Additional water for use at the San Juan Project is based on a Grant of Authority for 8,000 acre-feet of water, dated August 18, 1980, from Utah International (predecessor in interest to SJCC) to PNM and TEP.
In addition to any such requested information, Comverge shall deliver to PNM by April 15 of each Program Year a copy of Comverges audited consolidated financial statements for the prior Program Year.
Comverge shall cooperate fully with PNM, and any contractor retained by PNM, in connection with any such independent verification.
Pursuant to the terms of an order issued by the New Mexico Public Regulation Commission after the execution and delivery of the Indenture, the Company is required to include the following covenants in any debt instrument: The Company and its corporate parent, PNM Resources, Inc. ("Parent"), are being operated as separate corporate and legal entities.
The Program Year minimum Contract Capacity provided by Comverge to PNM will be as set out in Appendix A. The Parties agree that the Maximum Capacity can be up to sixty-two (62) MW as described in Appendix A. Comverge will work with PNM in a timely fashion to prepare documentation for the purpose of such Contract Capacity being classified as a non-spinning reserve.