Prior to joining Helmsley, Auria worked for several Helmsley
properties, serving
in various
capacities as a
sales assistant, reservations manager, and
sales coordinator for both the Helmsley Middletowne and Helmsley Windsor Hotels.
For the avoidance of doubt, Gross Revenues shall (A) exclude monies received from any source other than the
sale of electric energy and
capacity, including, without limitation, any of the following: (i) any federal, state, county or local tax benefits, grants or credits or allowances related to, derived from, or granted to the Wind Energy Project or Grantee, including, but not limited to, investment or production tax credits, or
property or
sales tax exemptions, (ii) proceeds from financing activities,
sales, assignments, partial assignments, contracts (other than the power purchase agreement) or other dispositions of or related to the Wind Energy Project (such as damages for breach of contract or liquidated damages for delays
in project completion or failures
in equipment performance), (iii) amounts received as reimbursements or compensation for wheeling costs or other electricity transmission or delivery costs, and (iv) any proceeds received by Grantee as a result of damage or casualty to the Wind Energy Project, or any portion thereof and (B) include any revenues derived from Grantee's
sale of carbon dioxide trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green - e ® products, any of which are allocated to Grantee, if applicable, through its participation
in any voluntary registry, association or market - based exchange.
175.17 for soliciting a listing when
in fact what was solicited was the actual
sale; cease and desist regulation applies to all licensed broker's regardless of
in what
capacity they act; broker bound by cease and desist regulation even though he was acting as a purchaser of the
property and not
in his
capacity as a real estate licensee; $ 500.00 fine
The court then addressed the question of whether Wilder's activities
in connection with the
sale of the
property constituted the rendering of a service
in the
capacity of a real estate broker, and pointed to the fact that Wilder sought recovery under a cobrokerage agreement with Byers.