Common use of Qualifying Facility Status Clause in Contracts

Qualifying Facility Status. Seller warrants that the Facility is a “Qualifying Facility,” as that term is used and defined in 18 CFR §292.207. After initial qualification, Seller will take such steps as may be required to maintain the Facility’s Qualifying Facility status during the term of this Agreement and Seller’s failure to maintain Qualifying Facility status will be a Material Breach of this Agreement. Idaho Power reserves the right to review the Seller’s Qualifying Facility status and associated support and compliance documents at anytime during the term of this Agreement.

Qualifying Facility Status. Seller warrants that the Facility is a “Qualifying Facility,” as that term is used and defined in 18 CFR §292.207. After initial qualification, Seller will take such steps as may be required to maintain the Facility’s Qualifying Facility status during the term of this Agreement and 292.201 et seq.. Seller’s failure to maintain the Facility and operations of the Facility in a manner consistent with the initial Qualifying Facility status certificate will be a Material Breach of this Agreement. Idaho Power reserves the right to review the Seller’s Qualifying Facility status and associated support and compliance documents at anytime during the term of this Agreement.