Provision of Environmental Attributes Clause Samples

Provision of Environmental Attributes. In consideration of the purchase of Solar Energy under this Agreement, Seller shall transfer, deliver and otherwise provide to Georgia Power all Environmental Attributes associated with such Solar Energy. 7.7.1 All Environmental Attributes provided by Seller to Georgia Power under this Agreement shall be sourced from the Facility. 7.7.2 Georgia Power shall have exclusive rights to all Environmental Attributes associated with the Solar Energy, which shall include the exclusive right to: (i) claim that energy from the Facility was generated from a renewable type of fuel; (ii) report that it owns the Environmental Attributes to any Governmental Authority or other party for compliance with any Legal Requirement or other purposes; and (iii) claim the Environmental Attributes to customers or potential customers for purposes of marketing and advertising, provided, however, Seller and its Affiliates shall be entitled to issue marketing materials and other statements regarding their respective operations and business activities but only so long as the issuance of such materials and statements does not reduce the economic value to Georgia Power of the Environmental Attributes to be transferred hereunder or otherwise reduce Georgia Power’s claims to such Environmental Attributes or result in the double counting of such Environmental Attributes. 7.7.3 Seller shall maintain and provide to Georgia Power (or, if directed by Georgia Power, other applicable Persons) such information as may be necessary to substantiate, account for, and track the quantity of Environmental Attributes associated with the Facility, including all information necessary for Georgia Power to comply with the requirements of any Governmental Authority or other certifying or standard-setting body relating to the Environmental Attributes to be provided under this Agreement. Seller shall provide Georgia Power with attestations regarding the accuracy of such information as reasonably requested by Georgia Power. Georgia Power shall have the right to disclose such information publicly or to any third party, without the prior consent of Seller, as reasonably required in connection with the operation of Georgia Power’s business, including disclosures: (i) to any entity or person that purchases the Environmental Attributes from Georgia Power; (ii) to any Governmental Authority; (iii) to any auditors or any Person that certifies or sets standards with respect to Environmental Attributes; and (iv) as necessary...
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Provision of Environmental Attributes. ‌ 10.1.1 In consideration of the purchase of energy under this Agreement, as soon as reasonably practicable after the end of each Month of the Term (commencing with the Month in which the Facility commences to generate energy), but by no later than thirty (30) Days after the end of each Month, Seller shall transfer, deliver and otherwise provide to Buyer all Environmental Attributes created, produced or commencing to exist during such Month, including all Environmental Attributes associated with energy produced by the Facility that is not delivered to Buyer at the Interconnection Point. Seller covenants that it shall have good and marketable title to all Environmental Attributes and that it has the right to, and shall, deliver and provide all Environmental Attributes (and all right, title and interest to such Environmental Attributes) to Buyer free and clear of any liens and encumbrances whatsoever. Buyer shall have the right to sell or otherwise transfer to any Person any or all of the Environmental Attributes. Seller shall not be entitled to separate or additional compensation for Environmental Attributes beyond the Monthly Energy Payment and prices for energy under Section 7.2, as calculated in accordance with this Agreement. 10.1.2 With respect to the Environmental Attributes provided to Buyer under this Agreement, Seller represents, warrants and covenants throughout the Term that: (i) Seller has, and shall transfer to Buyer, good and marketable title to such Environmental Attributes; (ii) Seller has the right to, and shall, deliver and provide all Environmental Attributes (and all right, title and interest to such Environmental Attributes) to Buyer free and clear of any liens, Taxes, claims, security interests and any other encumbrances; (iii) Seller has not sold or transferred any of the Environmental Attributes to any other Person; (iv) The Environmental Attributes are separate from the electric energy generated by the Facility from which the Environmental Attributes are sourced; (v) Neither the Environmental Attributes nor the electric energy that was generated with the Environmental Attributes have been utilized by Seller or any of its Affiliates, and to Seller’s knowledge any other Person (other than Buyer), to satisfy or comply with any Legal Requirement or other voluntary or involuntary requirement or standard, including any renewable portfolio standard, renewable energy standard or any other similar standard or requirement; (vi) The electric e...
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Related to Provision of Environmental Attributes

  • Environmental Attributes Seller acknowledges and agrees that any Environmental Attribute associated with or related to the Product will not be sold or otherwise made available to a third party but will be sold to Buyer pursuant to this Agreement. For the avoidance of doubt, the Product sold hereunder must meet the definition of “renewable energy credit” under the IPA Act.

  • Materials of Environmental Concern have not been transported or disposed of from the Properties in violation of, or in a manner or to a location which could give rise to liability under, any Environmental Law, nor have any Materials of Environmental Concern been generated, treated, stored or disposed of at, on or under any of the Properties in violation of, or in a manner that could give rise to liability under, any applicable Environmental Law, except insofar as any such violation or liability referred to in this paragraph, or any aggregation thereof, could not reasonably be expected to result in the payment of a Material Environmental Amount.

  • Materials of Environmental Concern have not been transported or disposed of from the Properties in violation of, or in a manner or to a location that could give rise to liability under, any Environmental Law, nor have any Materials of Environmental Concern been generated, treated, stored or disposed of at, on or under any of the Properties in violation of, or in a manner that could give rise to liability under, any applicable Environmental Law;

  • No Violation of Environmental Laws There is no pending action or proceeding directly involving the Mortgaged Property in which compliance with any environmental law, rule or regulation is an issue; there is no violation of any environmental law, rule or regulation with respect to the Mortgaged Property; and nothing further remains to be done to satisfy in full all requirements of each such law, rule or regulation constituting a prerequisite to use and enjoyment of said property;

  • Preparation of Environmental Reports At the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiaries, provide to the Administrative Agent within sixty (60) days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate described in such request, prepared by a nationally recognized environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.