Common use of Buyer’s Re-Sale of Product Clause in Contracts

Buyer’s Re-Sale of Product. Buyer may re-sell all or a portion of the Product and any associated rights, in each case, acquired under this Confirmation. Subject to Article 6 below, in the event Buyer re-sells all or a portion of the Product and any associated rights acquired under this Confirmation (“Resold Product”) Seller agrees, and agrees to cause the Unit’s SC, to follow Xxxxx’s instructions with respect to providing such Resold Product to subsequent purchasers of such Resold Product. Subject to Article 6 below, Xxxxxx further agrees, and agrees to cause the Unit’s SC, to take all commercially reasonable actions and execute any and all documents or instruments reasonably necessary to allow such subsequent purchasers to use such Resold Product. Seller acknowledges and agrees that with respect to any Resold Product, if Buyer incurs any liability to any purchaser of such Resold Product due to the failure of Seller or the Unit’s SC to comply with the terms of this Confirmation, and Seller would have had liability to Buyer under this Confirmation for such failure had Buyer not sold the Resold Product to a subsequent purchaser, then Seller shall be liable to Buyer under this Confirmation, including without limitation, pursuant to Sections 2.4 and 2.5, for the amounts it would have been liable to Buyer for had such Resold Product not been sold to a subsequent purchaser. In the event there is any Resold Product, Xxxxx agrees to notify Seller that such a sale has occurred and agrees to provide Seller with the information described in Appendix D promptly following such sale. Xxxxx also agrees to promptly notify Seller of any subsequent changes to the information in Appendix D with respect to any particular sale. CAISO Offer Requirements Seller shall, or cause each Unit’s SC to, schedule with, or make available to, the CAISO the Expected Contract Quantity for each Unit in compliance with the CAISO Tariff, and shall, or shall cause each Unit’s SC, owner, or operator, as applicable, to perform all obligations under the CAISO Tariff that are associated with the sale and delivery of Product hereunder. Buyer shall have no liability for the failure of Seller or the failure of any Unit’s SC, owner, or operator to comply with such CAISO Tariff provisions, including any penalties, charges or fines imposed on Seller or such Unit’s SC, owner, or operator for such noncompliance.

Buyer’s Re-Sale of Product. Buyer may re-sell all or a portion of the Product and any associated rights, in each case, acquired under this Confirmation. Subject to Article 6 below, in the event If Buyer re-sells all or a portion of the Product and any associated rights acquired under this Confirmation (“Resold Product”) ), Seller agrees, and agrees to cause the Unit’s SCScheduling Coordinator, to follow Xxxxx’s instructions with respect to providing such Resold Product to subsequent purchasers of such Resold ProductProduct to the extent such instructions are consistent with Seller’s obligations under this Confirmation. Subject to Article 6 below, Xxxxxx Seller further agrees, and agrees to cause the Unit’s SCScheduling Coordinator, to take all commercially reasonable actions and execute any and all documents or instruments reasonably necessary to allow such subsequent purchasers to use such Resold ProductProduct in a manner consistent with Buyer’s rights under this Confirmation. Seller acknowledges and agrees that with respect to any Resold Product, if If Buyer incurs any liability to any purchaser of such Resold Product due to the failure of Seller or the Unit’s SC Scheduling Coordinator to comply with the terms of this Confirmation, and Seller would have had liability to Buyer under this Confirmation for such failure had Buyer not sold the Resold Product to a subsequent purchaser, then Seller shall be liable to Buyer for any liabilities Seller would have incurred under this ConfirmationConfirmation if Buyer had not resold the Product, including without limitation, pursuant to Sections 2.4 4.7 and 2.5, for the amounts it would have been liable to Buyer for had such Resold Product not been sold to a subsequent purchaser4.8. In the event there is any Resold Product, Xxxxx agrees to notify Seller that such a sale has occurred and agrees to provide Seller with the information described in Appendix D specified below promptly following such sale. Xxxxx also agrees to sale (and any other information reasonably requested by Seller so that Seller may perform its obligations in this Article Error: Reference source not found) and promptly notify Seller of any subsequent changes to the such information in Appendix D with respect to any particular sale. CAISO Offer Requirements Seller shall: Benefitting load serving entity SC identification number (SCID), or cause each Unit’s SC toVolume (in MW) of Resold Product, schedule with, or make available to, the CAISO the Expected Contract Quantity Subsequent sale delivery period for each Unit in compliance with the CAISO Tariff, and shall, or shall cause each Unit’s SC, owner, or operator, as applicable, to perform all obligations under the CAISO Tariff that are associated with the sale and delivery of Product hereunder. Buyer shall have no liability for the failure of Seller or the failure of any Unit’s SC, owner, or operator to comply with such CAISO Tariff provisions, including any penalties, charges or fines imposed on Seller or such Unit’s SC, owner, or operator for such noncomplianceResold Product.

Buyer’s Re-Sale of Product. Buyer may re-sell all or a portion of the Product and any associated rights, in each case, acquired under this Confirmation. Subject to Article 6 below, in the event Buyer re-sells all or a portion of the Product and any associated rights acquired purchased under this Confirmation (“Resold Product”) ); provided that such re-sell right does not include the ability to offer any portion of Product into the CSP. If Buyer re-sells Resold Product, Seller agrees, and agrees to cause the Unit’s SC, to follow XxxxxBuyer’s instructions with respect to providing such Resold Product to subsequent purchasers of such Resold ProductProduct to the extent such instructions are consistent with Seller’s obligations under this Confirmation. Subject to Article 6 below, Xxxxxx Seller further agrees, and agrees to cause the Unit’s SC, to take all commercially reasonable actions and execute any and all documents or instruments reasonably necessary to allow such subsequent purchasers to use such Resold ProductProduct in a manner consistent with Buyer’s rights under this Confirmation. Seller acknowledges and agrees that with respect to any Resold Product, if If Buyer incurs any liability to any purchaser of such Resold Product due to the failure of Seller or the Unit’s SC to comply with the terms of this Confirmation, and Seller would have had liability to Buyer under this Confirmation for such failure had Buyer not sold the Resold Product to a subsequent purchaser, then Seller shall be liable to Buyer for any liabilities Seller would have incurred under this ConfirmationConfirmation if Buyer had not resold the Product, including without limitation, pursuant to Sections 2.4 2.6 and 2.5, for 2.7. If Buyer exercises its right to re-sell the amounts it would have been liable to Buyer for had such Resold Product not been sold to a subsequent purchaser. In the event there is any Resold Product, Xxxxx agrees to Buyer shall notify Seller in writing that such a sale has occurred and agrees to provide Seller with the information described in Appendix D promptly following such saleno later than two (2) Business Days before the deadline for the Compliance Showings applicable to the relevant Showing Month. Xxxxx also agrees to promptly Buyer shall notify Seller of any subsequent changes or further resale of the Resold Product, by providing Seller with written updates to the information in Appendix D with respect to any particular sale. CAISO Offer Requirements Seller shall, or cause each Unit’s SC to, schedule with, or make available to, the CAISO the Expected Contract Quantity for each Unit in compliance accordance with the CAISO Tariff, and shall, or shall cause each Unit’s SC, owner, or operator, as applicable, to perform all obligations under the CAISO Tariff that are associated with the sale and delivery of Product hereunder. Buyer shall have no liability for the failure of Seller or the failure of any Unit’s SC, owner, or operator to comply with such CAISO Tariff provisions, including any penalties, charges or fines imposed on Seller or such Unit’s SC, owner, or operator for such noncompliancedeadlines described in this Section 2.8(b).

Buyer’s Re-Sale of Product. Buyer may re-sell all or a portion of the Product and any associated rights, in each case, acquired under this ConfirmationAgreement. Subject to Article 6 below, in the event If Buyer re-sells all or a portion of the Product and any associated rights acquired under this Confirmation Agreement (“Resold Product”) ), Seller agrees, and agrees to cause the UnitPortfolio’s SCScheduling Coordinator, to follow XxxxxBuyer’s instructions with respect to providing such Resold Product to subsequent purchasers of such Resold ProductProduct to the extent such instructions are consistent with Seller’s obligations under this Agreement. Subject to Article 6 below, Xxxxxx Seller further agrees, and agrees to cause the UnitPortfolio’s SCScheduling Coordinator, to take all commercially reasonable actions and execute any and all documents or instruments reasonably necessary to allow such subsequent purchasers to use such Resold ProductProduct in a manner consistent with Buyer’s rights under this Agreement, and Buyer shall be responsible for Seller’s reasonable costs associated therewith, including reasonable attorneys’ fees, all of which Seller shall issue to Buyer for reimbursement in accordance with Section 6.1. Seller acknowledges and agrees that with respect to any Resold Product, if If Buyer incurs any liability to any purchaser of such Resold Product due to the failure of Seller or the UnitPortfolio’s SC Scheduling Coordinator to comply with the terms of this Confirmation, and Seller would have had liability to Buyer under this Confirmation for such failure had Buyer not sold the Resold Product to a subsequent purchaserAgreement, then Seller shall be liable to Buyer for any liabilities Seller would have incurred under this ConfirmationAgreement if Buyer had not resold the Product, including without limitation, pursuant to Sections 2.4 3.8 and 2.5, for the amounts it would have been liable to Buyer for had such Resold Product not been sold to a subsequent purchaser3.9. In the event there is any Resold Product, Xxxxx Buyer agrees to notify Seller that such a sale has occurred and agrees to provide Seller with the information described in Appendix D specified below promptly following such sale. Xxxxx also agrees to sale (and any other information reasonably requested by Seller so that Seller may perform its obligations in this Article 12) and promptly notify Seller of any subsequent changes to the such information in Appendix D with respect to any particular sale. CAISO Offer Requirements Seller shall, or cause each Unit’s SC to, schedule with, or make available to, the CAISO the Expected Contract Quantity for each Unit in compliance with the CAISO Tariff, and shall, or shall cause each Unit’s SC, owner, or operator, as applicable, to perform all obligations under the CAISO Tariff that are associated with the sale and delivery of Product hereunder. Buyer shall have no liability for the failure of Seller or the failure of any Unit’s SC, owner, or operator to comply with such CAISO Tariff provisions, including any penalties, charges or fines imposed on Seller or such Unit’s SC, owner, or operator for such noncompliance.: