Common use of Allocation of CAISO Payments and Costs Clause in Contracts

Allocation of CAISO Payments and Costs. (a) Except as provided in this Article Seven, Seller shall retain any revenues it may receive from and pay all costs charged by, the CAISO or any other third party with respect to the Product or Project. (b) Buyer shall be entitled to receive and retain all revenues associated with the Product during the Delivery Term (“Buyer Revenues”), including any capacity or availability revenues from CPM, including through a competitive solicitation process, and Residual Unit Commitment (RUC) Availability Payments. Seller shall be entitled to receive and retain all revenues for CPM in excess of the Buyer Revenues. (c) All such Buyer Revenues received by Seller SC, or any Unit’s owner or operator shall be remitted to Buyer, and Seller shall be responsible for paying for such revenues to Buyer if a SC or Unit’s owner or operator fails to remit those revenues to Buyer. In order to verify the accuracy of Buyer Revenues submitted by Seller or its SC, Buyer shall have the right, at its sole expense and during normal working hours after reasonable prior Notice, to hire an independent third party reasonably acceptable to Seller to audit any documents, records or data of Seller associated with the Product. (d) To the extent that the Project is subject to the terms of the Availability Standards, Non-Availability Charges, and Availability Incentive Payments of the CAISO Tariff, the Parties agree that any Availability Incentive Payments are for the benefit of Seller and for Seller’s account and that any Non-Availability Charges are the responsibility of Seller and for Seller’s account.

Allocation of CAISO Payments and Costs. (a) Except as provided in this Article SevenSix, Seller shall retain any revenues it may receive from and pay all costs charged by, the CAISO or any other third party with respect to the Product or Project. (b) Buyer shall be entitled to receive and retain all revenues associated with the Product during the Delivery Term (“Buyer Revenues”), including any capacity or availability revenues from CPM, including through a competitive solicitation process, and Residual Unit Commitment (RUC) Availability Payments. Seller shall be entitled to receive and retain all revenues for CPM in excess of the Buyer Revenues. (c) All such Buyer Revenues received by Seller SC, or any Unit’s owner or operator SC shall be remitted to Buyer, and Seller shall be responsible for paying for such revenues to Buyer if a SC or Unit’s owner or operator fails to remit those revenues to Buyer. In order to verify the accuracy of Buyer Revenues submitted by Seller or its SC, Buyer shall have the right, at its sole expense and during normal working hours after reasonable prior Notice, to hire an independent third party reasonably acceptable to Seller to audit any documents, records or data of Seller associated with the Product. (d) To the extent that the Project is subject to the terms of the Availability Standards, Non-Availability Charges, and Availability Incentive Payments of the CAISO Tariff, the Parties agree that any Availability Incentive Payments are for the benefit of Seller and for Seller’s account and that any Non-Availability Charges are the responsibility of Seller and for Seller’s account, including, without limitation, any charges resulting from Seller’s failure to deliver any Capacity Attributes.

Allocation of CAISO Payments and Costs. (a) Except as provided in this Article SevenSix, Seller shall retain any revenues it may receive from and pay all costs charged by, the CAISO or any other third party with respect to the Product or Project. (b) Buyer shall be entitled to receive and retain all revenues associated with the Product during the Delivery Term (“Buyer Revenues”), including any capacity or availability revenues from CPM, including through a competitive solicitation process, and Residual Unit Commitment (RUC) Availability Payments. Seller shall be entitled to receive and retain all revenues for CPM in excess of the that do not constitute Buyer Revenues. (c) All such Buyer Revenues received by Seller SC, or any Unit’s owner or operator SC shall be remitted to Buyer, and Seller shall be responsible for paying for such revenues to Buyer if a SC or Unit’s owner or operator fails to remit those revenues to Buyer. In order to verify the accuracy of Buyer Revenues submitted by Seller or its SC, Buyer shall have the right, at its sole expense and during normal working hours after reasonable prior Notice, to hire an independent third party reasonably acceptable to Seller to audit any documents, records or data of Seller associated with the Product. (d) To the extent that the Project is subject to the terms of the Availability Standards, Non-Availability Charges, and Availability Incentive Payments of the CAISO Tariff, the Parties agree that any Availability Incentive Payments are for the benefit of Seller and for Seller’s account and that any Non-Availability Charges are the responsibility of Seller and for Seller’s account, including, without limitation, any charges resulting from Seller’s failure to deliver any Capacity Attributes.

Allocation of CAISO Payments and Costs. (a) Except as provided in this Article Seven, Seller shall retain any revenues it may receive from and pay all costs charged by, the CAISO or any other third party with respect to the Product or Project. (b) Buyer shall be entitled to receive and retain all revenues associated with the Product at the Contract Quantities during the Delivery Term (“Buyer Revenues”), including any capacity or availability revenues from CPM, including through a competitive solicitation process, and Residual Unit Commitment (RUC) Availability Incentive Payments. Buyer Revenues from the CPM shall be pro-rated by the following calculation: the ratio of (i) the amount of RA Attributes listed in the Contract Quantities to (ii) the Project’s NQC. Seller shall be entitled to receive and retain all revenues for CPM in excess of the Buyer Revenues. (c) All such Buyer Revenues received by Seller SC, or any Unit’s owner or operator shall be remitted to Buyer, and Seller shall be responsible for paying for such revenues to Buyer if a SC or Unit’s owner or operator fails to remit those revenues to Buyer. In order to verify the accuracy of Buyer Revenues submitted by Seller or its SC, Buyer shall have the right, at its sole expense and during normal working hours after reasonable prior Notice, to hire an independent third party reasonably acceptable to Seller to audit any documents, records or data of Seller associated with the Product. (d) To the extent that the The Project is subject to the terms of the Availability Standards, Non-Availability Charges, and Availability Incentive Payments of the CAISO Tariff. Furthermore, the Parties agree that any Availability Incentive Payments are for the benefit of Seller and for Seller’s account and that any Non-Availability Charges are the responsibility of Seller and for Seller’s account.

Allocation of CAISO Payments and Costs. (a) Except as provided in this Article Seven, Seller shall retain any revenues it may receive from and pay all costs charged by, the CAISO or any other third party with respect to the Product or Project. (b) Buyer shall be entitled to receive and retain all revenues associated with the Product at the Contract Quantities during the Delivery Term (“Buyer Revenues”), including any capacity or availability revenues from CPM, including through a competitive solicitation process, and Residual Unit Commitment (RUC) Availability Incentive Payments. Buyer Revenues from the CPM shall be pro-rated by the following calculation: the ratio of (i) the amount of RA Attributes listed in the Contract Quantities to (ii) the Project NQC. Seller shall be entitled to receive and retain all revenues for CPM in excess of the Buyer Revenues. (c) All such Buyer Revenues received by Seller SC, or any Unit’s owner or operator shall be remitted to Buyer, and Seller shall be responsible for paying for such revenues to Buyer if a SC or Unit’s owner or operator fails to remit those revenues to Buyer. In order to verify the accuracy of Buyer Revenues submitted by Seller or its SC, Buyer shall have the right, at its sole expense and during normal working hours after reasonable prior Notice, to hire an independent third party reasonably acceptable to Seller to audit any documents, records or data of Seller associated with the Product. (d) To the extent that the The Project is subject to the terms of the Availability Standards, Non-Availability Charges, and Availability Incentive Payments of the CAISO Tariff. Furthermore, the Parties agree that any Availability Incentive Payments are for the benefit of Seller and for Seller’s account and that any Non-Availability Charges are the responsibility of Seller and for Seller’s account.

Allocation of CAISO Payments and Costs. (a) Except as provided in this Article Seven, Seller shall retain any revenues it may receive from and pay all costs charged by, the CAISO or any other third party with respect to the Product or Project. (b) Buyer shall be entitled to receive and retain all revenues associated with the Product during the Delivery Term (“Buyer Revenues”), including any capacity or availability revenues from CPM, including through a competitive solicitation process, and Residual Unit Commitment (RUC) Availability Payments. Seller shall be entitled to receive and retain all revenues for CPM in excess of the that do not constitute Buyer Revenues. (c) All such Buyer Revenues received by Seller SC, or any Unit’s owner or operator shall be remitted to Buyer, and Seller shall be responsible for paying for such revenues to Buyer if a SC or Unit’s owner or operator fails to remit those revenues to Buyer. In order to verify the accuracy of Buyer Revenues submitted by Seller or its SC, Buyer shall have the right, at its sole expense and during normal working hours after reasonable prior Notice, to hire an independent third party reasonably acceptable to Seller to audit any documents, records or data of Seller associated with the Product. (d) To the extent that the Project is subject to the terms of the Availability Standards, Non-Availability Charges, and Availability Incentive Payments of the CAISO Tariff, the Parties agree that any Availability Incentive Payments are for the benefit of Seller and for Seller’s account and that any Non-Availability Charges are the responsibility of Seller and for Seller’s account, including, without limitation, any charges resulting from Seller’s failure to deliver any Capacity Attributes.

Allocation of CAISO Payments and Costs. (a) Except as provided in this Article Seven, Seller shall retain any revenues it may receive from and pay all costs charged by, the CAISO or any other third party with respect to the Product or Project. (b) Buyer shall be entitled to receive and retain all revenues associated with the Product during the Delivery Term (“Buyer Revenues”), including any capacity or availability revenues from CPM, including through a competitive solicitation process, and Residual Unit Commitment (RUC) Availability Payments. Seller shall be entitled to receive and retain all revenues for CPM in excess of the Buyer Revenues. (c) All such Buyer Revenues received by Seller SC, or any Unit’s owner or operator shall be remitted to Buyer, and Seller shall be responsible for paying for such revenues to Buyer if a SC or Unit’s owner or operator fails to remit those revenues to Buyer. In order to verify the accuracy of Buyer Revenues submitted by Seller or its SC, Buyer shall have the right, at its sole expense and during normal working hours after reasonable prior Notice, to hire an independent third party reasonably acceptable to Seller to audit any documents, records or data of Seller associated with the Product. (d) To the extent that the Project is subject to the terms of the Availability Standards, Non-Availability Charges, and Availability Incentive Payments of the CAISO Tariff, the Parties agree that any Availability Incentive Payments are for the benefit of Seller and for Seller’s account and that any Non-Availability Charges are the responsibility of Seller and for Seller’s account, including, without limitation, any charges resulting from Seller’s failure to deliver any Capacity Attributes.