxx Project Committees – Any of the committees established under the PPA, including the Coordination Committee, the Engineering and Operating Committee, the Auditing Committee and the Fuels Committee Share – A Participant’s proportionate funding and cost responsibility, as specified in Section 3.5, and applied for various purposes in this Agreement SJCC – San Xxxx Coal Company, a Delaware corporation, or its successors or assigns Status Report – A status report prepared and provided to Participants and to SJCC in accordance with Section 4.10 Trust – A trust maintained by a Participant with a Trustee pursuant to Section 4 Trust Agreement – A trust agreement entered into between a Participant and its Trustee for the purpose of satisfying the Participant’s responsibilities under the PPA, and under this Agreement, to pay for Reclamation Costs, the Utilities’ Reimbursement Obligation and the Utilities’ Assurance Obligation Trustee – A financial institution selected by a Participant at which the Participant’s Trust is or will be held Trust Funds Operating Agent – The agent of the Participants, selected in accordance with Section 8, undertaking to perform the Work of the Trust Funds Operating Agent UG-CSA – Underground Coal Sales Agreement between SJCC and the Utilities, dated August 31, 2001, as amended from time-to-time Uncontrollable Forces – A cause beyond the control of a Participant as defined in Section 19 Utilities – PNM and TEP when used collectively or “Utility” when used individually Utilities’ Assurance Obligation – The obligation described in Recital E Utilities’ Reimbursement Obligation – The obligation described in Recital D Willful Action – Action taken or not taken by the Trust Funds Operating Agent at the direction of its directors, officers or employees having management or administrative responsibility affecting its performance under this Agreement which: (a) is knowingly or intentionally taken or not taken with conscious indifference to the consequences thereof or with intent that injury or damage would probably result therefrom;...
