( a ) the contract is in full force and effect and has not been modified or amended, awe and customer have not assigned their interests in the contract, and the contract represents the entire agreement between awe and customer ; and ( b ) the customer has made only the deposit and no other payments have been made by customer to awe in connection with the contract and there have been no deliveries made or services rendered under the contract by awe ; and ( c ) all obligations to be observed or performed by awe under the contract have been duly observed or performed by awe up to and including the date hereof ; and ( d ) awe and customer have no knowledge of any existing default under the contract and no event has occurred to the knowledge of awe and customer that, with or without the giving of notice or with the passage of time, or both, would constitute a default under the contract. witness : “ awe ” americas wind energy, inc. by : name : name : title : witness : “ ewt ” ewt - americas inc. by : name : name : title : witness : “ customer ” waverly light and power by : name : name : title :