Exempt Wholesale Generator Sample Clauses

Exempt Wholesale Generator. STATUS 718 Should any entity to whom PSNH sells its generating assets desire to seek Exempt 719 Wholesale Generator status, the Settling Parties agree that they will support the purchaser's 720 efforts to obtain any necessary approvals and findings from the Commission and/or FERC, as 721 applicable. 722 IX. SECURITIZATION OF STRANDED COSTS 723 A. Role of Securitization in Settlement 724 The Settling Parties recognize that securitization is a useful tool for reducing 725 customers' costs and maximizing customer benefits. The issuance of RRBs will allow PSNH 726 to reduce its cost of capital, thereby significantly reducing rates for customers. Securitization 727 is expected to account for a material portion of the customer cost savings that will be achieved 728 when this Agreement is implemented. 729 B. Legislation 730 Legislation (SB221) deemed necessary and acceptable to the Settling Parties to 731 effectuate the terms of this Agreement and to allow the successful issuance of RRBs is 732 attached hereto as Appendix A. SB221, if enacted, would amend RSA Chapter 369-B and 733 RSA 374-F:3, V (c). Should SB221 not be enacted, such event shall be a failure of a 734 condition precedent to the effectiveness of this Agreement. If SB221 is enacted in a form that 735 differs in any material term from the draft legislation as it appears in Appendix A, any Settling 736 Party shall have the right to withdraw from this Agreement. 737 Such legislation authorizes, among other things, the securitization financing 738 contemplated by this Agreement via the creation by the Commission of an irrevocable 739 property right to xxxx and collect a non-bypassable RRB Charge in amounts sufficient to 740 recover RRB Costs associated with the RRBs. Such irrevocable property right will be 741 referred to as “RRB Property.” 742 Pursuant to RSA Chapter 369-B as amended by the draft legislation, the State of New 743 Hampshire will pledge, contract, and agree that neither the State nor any agency thereof, 744 including the Commission, will limit or alter the RRB Charge, securitized Stranded Costs, 745 RRB Property, or the finance order and all rights thereunder, until the RRBs and any interest, 746 fees and expenses associated therewith are fully discharged, unless adequate provision is 747 made for the protection of the owners or holders. The legislation also provides that RRB 748 Property may be sold in a true sale transaction to a SPSE in order to facilitate the issuance of 749 RRBs and...
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Exempt Wholesale Generator. Each of the statements regarding the Owner Lessor contained in the Owner Lessor's application filed with the FERC to obtain the FERC EWG (Owner Lessor) Order was true and correct as of the date such statement was made by the Owner Lessor.
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Exempt Wholesale Generator. Each of PPL Montana and, assuming the statements regarding the Owner Lessor contained in the Owner Lessor's application filed with the FERC to obtain the FERC EWG (Owner Lessor) Order are true and correct, the Owner Lessor, is an "exempt wholesale generator" as such term is defined in Section 32 of the Holding Company Act.
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Exempt Wholesale Generator. As of the date hereof, the Seller, through its Subsidiaries, possesses “exempt wholesale generator” status and has a “market based rate” tariff on file at the Federal Energy Regulatory Commission. As of the Closing Date, the Acquired Companies receiving the Purchased Assets relating to Escondido and Chula Vista shall possess “exempt-wholesale generator” status and have a “market based rate” tariff on file with the Federal Energy Regulatory Commission.
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Exempt Wholesale Generator. The Borrower shall own, construct, operate and maintain the Project in a manner so that at all times the Project will be an Exempt Wholesale Generator or otherwise be exempt from regulation under PUHCA.
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Exempt Wholesale Generator. Such Guarantor shall cease to be an EWG (provided, that such event shall not be a Project Event of Default if such Guarantor is no longer required under any Requirement of Law to hold such status in order to be exempt from PUHCA);
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Exempt Wholesale Generator. On the date on which it first sells electricity and on each Equity Capital Contribution Date, each Project Company shall be an EWG; provided that nothing in this Agreement shall require any Project Company to obtain a FERC order determining it to be an EWG.
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Exempt Wholesale Generator. Status --------------------------------- To facilitate the divestiture and valuation of Boston Edison units, the parties agree that it is in the public interest for Boston Edison or its successors or assigns to be authorized to sell electricity at market prices in the wholesale markets, and that Boston Edison or its successors or assigns shall be free to apply to become an exempt wholesale generator pursuant to
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Exempt Wholesale Generator. STATUS Should any entity to whom PSNH sells its generating assets be qualified to seek Exempt Wholesale Generator status under Section 32 of the Public Utility Holding Company Act of 1935 and other federal law, rules and regulations, the Parties agree that they will support the purchaser's efforts to obtain any necessary approvals and findings from the PUC.
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Related to Exempt Wholesale Generator

  • Generator Subject to the provisions of this Section 29.36, Tenant shall be entitled to install, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.

  • Emergency Generator Although Landlord is the owner of emergency generator and related automatic transfer switches serving the Building and the 901 Building (collectively, the “Emergency Generator”), prior to the date of this First Amendment, Tenant, as the sole tenant of the Building and the 901 Building, has been operating and maintaining the Emergency Generator. Tenant shall, on the date that is 1 day after the mutual execution and delivery of this First Amendment by the parties (“EG Transfer Date”), (x) deliver the Emergency Generator to Landlord in good working order with a full tank of diesel (y) assign to, transfer and deliver to Landlord all governmental permits and licenses (to the extent such permits and licenses are assignable), if any, warranties (to the extent assignable), operating and maintenance manuals, records and other documents concerning the Emergency Generator, and (y) terminate any service, maintenance or other contracts maintained by Tenant with respect to the Emergency Generator. Tenant has not been obligated to maintain a wastewater permit in connection with the Emergency Generator. With respect to any permit required for the Emergency Generator, Landlord acknowledges and agrees that Tenant has been in the process of obtaining a generator permit in connection with a Tenant permitting process underway with the Bay Area Air Quality Management District (“BAAQMD”) for the 901 Building, that Tenant will remove the generator from its permit application with BAAQMD, and that Landlord will need to obtain a generator permit from BAAQMD in its own name. To the best of Tenant’s knowledge, Tenant does not have any other permits in connection with the Emergency Generator. To the extent Tenant has current contracts with any vendors for the Emergency Generator, Tenant and Landlord shall reasonably cooperate to assign or terminate such contracts in the manner set forth in Section 14 above regarding utilities. To the extent it is not possible for Tenant to remove the request for a generator permit from its BAAQMD application or to assign or terminate any service maintenance or other contracts within 1 day after the mutual execution and delivery of this First Amendment, Tenant shall not be in default hereunder if Tenant promptly commences efforts to do so and diligently performs until such actions have been completed within a reasonable period after such date. Landlord shall, within 5 days of the EG Transfer Date, as part of Expenses, conduct such testing of the Emergency Generator required, in Landlord’s sole and absolute discretion, to determine whether the Emergency Generator is, in fact, in good working order. If such testing discloses that the Emergency Generator is not in good working order, Landlord shall have the right, at Tenant’s sole cost and expense, to perform any maintenance and/or repairs required to put the Emergency Generator in good working order. Following the EG Transfer Date, Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the current capacity of the Emergency Generator and Tenant shall be entitled to Tenant’s share of the capacity thereof available for use by all tenants of the Building and the 901 Building, collectively, in accordance with the rentable area of the Premises and the 901 Building and the collective rentable areas of the Building and the 901 Building occupied by such other tenants, (ii) to contract with a third party to maintain the emergency generators (“Emergency Generator Servicer”) as per the manufacturer’s standard maintenance guidelines, and (iii) to obtain and maintain licenses for the emergency generators as required by applicable law. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the Emergency Generator Servicer or any other third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. Landlord shall provide to Tenant copies of any reports received by Landlord from the Emergency Generator Servicer regarding its maintenance and repairs of the emergency generators; provided, however, that in no event shall Landlord’s failure to deliver such reports constitute a default by Landlord under the Lease. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed. Landlord shall provide Tenant with not less than five (5) business days’ notice of the scheduled disruption in the operation of the emergency generators. In the case of an emergency, Landlord shall provide Tenant with notice of any emergency disruption as soon as reasonably possible after Landlord becomes aware of the need for such emergency disruption.

  • Equipment, Etc Each Grantor shall, (i) within ten (10) days after a written request by the Administrative Agent, in the case of Equipment now owned, and (ii) following a request by the Administrative Agent pursuant to subclause (i) above, within ten (10) days after acquiring any other Equipment, deliver to the Administrative Agent, any and all certificates of title, and applications therefor, if any, of such Equipment and shall cause the Administrative Agent to be named as lienholder on any such certificate of title and applications. No Grantor shall permit any such items to become a fixture to real estate or an accession to other personal property unless such real estate or personal property is the subject of a fixture filing (as defined in the UCC) creating a first priority perfected Lien in favor of the Administrative Agent.

  • Additional Equipment Additional Equipment may from time to time be added as the subject matter of this Agreement as agreed on by the parties. Any additional property will be added in an amendment describing the property, the monthly rental, security deposit, and stipulated loss value of the additional Equipment. All amendments must be in writing and signed by both parties. Other than by this amendment procedure, this Agreement may not be amended, modified, or altered in any manner except in writing signed by both parties.

  • Control Areas Tenant shall be allowed to utilize up to its pro rata share of the Hazardous Materials inventory within any control area or zone (located within the Premises), as designated by the applicable building code, for chemical use or storage. As used in the preceding sentence, Tenant’s pro rata share of any control areas or zones located within the Premises shall be determined based on the rentable square footage that Tenant leases within the applicable control area or zone. For purposes of example only, if a control area or zone contains 10,000 rentable square feet and 2,000 rentable square feet of a tenant’s premises are located within such control area or zone (while such premises as a whole contains 5,000 rentable square feet), the applicable tenant’s pro rata share of such control area would be 20%.

  • Transponders will be assigned to each covert vehicle and are to be stored in the glove compartment, console or other secure place within the assigned vehicle when not in use.

  • Spares Boeing will revise, as applicable, the customized Recommended Spares Parts List (RSPL) and Illustrated Parts Catalog (IPC).

  • Quality Control A. Controlled Affiliate agrees to use the Licensed Marks and Name only in connection with the licensed services and further agrees to be bound by the conditions regarding quality control shown in attached Exhibit A as they may be amended by BCBSA from time-to-time.

  • Capital Equipment Collaborator’s commitment, if any, to provide ICD with capital equipment to enable the research and development activities under the Research Plan appears in Appendix B. If Collaborator transfers to ICD the capital equipment or provides funds for ICD to purchase it, then ICD will own the equipment. If Collaborator loans capital equipment to ICD for use during the CRADA, Collaborator will be responsible for paying all costs and fees associated with the transport, installation, maintenance, repair, removal, or disposal of the equipment, and ICD will not be liable for any damage to the equipment.

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