Additional Seller Representations, Warranties and Covenants. (a) Seller hereby covenants to SCE that throughout the Delivery Term:
Additional Seller Representations, Warranties and Covenants. On the Execution Date, Seller represents and warrants to Buyer that Seller has not used, granted, pledged, assigned, or otherwise committed any of the Monthly Quantity to meet the RAR, Local RAR and/or Flexible RAR, as applicable, or confer Resource Adequacy Benefits upon, any entity other than Buyer during the Delivery Period. Seller covenants that throughout the Delivery Period: Seller will deliver the Product to Buyer free and clear of all liens, security interests, claims and encumbrances or any interest therein or thereto by any person; Seller has been authorized by each Customer, to act as an aggregator on behalf of such Customer to participate as a PDR in the DRAM Resource, if Seller is not also a Customer; The DRP has been authorized by each Customer to act on behalf of such Customer to participate as a PDR for the DRAM Resource, if Seller is not the DRP; and Seller will not use, grant, pledge, assign, or otherwise commit any Monthly Contracted Quantity to meet the RAR, Local RAR, and/or Flexible RAR, as applicable, or confer Resource Adequacy Benefits of the Product upon, any entity other than Buyer during the Delivery Period; During each month of the Delivery Period, if any participating Customers in the DRAM Resource have a Prohibited Resource, Seller shall ensure that such Prohibited Resource is not used to reduce load during a Dispatch by any PDR providing Product to Buyer during such month, as follows: For all Residential Customers, Seller shall include a provision in its contract forbidding the use of Prohibited Resources to reduce load during a Dispatch by any PDR providing Product to Buyer. Any Customer that does not accept the prohibition will not be eligible to participate in the Seller’s DRAM Resource. Seller shall require from each of its non-Residential Customers an attestation form attesting to one of the following conditions: the Customer does not have a Prohibited Resource on site; the Customer has a Prohibited Resource on site and will not use the resource to reduce load during a Dispatch by any PDR providing Product to Buyer; or, the Customer has a Prohibited Resource on site and may have to use the resource during Demand Response events for operational, health or safety reasons. The total nameplate capacity in kW of the Customer’s resource(s) will be used as the Default Adjustment Value (DAV) to adjust the Demand Response incentives / charge for the Customer’s account. For condition 1 above, the Customer’s attestation must inclu...
Additional Seller Representations, Warranties and Covenants. (a) On the Execution Date, Seller represents and warrants to Buyer that Seller has not used, granted, pledged, assigned, or otherwise committed any of the Monthly Quantity to meet the RAR, Local RAR and/or Flexible RAR, as applicable, or confer Resource Adequacy Benefits upon, any entity other than Buyer during the Delivery Period.
Additional Seller Representations, Warranties and Covenants. (a) Seller hereby covenants to Anaheim that throughout the Delivery Term:
Additional Seller Representations, Warranties and Covenants. Seller hereby covenants to SDG&E that: the Project will meet the eligibility requirements set forth in Section 1.4; and Seller will not sell, assign, attribute, claim, or otherwise transfer the Expected Summer On-Peak Energy Savings, Expected Summer Off-Peak Energy Savings, Expected Winter On-Peak Energy Savings or the Expected Capacity Savings or any other energy or capacity savings, reductions or efficiency attributable to the Project, or any Measure of the Project, to any third party (except for any energy or capacity savings or reductions received by the End-Use Customer as a result of the installation of the Project at the End-Use Customer’s Site) other than to SDG&E pursuant to this Agreement.
Additional Seller Representations, Warranties and Covenants. 59 10.03 Indemnity 59 10.04 Assignment 61
Additional Seller Representations, Warranties and Covenants. (a) On the Execution Date, Seller represents and warrants to Buyer that Seller has not used, granted, pledged, assigned, or otherwise committed any of the Monthly Quantity to meet the System Resource Adequacy, or confer Resource Adequacy Benefits upon, any entity other than Buyer during the Delivery Period.
Additional Seller Representations, Warranties and Covenants and Section 6.6,
Additional Seller Representations, Warranties and Covenants. Seller hereby covenants to Anaheim that throughout the Delivery Term: Seller shall own and Operate the Generating Facility; Seller shall deliver to Anaheim the Product free and clear of all liens, security interests, claims, and encumbrances or any interest therein or thereto by any person; Seller has the right to sell all rights, title, and interest in the Product, including any of its Green Attributes, to Anaheim throughout the Term, and, except as set forth herein; Seller shall not sell the Product to any other person or entity; Seller shall hold the rights to all Green Attributes and, if applicable, Capacity Attributes and Resource Adequacy Benefits, which Seller has conveyed and has committed to convey to Anaheim hereunder; Seller shall obtain, maintain, and remain in compliance with all Permits, interconnection agreements, and transmission rights necessary to Operate the Generating Facility and to deliver electric energy from the Generating Facility to the Delivery Point;
