Deliverability. 2.1 No person having any Security over the property or any other assets of the Grant Recipient has enforced or given notice of its intention to enforce such Security.
Deliverability. 2.1 It has obtained or will by Practical Completion of a Named Project have obtained all Consents and to the extent that such Consents have been obtained they have not been withdrawn.
Deliverability. 2.1 No person having any Security over its property or any of its other assets has enforced or given notice of its intention to enforce such Security.
Deliverability. Buyer shall have the right, to be exercised not more frequently than once each six Months, to request that Seller have performed at Buyer's expense a deliverability test to evaluate the deliverability of xxxxx completed within the Committed Reserves. All deliverability tests shall be conducted in accordance with applicable rules and regulations and may be witnessed by representatives of Buyer. Buyer shall be provided copies of all test reports and results. Seller shall conduct all tests and satisfy all safety and other requirements applicable to Seller, the Committed Reserves, and related xxxxx and equipment, required by any agency or governmental authority having jurisdiction over Gas flowing hereunder and provide Buyer such evidence of compliance as may be required by applicable law, rule, regulation or order. To the extent permitted by applicable law, rule, regulation or order, Buyer shall have the right to cure Seller's noncompliance with the foregoing at Seller's expense upon five Business Days' prior notice and demand to Seller. Buyer may deduct any such expenses incurred by Buyer from proceeds due Seller.
Deliverability. No person having any Security over the property or any other assets of the Grant Recipient has enforced or given notice of its intention to enforce such Security. It has obtained or will by Practical Completion of a Named Project have obtained all Consents and to the extent that such Consents have been obtained they have not been withdrawn. It is not aware, after due enquiry, of anything which materially threatens the success or successful completion of the intention or purpose of this Agreement. No Default Event has occurred and is continuing. All information supplied by or on behalf of it to the GLA or its agents or employees in connection with the Grant Recipient's initial application for grant funding or in the course of the subsequent discussions was at the time of submission and as far as it was aware (or ought to have been aware) having made all reasonable and proper enquiries true, complete and accurate in all respects. It has informed the GLA of any material change that has occurred since: the date of submission of the proposed Approved Bid prior to the date of this Agreement; and the Approved Bid, as the same may be amended, added to, supplemented, substituted or varied in accordance with this Agreement, on each occasion of its amendment, addition, supplementation, substitution or variation of which it is aware (or ought to be aware) having made all reasonable and proper enquiries which would render such information untrue, incomplete or inaccurate in any material respect including without limitation the provision or offer of any additional Public Sector Funding. It is not aware of any material fact or circumstance that has not been disclosed to the GLA and which might, if disclosed materially, adversely affect the decision of anyone considering whether or not to contract with it. The level of rent for any LLR Dwellings will be set at the LLR Rent Levels and the Grant Recipient will review and, if applicable, adjust the rent of any LLR Dwelling in accordance with Condition 11.4.2 each Financial Year. All data or other information supplied to the Regulator or the GLA in connection with, or related to the Approved Bid or this Agreement is accurate. The Grant Recipient will own and be the landlord of the AHP Dwellings to be provided pursuant to this Agreement. The AHP Dwellings funded under this Agreement meet the Additionality Condition. All information supplied by or on behalf of it to the GLA or its agents or employees in connection with this Agr...
Deliverability. (a) It has obtained or will by Practical Completion of a Capital Firm Scheme obtained all Consents and to the extent that such Consents have been obtained they have not been withdrawn.
Deliverability. The Facility will have Full Capacity Deliverability Status by the Commercial Operation Date.
Deliverability. Seller shall use commercially reasonable efforts, with the assistance and cooperation of Buyer to the extent necessary and appropriate, to ensure that the capacity (intermittent generation capacity generation resource) and energy from each Project is aggregate deliverable to the Midwest Independent Transmission System Operator, Inc. (“MISO”) in accordance with the then-current requirements of the MISO Open Access Transmission, Energy and Operating Reserve Markets Tariff. If Seller is unable to satisfy this covenant prior to the Effective Time despite such efforts, then (a) Buyer shall, after the Effective Time and with the assistance and cooperation of Seller to the extent necessary and appropriate, use its commercially reasonable efforts to satisfy this covenant on behalf of Seller as soon as practicable, and (b) Seller shall indemnify Buyer for its actual net Losses directly associated with Seller’s failure to satisfy this covenant prior to the Effective Time.
Deliverability. The Parties acknowledge and agree that the Contract Capacity is intended to be Deliverable Capacity for purposes of this PPA. In the event Firm Transmission is required during the term of this PPA to ensure for any Commercial Operation Year (or subsequent Commercial Operation Years) that the Accredited Capacity Amount for such year retains its accredited capacity status under the Transmission Tariff, Company may, in its sole discretion, proceed to obtain such Firm Transmission (which would in turn require that the Deliverable Capacity be changed to Firm Capacity under this PPA) from the Transmission Authority; provided, however, that all costs related to obtaining or maintaining such Firm Transmission shall be borne exclusively by Seller. Seller acknowledges and agrees that the lead time required by Company to establish Firm Transmission pursuant to this Section 5.6 could be substantial and further acknowledges and agrees that all costs, fines, penalties and other Losses incurred by Company that are related to any failure under this Section 5.6 to change Deliverable Capacity to Firm Capacity prior to the establishment of such Firm Transmission shall be borne exclusively by Seller.
Deliverability. 2.1.1 No third party has any Security over the Site or any part of it or any other assets of the Borough which would prejudice the delivery of the Agreed Intervention.
