Laserfiche WebLink
POWER PURCHASE AGREEMENT ("PPA") <br /> energy credits or certificates, emissions reduction credits, emissions allowances, green tags <br /> tradable renewable credits and Green-e® products. This includes State of Illinois Renewable <br /> Energy Credits. <br /> "Environmental Incentives" means all credits, rebates, subsidies, payments or other incentives <br /> that relate to self—generation of electricity, the use of technology incorporated into the System, <br /> environmental benefits of using the System,or other similar programs available from the Utility, <br /> any other regulated entity, the manufacturer of any part of the System or any Governmental <br /> Authority. <br /> "Governmental Authority" means any national, state or local government (whether domestic or <br /> foreign), any political subdivision thereof or any other governmental, quasi-governmental, <br /> judicial, public or statutory instrumentality, authority, body, agency, bureau or entity (including <br /> the Federal Energy Regulatory Commission or the California Public Utilities Commission), or any <br /> arbitrator with authority to bind a party at law. <br /> "Tax Credits" means all (a) investment tax credits, (b) production tax credits and (c) similar tax <br /> credits or grants under federal, state or local law relating to the construction, ownership or <br /> production of energy from the System. <br /> 6. Conditions to Obligations. <br /> a. Conditions to Seller's Obligations. Seller's obligations under this Agreement are <br /> conditioned upon the completion of the following conditions to Seller's reasonable <br /> satisfaction on or before the Condition Satisfaction Date: <br /> i. Completion of a physical inspection of the Facility and the property upon which <br /> the Facility is located(the"Premises") including, if applicable,geotechnical work, <br /> and real estate due diligence to confirm the suitability of the Facility and the <br /> Premises for the System; <br /> ii. Approval of (A) this Agreement and (B) the Construction Agreement (if any) for <br /> the System by Seller's Financing Parties. "Construction Agreement" as used in <br /> this subsection means an agreement between Seller and any Contractor or <br /> Subcontractor to install the System; <br /> iii. Confirmation that the Seller will obtain all applicable Environmental Incentives <br /> and Tax Credits; <br /> iv. Receipt of all necessary zoning, land use and building permits; and <br /> v. Receipt of all necessary agreements with the Utility for interconnection of the <br /> System to Facility electrical system and/or the Utility's electric distribution <br /> system. <br /> b. Failure of Conditions. If any of the conditions listed in subsection (a) are not satisfied by <br /> the Condition Satisfaction Date, the Parties will attempt in good faith to negotiate new <br /> dates for the satisfaction of the failed conditions. If the Parties are unable to negotiate <br /> new dates, then Seller may terminate this Agreement upon ten (10) days written notice <br /> Page 11 of 49 <br />