§ 5-35 Representations and Warranties.
RCNY § 5-35
(a)As part of the application and reports required by the Act or these rules, the applicant shall certify and make such representations and warranties as may, from time to time, be deemed necessary to ensure compliance with the provisions of all applicable laws and these rules, including, but not limited to, the following: (1) that all statements made by or on behalf of the applicant in connection with the application are made by a person authorized by the applicant to make such statements and having actual knowledge or documentary information sufficient to make informed and accurate statements, and that such person believes all such statements to be true; (2) that the applicant and its employees and agents will comply with and be in compliance with all provisions of federal, state and local laws, all local rules and executive orders, and these rules; (3) that the applicant is applying for a special rebate only to the extent described in the application and permitted by the Act and these rules; (4) That the applicant represents, acknowledges, covenants and agrees that it bears sole responsibility for paying the full amount of energy services costs to the appropriate utility, vendor or NYCPUS until such time as the special rebate (if any) granted to the applicant under ECSP is reflected on the applicant's bill; (5) that the applicant agrees to permit or cause permission to be granted to the City and its agents to inspect its premises and, in the case of an applicant relocating to replacement premises, the premises from which such applicant is relocating, upon notice during regular business hours; and (6) any other representations or warranties as may be required in the application or requested by the commissioner.
(b)In addition to the requirements of subdivision (a) of this 66 RCNY § 5-35, the applicant shall covenant and agree to repay with interest at the prime rate, as reported in The New York Times (or similar periodical selected by the commissioner), on the effective date of its certificate of eligibility accrued from the date of receipt, the full amount of any special rebate that the applicant has received if subsequently it is determined by the commissioner that the applicant was ineligible to receive a special rebate for any reason.
