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.
Bilateral Transactions. 26 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. 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. (a) Subject to the terms hereof, the Project Company hereby grants Kinergy the exclusive right to market and sell all of the Project Company's Ethanol (which, as of the date hereof, is estimated to be approximately 40 million gallons-per-year). 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 2.1(e) and 2.7 below, Kinergy shall have absolute discretion in the solicitation, negotiation, administration (including the collection of payments) and execution of Bilateral Transactions and all sales of Ethanol produced by the Facility shall be effectuated by Bilateral Transactions. The Project Company hereby grants Kinergy the power and authority necessary to perform its obligations and exercise its rights hereunder.
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.
