Ordinance 2015-1695 - Laserfiche WebLink

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procedure in which the City asserts its right to such possession and enjoyment of the Leased Property, its right to application of the Bill Credits and the REC Payments as provided in the CEC Agreements, or which involves the imposition of any taxes or other governmental charges on or in connection with the Leased Property, including, but not limited to, any action to enforce any provision of the CEC Agreements or the obligation of the Utility to apply the Bill Credits and pay the REC Payments in accordance with the Program and the CEC Agreements and any claim made under any warranty relating to the Panels. In addition, the City may at its own expense join in any legal action affecting its possession and enjoyment of the Leased Property, including, but not limited to, any action to enforce any provision of the CEC Agreements and the obligation of the Utility to apply the Bill Credits and pay the REC Payments in accordance with the Program and the CEC Agreements, and shall be joined in any action affecting its liabilities hereunder. Section 3.04. Representations and Covenants of Alpine Bank Relating to CEC Agreements. (a) Alpine Bank hereby agrees that, during the Lease Term, any consent, notice, or direction to be provided by Alpine Bank under the CEC Agreements may, in lieu of Alpine Bank, be provided by the City. Furthermore, Alpine Bank hereby agrees that, during the Lease Term, it shall not provide any such consent, notice, or direction unless previously consented to in writing by the City. (b) Alpine Bank hereby agrees to promptly notify the City in the event that Alpine Bank has actual knowledge of an anticipated event that will result in Alpine Bank no longer constituting a customer of the Utility. In such event, Alpine Bank hereby agrees to take such actions as may be necessary to assign all right, title and interest in and to the CEC Agreements to the City, in the event that the City determines that such assignment is necessary to preserve the City's quiet enjoyment of the Leased Property and rights in the Bill Credits and the REC Payments. (c) The parties acknowledge that one or more notice(s) (the "Bill Credit Notices ") have been provided to the Utility directing that the Bill Credits are to be applied by the Utility to bills of the City and REC Payments paid to the City. Alpine Bank agrees that, during the Lease Term, it shall take no action to rescind the Bill Credit Notices or otherwise redirect the application of the Bill Credits to other than the location(s) specified by the City and that Alpine Bank shall execute and deliver such documents and take such other actions which may be required to provide for application of the Bill Credits to bills of the City and delivery of the REC Payments to the City. Section 3.05. Inspection and Access Rights of Alpine Bank. Notwithstanding any of the foregoing, the City hereby consents to the inspection by Alpine Bank of all books, accounts and records maintained by the City with respect to the Leased Property and this Lease. The City agrees that Alpine Bank and its authorized representatives shall have the right at all reasonable times, and upon reasonable notice, to examine and inspect the Leased Property and all of the City's books, accounts and records with respect thereto. The City further agrees that Alpine Bank and any such representative shall have such rights of access to the Leased Property 9 4812 - 2161 -1294 9