AVAILABILITY ADJUSTMENT FOR MONTHLY CAPACITY PAYMENT. In the event that an enactment, adoption, or promulgation of a law, rule or regulation by a Governmental Authority results in the availability of any present or future Renewable Attributes and/or derivative products in respect of the Project or energy storage projects, generally, then in consideration of the Monthly Capacity Payment, Seller shall transfer all of Seller’s rights, title and interests in such Renewable Attributes and/or derivative products to Buyer.
AVAILABILITY ADJUSTMENT FOR MONTHLY CAPACITY PAYMENT. Monthly Capacity Payments will be adjusted by multiplying the Monthly Capacity Payment otherwise due under Section 5.7 and Appendix 4 by the “Monthly Capacity Adjustment Factor” or “MCAF,” calculated as follows: MCAF = Lesser of 1.0 or MCA for such Month Where:
AVAILABILITY ADJUSTMENT FOR MONTHLY CAPACITY PAYMENT. In the event that an enactment, adoption, or promulgation of a law, rule or regulation by a Governmental Authority results in the availability of any present or future Renewable Attributes and/or derivative products in respect of the Project or energy storage projects, generally, then in consideration of the Monthly Capacity Payment, Seller shall transfer all of Seller’s rights, title and interests in such Renewable Attributes and/or derivative products to Buyer. Monthly Energy Payment Buyer shall pay Seller for Delivered Energy calculated in accordance with APPENDIX 5: ENERGY PAYMENT and pursuant to the terms of Article 6. Buyer shall receive and purchase all Ancillary Services listed in APPENDIX 5: ENERGY PAYMENT for no additional charge.
