ARR/FTR. Notwithstanding anything to the contrary herein, and without limiting Section 4.2, Seller hereby acknowledges and agrees that all ARR allocations and, if applicable, FTR allocations by any Balancing Authorit(y)(ies) applicable to the Delivery Portion that are associated with, and/or with interconnection and/or transmission service or usage with respect to, the Products (including those associated with NRIS obtained by Seller) and all FTRs and other entitlements derived therefrom or otherwise related thereto, shall exclusively and solely accrue to and be owned by Buyer, including after termination of this Agreement. Seller shall, at its own expense, (i) cause to be issued to Buyer all ARR allocations and, if applicable, FTR allocations associated with (and/or with interconnection and/or transmission service or usage with respect to) the Products (including those associated with NRIS obtained by Seller) and all FTRs and other entitlements derived therefrom or otherwise related thereto and (ii) to the extent not issued directly to Buyer, obtain and transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by Xxxxx) the same. Without limiting the foregoing, Seller shall fully support, and not take any action or position to oppose, such allocations and entitlements and shall timely execute and file all documents and take all other actions necessary or advisable to comply with the immediately preceding sentence.
Appears in 8 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
ARR/FTR. Notwithstanding anything to the contrary herein, and without limiting Section 4.2, Seller hereby acknowledges and agrees that all ARR allocations and, if applicable, FTR allocations by any Balancing Authorit(y)(ies) applicable to the Delivery Portion that are associated with, and/or with interconnection and/or transmission service or usage with respect to, the Products (including those associated with NRIS obtained by Seller) and all FTRs and other entitlements derived therefrom or otherwise related thereto, shall exclusively and solely accrue to and be owned by Buyer, including after termination of this Agreement. Seller shall, at its own expense, (i) cause to be issued to Buyer all ARR allocations and, if applicable, FTR allocations associated with (and/or with interconnection and/or transmission service or usage with respect to) the Products (including those associated with NRIS obtained by Seller) and all FTRs and other entitlements derived therefrom or otherwise related thereto and (ii) to the extent not issued directly to Buyer, obtain and transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by XxxxxBuyer) the same. Without limiting the foregoing, Seller shall fully support, and not take any action or position to oppose, such allocations and entitlements and shall timely execute and file all documents and take all other actions necessary or advisable to comply with the immediately preceding sentence.
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
ARR/FTR. Notwithstanding anything to the contrary herein, and without limiting Section 4.2, Seller hereby acknowledges and agrees that all ARR allocations and, if applicable, FTR allocations by any Balancing Authorit(y)(ies) applicable to the Delivery Portion that are associated with, and/or with [interconnection and/or and/or]60 transmission service or usage with respect to, the Products (including those associated with [External]61 NRIS obtained by Seller) Seller)]62 and all FTRs and other entitlements derived therefrom or otherwise related thereto, shall exclusively and solely accrue to and be owned by Buyer, including after termination of this Agreement. Seller shall, at its own expense, (i) cause to be issued to Buyer all ARR allocations and, if applicable, FTR allocations associated with (and/or with [interconnection and/or and/or]63 transmission service or usage with respect to) the Products [(including those associated with [External]64 NRIS obtained by Seller) ]65 and all FTRs and other entitlements derived therefrom or otherwise related thereto and (ii) to the extent not issued directly to Buyer, obtain and transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by Xxxxx) the same. Without limiting the foregoing, Seller shall fully support, and not take any action or position to oppose, such allocations and entitlements and shall timely execute and file all documents and take all other actions necessary or advisable to comply with the immediately preceding sentence.
Appears in 2 contracts
ARR/FTR. Notwithstanding anything to the contrary herein, herein and without limiting Section 4.2, Seller hereby acknowledges and agrees that all ARR allocations and, if applicable, FTR allocations by any Balancing Authorit(y)(ies) applicable to the Delivery Portion that are associated with, and/or with interconnection and/or transmission service or usage with respect to, the Products (including those associated with NRIS obtained by Seller) and all FTRs and other entitlements derived therefrom or otherwise related thereto, shall exclusively and solely accrue to and be owned by Buyer, including after termination of this Agreement. Seller shall, at its own expense, (i) cause to be issued to Buyer all ARR allocations and, if applicable, FTR allocations associated with (and/or with interconnection and/or transmission service or usage with respect to) the Products (including those associated with NRIS obtained by Seller) and all FTRs and other entitlements derived therefrom or otherwise related thereto and (ii) to the extent not issued directly to Buyer, obtain and transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by Xxxxx) the same. Without limiting the foregoing, Seller shall fully support, and not take any action or position to oppose, such allocations and entitlements and shall timely execute and file all documents and take all other actions necessary or advisable to comply with the immediately preceding sentence.
Appears in 2 contracts
ARR/FTR. Notwithstanding anything to the contrary herein, herein and without limiting Section 4.2, Seller hereby acknowledges and agrees that all ARR allocations and, if applicable, FTR allocations by any Balancing Authorit(y)(ies) applicable to the Delivery Portion that are associated with, and/or with interconnection and/or transmission service or usage with respect to, the Products (including those associated with NRIS obtained by Seller) and all FTRs and other entitlements derived therefrom or otherwise related thereto, shall exclusively and solely accrue to and be owned by Buyer, including after termination of this Agreement. Seller shall, at its own expense, (i) cause to be issued to Buyer all ARR allocations and, if applicable, FTR allocations associated with (and/or with interconnection and/or transmission service or usage with respect to) the Products (including those associated with NRIS obtained by Seller) and all FTRs and other entitlements derived therefrom or otherwise related thereto and (ii) to the extent not issued directly to Buyer, obtain and transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by XxxxxBuyer) the same. Without limiting the foregoing, Seller shall fully support, and not take any action or position to oppose, such allocations and entitlements and shall timely execute and file all documents and take all other actions necessary or advisable to comply with the immediately preceding sentence.
Appears in 2 contracts
ARR/FTR. Notwithstanding anything to the contrary herein, and without limiting Section 4.2, Seller hereby acknowledges and agrees that all ARR allocations and, if applicable, FTR allocations by any Balancing Authorit(y)(ies) applicable to the Delivery Portion that are associated with, and/or with [interconnection and/or and/or]151 transmission service or usage with respect to, the Products [(including those associated with [External]152 NRIS obtained by Seller) Seller)]153 and all FTRs and other entitlements derived therefrom or otherwise related thereto, shall exclusively and solely accrue to and be owned by Buyer, including after termination of this Agreement. Seller shall, at its own expense, (i) cause to be issued to Buyer all ARR allocations and, if applicable, FTR allocations associated with (and/or with [interconnection and/or and/or]154 transmission service or usage with respect to) the Products [(including those associated with [External]155 NRIS obtained by Seller) Seller)]156 and all FTRs and other entitlements derived therefrom or otherwise related thereto and (ii) to the extent not issued directly to Buyer, obtain and transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by XxxxxBuyer) the same. Without limiting the foregoing, Seller shall fully support, and not take any action or position to oppose, such allocations and entitlements and shall timely execute and file all documents and take all other actions necessary or advisable to comply with the immediately preceding sentence.
Appears in 1 contract
Samples: Power Purchase Agreement
ARR/FTR. Notwithstanding anything to the contrary herein, and without limiting Section 4.2, Seller hereby acknowledges and agrees that all All ARR allocations and, if applicable, FTR allocations by any Balancing Authorit(y)(ies) applicable to the Delivery Portion that are associated with, and/or with interconnection and/or transmission service or usage with respect to, the Products (including those associated with NRIS obtained by Seller) and all FTRs and other entitlements derived therefrom or otherwise related thereto, shall exclusively and solely accrue to and be owned by Buyer, provided, however, that in no event shall Buyer be obligated at any time during the Contract Term to seek any such entitlements (including after termination of this AgreementARRs and, if applicable, FTRs) derived from or otherwise related to the Generating Facility. Seller shall, at its own expense, (i) cause to be issued to Buyer all ARR allocations and, if applicable, FTR allocations associated with (and/or with interconnection and/or transmission service or usage with respect to) the Products (including those associated with NRIS obtained by Seller) and all FTRs and other entitlements derived therefrom or otherwise related thereto and (ii) to the extent not issued directly to Buyer, obtain and transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by Xxxxx) the same. Without limiting the foregoing, Seller shall fully support, and not take any action or position to oppose, such allocations and entitlements and shall timely execute and file all documents and take all other actions necessary or advisable to comply with the immediately preceding sentence.
Appears in 1 contract
Samples: Power Purchase Agreement
ARR/FTR. Notwithstanding anything to the contrary herein, and without limiting Section 4.2, Seller hereby acknowledges and agrees that all ARR allocations and, if applicable, FTR allocations by any Balancing Authorit(y)(ies) applicable to the Delivery Portion that are associated with, and/or with [interconnection and/or and/or]150 transmission service or usage with respect to, the Products [(including those associated with [External]151 NRIS obtained by Seller) Seller)]152 and all FTRs and other entitlements derived therefrom or otherwise related thereto, shall exclusively and solely accrue to and be owned by Buyer, including after termination of this Agreement. Seller shall, at its own expense, (i) cause to be issued to Buyer all ARR allocations and, if applicable, FTR allocations associated with (and/or with [interconnection and/or and/or]153 transmission service or usage with respect to) the Products [(including those associated with [External]154 NRIS obtained by Seller) Seller)]155 and all FTRs and other entitlements derived therefrom or otherwise related thereto and (ii) to the extent not issued directly to Buyer, obtain and transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by Xxxxx) the same. Without limiting the foregoing, Seller shall fully support, and not take any action or position to oppose, such allocations and entitlements and shall timely execute and file all documents and take all other actions necessary or advisable to comply with the immediately preceding sentence.
Appears in 1 contract
Samples: Power Purchase Agreement
ARR/FTR. Notwithstanding anything to the contrary herein, and without limiting Section 4.2, Seller hereby acknowledges and agrees that all ARR allocations and, if applicable, FTR allocations by any Balancing Authorit(y)(ies) applicable to the Delivery Portion that are associated with, and/or with [interconnection and/or and/or]62 transmission service or usage with respect to, the Products (including those associated with [External]63 NRIS obtained by Seller) Seller)]64 and all FTRs and other entitlements derived therefrom or otherwise related thereto, shall exclusively and solely accrue to and be owned by Buyer, including after termination of this Agreement. Seller shall, at its own expense, (i) cause to be issued to Buyer all ARR allocations and, if applicable, FTR allocations associated with (and/or with [interconnection and/or and/or]65 transmission service or usage with respect to) the Products [(including those associated with [External]66 NRIS obtained by Seller) ]67 and all FTRs and other entitlements derived therefrom or otherwise related thereto and (ii) to the extent not issued directly to Buyer, obtain and transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by Xxxxx) the same. Without limiting the foregoing, Seller shall fully support, and not take any action or position to oppose, such allocations and entitlements and shall timely execute and file all documents and take all other actions necessary or advisable to comply with the immediately preceding sentence.
Appears in 1 contract
Samples: Power Purchase Agreement