Bilateral Transactions. Bilateral transactions as to which the parties have notified the Office of the Interconnection by 12:00 p.m. of the day before the Operating Day that they are not willing to incur Transmission Congestion Charges shall be curtailed by the Office of the Interconnection as necessary to reduce or alleviate transmission congestion. Bilateral transactions willing to incur congestion charges shall continue to be implemented during periods of congestion, except as may be necessary to respond to Emergencies.
Bilateral Transactions. (a) Subject to the terms hereof, Project Company hereby grants Kinergy the exclusive right to market, purchase and sell all of Project Company’s Ethanol, provided, that during the continuance of any default by Kinergy that would allow Project Company to terminate this Agreement pursuant to Section 4.3 or during the 30-day cure period provided in Section 4.3(c) (notwithstanding such cure period), if Kinergy is not performing its obligations with respect to marketing Project Company’s Ethanol or during the continuance of any Force Majeure Event (including the effects thereof) that renders Kinergy unable to perform its obligations under this Agreement, then Project Company shall have the right to engage any other Person to market, purchase and sell Project Company’s Ethanol and Kinergy shall not be entitled to any compensation (including Incentive Fees) with respect to any replacement services provided by such Person. Kinergy shall use its reasonable commercial efforts to solicit, negotiate and enter into, and Kinergy shall perform, Bilateral Transactions with Third Parties. Kinergy shall have absolute discretion in the solicitation, negotiation, administration (including the collection of payments), enforcement and execution of Bilateral Transactions and all sales of Ethanol produced by the Facility shall be effectuated by Bilateral Transactions. Kinergy shall not enter into any transaction in respect of Project Company’s Ethanol that is not a Bilateral Transaction or with a counterparty that does not satisfy the Minimum Rating Criteria, in each case without the consent of Project Company, which consent may be withheld by Project Company in its discretion. Project Company hereby grants Kinergy the power and authority necessary to perform its obligations and exercise its rights hereunder.
(b) As further described in Sections 2.3, 2.4 and 2.6 below and except as otherwise provided herein, Project Company shall provide Ethanol to Kinergy free and clear of all liens and encumbrances.
(c) Kinergy shall perform its obligations hereunder and under Bilateral Transactions in accordance with this Agreement, applicable Laws and Good Industry Practice and shall use commercially reasonable efforts to maximize the proceeds generated from the sale of Ethanol.
(d) Kinergy shall at all times maintain available lines of credit of not less than $5,000,000.
Bilateral Transactions. 26a 1.10.8 Office of the Interconnection Responsibilities........................ 27 1.10.9 Hourly Scheduling..................................................... 27 1.11 Dispatch.......................................................................... 28 1.11.1 Resource Output....................................................... 28 1.11.2 Operating Basis....................................................... 28 1.11.3 Pool-dispatched Resources............................................. 29 1.11.3a Maximum Generation Emergency.......................................... 29 1.11.4 Regulation............................................................ 29 1.11.5 PJM Open Access Same-time Information System.......................... 29 2.
Bilateral Transactions. 26 1.10.8 Office of the Interconnection Responsibilities.27 1.10.9
Bilateral Transactions. Bilateral transactions as to which the parties have notified the Office of the Interconnection by the deadline specified in Section 1.10.1A that they elect not to be included in the Day-ahead Energy Market and that they are not willing to incur Transmission Congestion Charges in the Real-time Energy Market shall be curtailed by the Office of the Interconnection as necessary to reduce or alleviate transmission congestion. Bilateral transactions that were not included in the Day-ahead Energy Market and that are willing to incur congestion charges and bilateral transactions that were accepted in the Day-ahead Energy Market shall continue to be implemented during periods of congestion, except as may be necessary to respond to Emergencies.
Bilateral Transactions. (a) Kinergy shall use its reasonable commercial efforts to solicit, negotiate and enter into, and Kinergy shall perform, Bilateral Transactions with Third Parties, and such Bilateral Transactions shall be served by the Facility. Other than as set forth in Sections 2.3(d) and 2.6 below, Kinergy shall have absolute discretion in the solicitation, negotiation, administration (including the collection of payments) and execution of Bilateral Transactions. Project Company shall operate the Facility as required to allow Kinergy to perform such Bilateral Transactions.
(b) In the event of a breach or default by a Third Party under any Bilateral Transaction, Kinergy shall (i) promptly notify the Project Company of any such breach and default and provide the Project Company from time to time with reasonably detailed information in respect of the same (including copies of all written communications in respect thereof) and (ii) at the Project Company’s sole cost and expense and at the direction of the Project Company, use reasonable commercial efforts to exercise all rights and remedies available to it (including the commencement of litigation) with respect to such breach or default.
(c) Kinergy shall perform its obligations hereunder and under Bilateral Transactions in accordance with this Amended Agreement, applicable Laws, applicable Permits and Good Industry Practice and with the intent to maximize the proceeds generated from Bilateral Transactions.
(d) Notwithstanding anything to the contrary herein, Kinergy shall (i) not enter into any Bilateral Transaction with any Third Party that is the subject of an Act of Insolvency, (ii) not enter into any Bilateral Transaction that permits the applicable Third Party to pay for the Ethanol purchased under such Bilateral Transaction on a date which is more than 30 days after the Monthly Date in which such Ethanol is delivered to such Third Party, (iii) not enter into any Material Bilateral Transaction without the prior consent of the Project Company, (iv) not enter into any Bilateral Transactions which provide for the provision of Ethanol in excess of the amount of Ethanol available from the Facility (after giving effect to the Project Company’s or Kinergy’s existing contractual obligations and the scheduling provisions set forth in Section 2.6(b) below), (v) not enter into any Bilateral Transaction which does not excuse Kinergy from performing its obligations thereunder as a result of a Force Majeure Event (vi) not enter in...
Bilateral Transactions. Transmission Customers requesting Bilateral Transaction schedules shall identify hourly Transaction quantities (in MW) by Point of Injection and Point of Withdrawal, minimum run times associated with Firm Point-to-Point Transmission Service, if any, and shall provide other information (as described in ISO Procedures). Like other Generators, an Energy Storage Resource’s bus can be the Point of Injection for a Bilateral Transaction, but it cannot be the Point of Withdrawal for a Bilateral Transaction.
Bilateral Transactions. [***] [***] Confidential information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a confidential treatment request.
Bilateral Transactions. 5 2.2 Storage......................................................6 2.3 Obligations of the Project Company...........................6 2.4
Bilateral Transactions
