Examples of Annual Fuel Attestation in a sentence
For each two week period (or portion thereof) after the Annual Fuel Attestation Due Date that Seller fails to deliver to Buyer the Annual Fuel Attestation, Seller shall pay to Buyer, as liquidated damages and not as a penalty, one thousand dollars ($1,000); provided that Seller shall pay such liquidated damages for a period not to exceed one-hundred twenty (120) days after the Annual Fuel Attestation Due Date (“Annual Fuel Attestation Deadline”).
Seller shall submit to Buyer’s designated recipient its Annual Fuel Attestation no later than the Annual High Hazard Fuel Attestation Deadline.
Each Annual Fuel Attestation must be complete, not materially modified, and signed by an officer of the Seller.
No later than the Annual High Hazard Fuel Attestation Deadline, Seller shall also obtain and provide, at Seller’s sole expense, a verification from a Registered Professional Forester who shall, by his or her signature, attest to the accuracy of the source and volume of High Hazard Fuel delivered as set forth in Seller’s Annual Fuel Attestation in the form of Appendix L-1 (“Verification of Fuel Source and Delivery”).
Seller hereby covenants that the information contained in its Annual Fuel Attestation shall be true, complete and correct.
Buyer shall have the right to request and review documentation upon which Seller’s Annual Fuel Attestation is based.
If Seller has not submitted the Annual Fuel Attestation and Verification of Fuel Source and Delivery by the Annual High Hazard Fuel Attestation Deadline, Seller shall be deemed to have failed the Fuel Resource Requirement and the High Hazard Fuel Requirement during such Calendar Year and Seller shall be subject to an Event of Default pursuant to Section 13.2.2.15.
The Parties acknowledge that the damages sustained by Buyer associated with Seller’s failure to deliver the Annual Fuel Attestation by the Annual Fuel Attestation Due Date would be difficult or impossible to determine, or that obtaining an adequate remedy would be unreasonably time consuming or expensive, and therefore agree that Seller shall pay Buyer as liquidated damages the bi-weekly amount specified in the preceding sentence which is intended to compensate Buyer for Seller’s failure to perform.
With respect to Fuel Use and the Fuel Resource Requirements, Buyer shall have the right to request all supporting documentation reasonably necessary to determine the accuracy and completeness of any Annual Fuel Attestation submitted by Seller to Buyer.
Accordingly, the Commission adopts the staff proposal as modified:BioMAT projects using “directed biogas” must submit their annual Common Carrier Pipeline report submitted to the California Energy Commission (CEC) to the Buyer as part of their Annual Fuel Attestation.