Common use of Representations of the Parties and Conditions Precedent Clause in Contracts

Representations of the Parties and Conditions Precedent. 3.1 SRC Producer warrants and covenants from and after the Date of Commercial Operation to Public Service as follows: (a) SRC Producer will be either the PV System Owner or a subscriber organization organized under Section 40-2-127, C.R.S., duly authorized by the PV System Owner to beneficially operate the PV System and to issue subscriptions in the PV System to SRC Subscribers. (b) SRC Producer will be duly authorized to sell and deliver to Public Service Photovoltaic Energy and associated RECs produced by the PV System on behalf of all SRC Subscribers who then have valid Subscriptions in the PV System. (c) SRC Producer will have the right and authority to sell the unsubscribed Photovoltaic Energy and associated RECs produced by the PV System to Public Service. (d) SRC Producer will at all times have a designated primary application manager or other authorized representative, and such individual will have authority to act on behalf of SRC Producer (and Public Service will be entitled to rely on such individual’s authority) for all actions contemplated by this Agreement, including payment direction to return the Deposit or escrowed funds under Sections 4.4 and 4.5. 3.2 If the PV System Owner and the SRC Producer are not the same person, then the undersigned PV System Owner hereby agrees and consents to the terms of this Agreement and hereby authorizes SRC Producer to perform any and all acts necessary on its behalf to carry out the duties, responsibilities and obligations provided for herein as SRC Producer, and to sell on the PV System Owner’s behalf any and all of PV System Owner’s interest in the Photovoltaic Energy and associated RECs produced by the PV System to Public Service in accordance with the terms hereof.

Representations of the Parties and Conditions Precedent. 3.1 SRC Producer represents and warrants and covenants from and after the Date of Commercial Operation to Public Service as follows: (a) SRC Producer will be is either the PV System Owner or is a subscriber organization organized under Section 40-2-127, C.R.S., and has been duly authorized by the PV System Owner to beneficially operate the PV System and to issue subscriptions in the PV System to SRC Subscribers. (b) SRC Producer will be has been duly authorized to sell and deliver to Public Service Photovoltaic Energy and associated RECs produced by the PV System on behalf of all SRC Subscribers who then have having valid Subscriptions in the PV System, the purchase price and full consideration for which are the SRC Credits to be applied on the SRC Subscribers’ electric service bills in accordance with Rate Schedule SRC of Public Service’s Electric Tariffs. (c) SRC Producer will have has the right and authority to sell the unsubscribed Photovoltaic Energy and associated RECs produced by the PV System to Public ServiceService on behalf of the PV System Owner, the SRC Subscribers and itself. (d) SRC Producer will at all times have a designated primary application manager or other authorized representative, has the right and such individual will have authority to act on behalf sell all of SRC Producer (the RECs associated with the Photovoltaic Energy produced by the PV System and delivered to Public Service will be entitled to rely on such individual’s authority) for all actions contemplated by this Agreement, including payment direction to return at the Deposit or escrowed funds under Sections 4.4 and 4.5Production Meter. 3.2 If the PV System Owner and the SRC Producer are not the same person, then the undersigned PV System Owner hereby agrees and consents to the terms of this Agreement and hereby authorizes SRC Producer to perform any and all acts necessary on its behalf to carry out the duties, responsibilities and obligations provided for herein as SRC Producer, and to sell on the PV System Owner’s behalf any and all of PV System Owner’s interest in the Photovoltaic Energy and associated RECs produced by the PV System to Public Service in accordance with the terms hereof.

Representations of the Parties and Conditions Precedent. 3.1 SRC Producer warrants and covenants from and after the Date of Commercial Operation to Public Service as follows: (a) SRC Producer will be either the PV System Owner or a subscriber organization organized under Section 40-2-127, C.R.S., duly authorized by the PV System Owner to beneficially operate the PV System and to issue subscriptions Subscriptions in the PV System to SRC Subscribers. (b) SRC Producer will be duly authorized to sell and deliver to Public Service Photovoltaic Subscribed Energy and associated RECs produced by the PV System on behalf of all SRC Subscribers who then have valid Subscriptions in the PV System. (c) SRC Producer will have the right and authority to sell the unsubscribed Photovoltaic Unsubscribed Energy and associated RECs produced by the PV System to Public Service. (d) SRC Producer will at all times have a designated primary application manager or other authorized representative, and such individual will have authority to act on behalf of SRC Producer (and Public Service will be entitled to rely on such individual’s authority) for all actions contemplated by this Agreement, including payment direction to return the Deposit or escrowed funds under Sections 4.4 and 4.5. 3.2 (e) If SRC Producer is not the PV System Owner, the PV System Owner and the has authorized SRC Producer are (which authorization has not the same personbeen revoked, then the undersigned PV System Owner hereby agrees and consents to the terms of this Agreement and hereby authorizes SRC Producer terminated or limited in any respect) to perform any and all acts necessary on its behalf to carry out the duties, responsibilities and obligations provided for herein as SRC Producer, and to sell on the PV System Owner’s behalf any and all of PV System Owner’s interest in the Photovoltaic Energy and associated RECs produced by the PV System to Public Service in accordance with the terms hereofhereof and in the form of Exhibit E attached hereto.

Representations of the Parties and Conditions Precedent. 3.1 SRC CSG Producer represents and warrants and covenants from and after the Date of Commercial Operation to Public Service as follows: (a) SRC CSG Producer will be is either the PV System Owner or is a subscriber organization organized under Section Colo. Rev. Stat. § 40-2-127, C.R.S., and has been duly authorized by the PV System Owner to beneficially operate the PV System and to issue subscriptions in the PV System to SRC CSG Subscribers. (b) SRC CSG Producer will be has been duly authorized to sell and to deliver to Public Service Black Hills Energy Photovoltaic Energy and associated RECs produced by the PV System on behalf of all SRC CSG Subscribers who then have having valid Subscriptions in the PV System, the purchase price and full consideration for which are the CSG Credits to be applied on the CSG Subscribers’ electric service bills in accordance with Rate Schedule CSG of Black Hills Energy’s Electric Tariffs. (c) SRC CSG Producer will have has the right and authority to sell the unsubscribed Photovoltaic Energy and associated RECs produced by the PV System to Public ServiceBlack Hills Energy on behalf of the PV System Owner, the CSG Subscribers and itself. (d) SRC CSG Producer will at all times have a designated primary application manager or other authorized representative, has the right and such individual will have authority to act on behalf sell all of SRC Producer (the RECs associated with the Photovoltaic Energy produced by the PV System and Public Service will be entitled delivered to rely on such individual’s authority) for all actions contemplated by this Agreement, including payment direction to return Black Hills Energy at the Deposit or escrowed funds under Sections 4.4 and 4.5Production Meter. 3.2 If the PV System Owner and the SRC CSG Producer are not the same person, then the undersigned PV System Owner hereby agrees and consents to the terms of this Agreement and hereby authorizes SRC CSG Producer to perform any and all acts necessary on its behalf to carry out the duties, responsibilities and obligations provided for herein as SRC CSG Producer, and to sell on the PV System Owner’s behalf any and all of PV System Owner’s interest in the Photovoltaic Energy and associated RECs produced by the PV System to Public Service Black Hills Energy in accordance with the terms hereof.