Common use of CAISO Costs and Revenues Clause in Contracts

CAISO Costs and Revenues. Seller shall be responsible for CAISO costs (including penalties and other charges) and shall be entitled to all CAISO revenues (including credits and other payments) as the Scheduling Coordinator for the Project, in each case, associated with Imbalance Energy, including all CAISO charges or penalties incurred as a consequence of the Project not being available, the Seller not notifying the CAISO and Buyer of outages in a timely manner (in accordance with the CAISO Tariff and as set forth in Section 3.7), any other failure by Seller to abide by the CAISO Tariff, and any other deviations between Delivered Energy and Scheduled Energy that are attributable to Seller, the Project, or any event, circumstance, act, or incident occurring prior to or at the Delivery Point, including without limitation uninstructed deviation penalties. The Parties agree that any Availability Incentive Payments are for the benefit of the Seller and for Seller’s account and that any Non-Availability Charges or other CAISO charges associated with the Project not providing sufficient Resource Adequacy capacity are the responsibility of the Seller and for Seller’s account. In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, outage reporting, or generator operation, the cost of the sanctions or penalties shall be the Seller’s responsibility. Buyer shall be entitled to all credits, payments, or revenues from the CAISO in respect of the Contract Energy from the Project, including revenues associated with CAISO dispatches, inter-SC trade credits, and bid cost recovery.] [When SDG&E is SC for the Project and for Projects located outside of the CAISO, include the following seven paragraphs:

CAISO Costs and Revenues. Seller Except as otherwise set forth below, Buyer (as Scheduling Coordinator for the Facility) shall be responsible for CAISO costs (including penalties penalties, Imbalance Energy costs or revenues, and other charges) and shall be entitled to all CAISO revenues (including credits credits, Imbalance Energy revenues or costs, and other payments) as the Scheduling Coordinator for the Project), in each case, including revenues associated with Imbalance EnergyCAISO dispatches, including bid cost recovery, Inter-SC Trade credits, or other credits in respect of the Product Scheduled or delivered from the Facility. Seller shall be responsible for all CAISO charges or penalties incurred as a consequence of the Project not being available, the Seller not notifying the CAISO and Buyer of outages in a timely manner (in accordance with the CAISO Tariff and as set forth in Section 3.7), resulting from any other failure by Seller to abide by the CAISO Tariff, and any other deviations between Delivered Energy and Scheduled Energy that are attributable Tariff or the outage notification requirements set forth in this Agreement (except to Seller, the Project, or any event, circumstance, act, or incident occurring prior extent such non-compliance is caused by Buyer’s failure to or at perform its duties as Scheduling Coordinator for the Delivery Point, including without limitation uninstructed deviation penaltiesFacility). The Parties agree that any Availability Incentive Payments (as defined in the CAISO Tariff) are for the benefit of the Seller and for Seller’s account and that any Non-Availability Charges or other (as defined in the CAISO charges associated with the Project not providing sufficient Resource Adequacy capacity Tariff) are the responsibility of the Seller and for Seller’s account. In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, outage reporting, or generator operation, and any such sanctions or penalties are imposed upon the Facility or to Buyer as Scheduling Coordinator due to failure by Seller to abide by the CAISO Tariff or the outage notification requirements set forth in this Agreement, the cost of the sanctions or penalties shall be the Seller’s responsibility. Buyer shall be entitled to all credits, payments, or revenues from the CAISO in respect of the Contract Energy from the Project, including revenues associated with CAISO dispatches, inter-SC trade credits, and bid cost recovery.] [When SDG&E is SC for the Project and for Projects located outside of the CAISO, include the following seven paragraphs:

CAISO Costs and Revenues. Seller shall be responsible for CAISO costs (including penalties and other charges) and shall be entitled to all CAISO revenues (including credits and other payments) as the Scheduling Coordinator for the Project, in each case, associated with Imbalance Energy, including all CAISO charges or penalties incurred as a consequence of the Project not being available, the Seller not notifying the CAISO and Buyer of outages in a timely manner (in accordance with the CAISO Tariff XXXXX Xxxxxx and as set forth in Section 3.7), any other failure by Seller to abide by the CAISO Tariff, and any other deviations between Delivered Energy and Scheduled Energy that are attributable to Seller, the Project, or any event, circumstance, act, or incident occurring prior to or at the Delivery Point, including without limitation uninstructed deviation penalties. The Parties agree that any Availability Incentive Payments are for the benefit of the Seller and for Seller’s account and that any Non-Availability Charges or other CAISO charges associated with the Project not providing sufficient Resource Adequacy capacity are the responsibility of the Seller and for Seller’s account. In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, outage reporting, or generator operation, the cost of the sanctions or penalties shall be the Seller’s responsibility. Buyer shall be entitled to all credits, payments, or revenues from the CAISO in respect of the Contract Energy from the Project, including revenues associated with CAISO dispatches, inter-SC trade credits, and bid cost recovery.] [When SDG&E is SC for the Project and for Projects located outside of the CAISO, include the following seven paragraphs:

CAISO Costs and Revenues. Seller Except as otherwise set forth below, Buyer (as Scheduling Coordinator for the Facility) shall be responsible for CAISO costs (including penalties penalties, Imbalance Energy costs, and other charges) and shall be entitled to all CAISO revenues (including credits credits, Imbalance Energy revenues, and other payments) as the Scheduling Coordinator for the Project), in each case, including revenues associated with Imbalance EnergyCAISO dispatches, including bid cost recovery, Inter-SC Trade credits, or other credits in respect of the Product Scheduled or delivered from the Facility. Seller shall be responsible for all CAISO charges or penalties incurred as a consequence of the Project not being available, the Seller not notifying the CAISO and Buyer of outages in a timely manner (in accordance with the CAISO Tariff and as set forth in Section 3.7), resulting from any other failure by Seller to abide by the CAISO Tariff, and any other deviations between Delivered Energy and Scheduled Energy that are attributable Tariff or the outage notification requirements set forth in this Agreement (except to Seller, the Project, or any event, circumstance, act, or incident occurring prior extent such non-compliance is caused by Buyer’s failure to or at perform its duties as Scheduling Coordinator for the Delivery Point, including without limitation uninstructed deviation penaltiesFacility). The Parties agree that any Availability Incentive Payments (as defined under the CAISO Tariff) are for the benefit of the Seller and for Seller’s account and that any Non-Availability Charges or other (as defined in the CAISO charges associated with the Project not providing sufficient Resource Adequacy capacity Tariff) are the responsibility of the Seller and for Seller’s account. In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, outage reporting, or generator operation, and any such sanctions or penalties are imposed upon the Facility or to Buyer as Scheduling Coordinator due to failure by Seller to abide by the CAISO Tariff or the outage notification requirements set forth in this Agreement, the cost of the sanctions or penalties shall be the Seller’s responsibility. Buyer shall be entitled to all credits, payments, or revenues from the CAISO in respect of the Contract Energy from the Project, including revenues associated with CAISO dispatches, inter-SC trade credits, and bid cost recovery.] [When SDG&E is SC for the Project and for Projects located outside of the CAISO, include the following seven paragraphs:

CAISO Costs and Revenues. Seller Except as otherwise set forth below, [For all Products other than Dispatchable Product: in Section 3.4(c)(ii),] and elsewhere in this Agreement, Buyer (as Seller’s SC) shall be responsible for CAISO costs (including penalties penalties, [For As-Available Product VER Forecasting Program Participants only: Negative Imbalance Energy costs or revenues,] and other charges) and shall be entitled to all CAISO revenues (including credits credits, [For As-Available Product VER Forecasting Program Participants only: Positive Imbalance Energy revenues or costs,] and other payments) as the Scheduling Coordinator for the Project, in each case, including revenues associated with CAISO dispatches, bid cost recovery, inter-SC trade credits, or other credits in respect of the Product Scheduled or delivered from the Project; provided, however that during periods when the Project is under curtailment for both System Dispatch Down and Economic Dispatch Down during the same CAISO settlement interval, Imbalance Energy, including Energy costs and revenues shall be allocated in accordance with Section 3.4(c)(ii). [For As-Available Product VER Forecasting Program Participants only: Seller shall be responsible for all CAISO charges or penalties incurred as a consequence net of the Project not being availablecredits and payments (including without limitation all Imbalance Energy costs), in each case, resulting from the Seller not notifying the CAISO and Buyer (as Seller’s SC) of outages or other unavailability of Project capacity in a timely manner (in accordance with the CAISO Tariff and as set forth in Section 3.7), ) or any other failure by Seller to abide by the CAISO Tariff, and any other deviations between Delivered Energy and Scheduled Energy that are attributable to Seller, the Project, or any event, circumstance, act, or incident occurring prior to or at the Delivery Point, including without limitation uninstructed deviation penalties. .] The Parties agree that any Availability Incentive Payments are for the benefit of the Seller and for Seller’s account and that any Non-Availability Charges or other CAISO charges associated with the Project not providing sufficient Resource Adequacy capacity are the responsibility of the Seller and for Seller’s account. In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, outage reporting, or generator operation, and any such sanctions or penalties are imposed upon the Project or to Buyer as Scheduling Coordinator due to the actions or inactions of Seller, the cost of the sanctions or penalties shall be the Seller’s responsibility. Buyer shall be entitled to all credits, payments, or revenues from the CAISO in respect of the Contract Energy from the Project, including revenues associated with CAISO dispatches, inter-SC trade credits, and bid cost recovery.] [When SDG&E is SC for the Project and for Projects located outside of the CAISO, include the following seven paragraphs:

CAISO Costs and Revenues. Seller Except as otherwise set forth below, Buyer (as Scheduling Coordinator for the Facility) shall be responsible for CAISO costs (including penalties penalties, Imbalance Energy costs, and other charges) and shall be entitled to all CAISO revenues (including credits credits, Imbalance Energy revenues, and other payments) as the Scheduling Coordinator for the Project), in each case, including revenues associated with Imbalance EnergyCAISO dispatches, including bid cost recovery, Inter-SC Trade credits, or other credits in respect of the Product Scheduled or delivered from the Facility. Seller shall be responsible for all CAISO charges or penalties incurred as a consequence of the Project not being available, the Seller not notifying the CAISO and Buyer of outages in a timely manner (in accordance with the CAISO Tariff and as set forth in Section 3.7), resulting from any other failure by Seller to abide by the CAISO Tariff, and any other deviations between Delivered Energy and Scheduled Energy that are attributable Tariff or the outage notification requirements set forth in this Agreement (except to Seller, the Project, or any event, circumstance, act, or incident occurring prior extent such non-compliance is caused by Xxxxx’s failure to or at perform its duties as Scheduling Coordinator for the Delivery Point, including without limitation uninstructed deviation penaltiesFacility). The Parties agree that any Availability Incentive Payments (as defined under the CAISO Tariff) are for the benefit of the Seller and for Seller’s account and that any Non-Availability Charges or other (as defined in the CAISO charges associated with the Project not providing sufficient Resource Adequacy capacity Tariff) are the responsibility of the Seller and for Seller’s account. In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, outage reporting, or generator operation, and any such sanctions or penalties are imposed upon the Facility or to Buyer as Scheduling Coordinator due to failure by Seller to abide by the CAISO Tariff or the outage notification requirements set forth in this Agreement, the cost of the sanctions or penalties shall be the Seller’s responsibility. Buyer shall be entitled to all credits, payments, or revenues from the CAISO in respect of the Contract Energy from the Project, including revenues associated with CAISO dispatches, inter-SC trade credits, and bid cost recovery.] [When SDG&E is SC for the Project and for Projects located outside of the CAISO, include the following seven paragraphs:

CAISO Costs and Revenues. Seller Beginning on the Commercial Operation Date, Buyer (as Scheduling Coordinator for the Facility) shall be responsible for CAISO costs (including penalties penalties, Imbalance Energy costs or revenues, and other charges) and shall be entitled to all CAISO revenues (including credits credits, Imbalance Energy revenues or costs, and other payments) as the Scheduling Coordinator for the Project), in each case, including revenues associated with Imbalance EnergyCAISO dispatches, including bid cost recovery, Inter-SC Trade credits, or other credits in respect of the Product Scheduled or delivered from the Facility. Seller shall be responsible for all CAISO charges or penalties incurred as a consequence of the Project not being available, the Seller not notifying the CAISO and Buyer of outages in a timely manner (in accordance with the CAISO Tariff and as set forth in Section 3.7), resulting from any other failure by Seller to abide by the CAISO Tariff, and any other deviations between Delivered Energy and Scheduled Energy that are attributable Tariff or the outage notification requirements set forth in this Agreement (except to Seller, the Project, or any event, circumstance, act, or incident occurring prior extent such non-compliance is caused by Buyer’s failure to or at perform its duties as Scheduling Coordinator for the Delivery Point, including without limitation uninstructed deviation penaltiesFacility). The Parties agree that any Availability Incentive Payments (as defined in the CAISO Tariff) are for the benefit of the Seller and for Seller’s account and that any Non-Availability Charges or other (as defined in the CAISO charges associated with the Project not providing sufficient Resource Adequacy capacity Tariff) are the responsibility of the Seller and for Seller’s account. In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, outage reporting, or generator operation, and any such sanctions or penalties are imposed upon the Facility or to Buyer as Scheduling Coordinator due to failure by Seller to abide by the CAISO Tariff or the outage notification requirements set forth in this Agreement, the cost of the sanctions or penalties shall be the Seller’s responsibility. Buyer shall be entitled to all credits, payments, or revenues from the CAISO in respect of the Contract Energy from the Project, including revenues associated with CAISO dispatches, inter-SC trade credits, and bid cost recovery.] [When SDG&E is SC for the Project and for Projects located outside of the CAISO, include the following seven paragraphs:

CAISO Costs and Revenues. Seller shall be responsible for CAISO costs (including penalties and other charges) and shall be entitled to all CAISO revenues (including credits and other payments) as the Scheduling Coordinator for the Project, in each case, associated with Imbalance Energy, including all CAISO charges or penalties incurred as a consequence of the Project not being available, the Seller not notifying the CAISO and Buyer of outages in a timely manner (in accordance with the CAISO Tariff XXXXX Xxxxxx and as set forth in Section 3.7), any other failure by Seller to abide by the CAISO Tariff, and any other deviations between Delivered Energy and Scheduled Energy that are attributable to Seller, the Project, or any event, circumstance, act, or incident occurring prior to or at the Delivery Point, including without limitation uninstructed deviation penalties. The Parties agree that any Availability Incentive Payments are for the benefit of the Seller and for Seller’s account and that any Non-Availability Charges or other CAISO charges associated with the Project not providing sufficient Resource Adequacy capacity are the responsibility of the Seller and for Seller’s account. In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, outage reporting, or generator operation, the cost of the sanctions or penalties shall be the Seller’s responsibility. Buyer shall be entitled to all credits, payments, or revenues from the CAISO in respect of the Contract Energy Product Scheduled or delivered from the Project, including revenues associated with CAISO dispatches, inter-SC trade credits, and bid cost recovery.] [When SDG&E is SC for the Project and for SunRate Projects located outside of the CAISO, include the following seven paragraphs:

CAISO Costs and Revenues. Seller Except as otherwise set forth below and elsewhere in this Agreement, Buyer (as Seller’s SC) shall be responsible for CAISO costs (including penalties penalties, Negative Imbalance Energy costs, and other charges) and shall be entitled to all CAISO revenues (including credits credits, Positive Imbalance Energy revenues, and other payments) as the Scheduling Coordinator for the Project, in each case, including revenues associated with Imbalance EnergyCAISO dispatches, including bid cost recovery, inter-SC trade credits, or other credits in respect of the Product Scheduled or delivered from the Project. Seller shall be responsible for all CAISO charges or penalties incurred as a consequence net of the Project not being availablecredits and payments, in each case, resulting from the Seller not notifying the CAISO and Buyer (as Seller’s SC) of outages or other unavailability of Project capacity in a timely manner (in accordance with the CAISO Tariff and as set forth in Section 3.7), ) or any other failure by Seller to abide by the CAISO Tariff, and any other deviations between Delivered Energy and Scheduled Energy that are attributable Tariff (except as the result of Buyer’s failure to perform its duties as Seller, the Project, or any event, circumstance, act, or incident occurring prior to or at the Delivery Point’s Scheduling Coordinator), including without limitation uninstructed deviation penaltiespenalties resulting therefrom. The Parties agree that any Availability Incentive Payments are for the benefit of the Seller and for Seller’s account and that any Non-Non- Availability Charges or other CAISO charges associated with the Project not providing sufficient Resource Adequacy capacity are the responsibility of the Seller and for Seller’s account. In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, outage reporting, or generator operation, and any such sanctions or penalties are imposed upon the Project or to Buyer as Scheduling Coordinator due to the actions or inactions of Seller, the cost of the sanctions or penalties shall be the Seller’s responsibility. Buyer shall be entitled responsibility to all credits, payments, the extent due to the actions or revenues from the CAISO in respect inactions of the Contract Energy from the Project, including revenues associated with CAISO dispatches, inter-SC trade credits, and bid cost recoverySeller.] [When SDG&E is SC for the Project and for Projects located outside of the CAISO, include the following seven paragraphs:

CAISO Costs and Revenues. Seller shall be responsible for CAISO costs (including penalties and other charges) and shall be entitled to all CAISO revenues (including credits and other payments) as the Scheduling Coordinator for the Project, in each case, associated with Imbalance Energy, including all CAISO charges or penalties incurred as a consequence of the Project not being available, the Seller not notifying the CAISO and Buyer of outages in a timely manner (in accordance with the CAISO Tariff XXXXX Xxxxxx and as set forth in Section 3.7), any other failure by Seller to abide by the CAISO Tariff, and any other deviations between Delivered Energy and Scheduled Energy that are attributable to Seller, the Project, or any event, circumstance, act, or incident occurring prior to or at the Delivery Point, including without limitation uninstructed deviation penalties. The Parties agree that any Availability Incentive Payments are for the benefit of the Seller and for Seller’s account and that any Non-Availability Charges or other CAISO charges associated with the Project not providing sufficient Resource Adequacy capacity are the responsibility of the Seller and for Seller’s account. In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, outage reporting, or generator operation, the cost of the sanctions or penalties shall be the Seller’s responsibility. Buyer shall be entitled to all credits, payments, or revenues from the CAISO in respect of the Contract Energy Product Scheduled or delivered from the Project, including revenues associated with CAISO dispatches, inter-SC trade credits, and bid cost recovery.] [When SDG&E Buyer is SC for the Project and for Projects located outside of the CAISO, include the following seven paragraphs:

CAISO Costs and Revenues. Seller Except as provided below, Buyer shall be responsible for all CAISO costs (including scheduling and forecasting fees, penalties and other charges) and shall be entitled to all CAISO revenues (including Imbalance Energy and other credits and other payments) as the Scheduling Coordinator for the Project, in each case, associated with Imbalance Delivered Energy, including all except to the extent (i) such CAISO charges or penalties costs are incurred as a consequence of the Project Facility not being available, (ii) the Seller not notifying the CAISO and Buyer of outages in a timely manner (in accordance with the CAISO Tariff and as set forth in Section 3.7herein), and (iii) any other failure by Seller to abide by the CAISO Tariff, and any other deviations between Delivered Energy and Scheduled Energy that are attributable to Seller, the Projectthis Agreement, or with any eventCAISO, circumstance, actBuyer Curtailment, or incident occurring prior to or at the Delivery Point, including without limitation uninstructed deviation penaltiesScheduling Coordinator dispatch instructions. The Parties agree that any Availability Incentive Payments under CAISO Tariff Section 40.9 are for the benefit of the Seller and for Seller’s account and that any Non-Availability Charges or other CAISO charges associated with the Project Facility not providing sufficient Resource Adequacy capacity under CAISO Tariff Section 40.9 are the responsibility of the Seller and for Seller’s account. In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, outage reporting, or generator operation, and any such sanctions or penalties are imposed upon the Facility or to Buyer as Scheduling Coordinator due to the actions or inactions of Seller, the cost of the sanctions or penalties shall be the Seller’s responsibility. Buyer shall be entitled to all credits, payments, or revenues from the CAISO in respect of the Contract Energy from the Project, including revenues associated with CAISO dispatches, inter-SC trade credits, and bid cost recovery.] [When SDG&E is SC for the Project and for Projects located outside of the CAISO, include the following seven paragraphs:

CAISO Costs and Revenues. Seller shall be responsible for all CAISO costs (including scheduling and forecasting fees, penalties and other charges) and shall be entitled to all CAISO revenues (including credits and other payments) as the Scheduling Coordinator for the Project, in each case, associated with (i) scheduling and Imbalance Energy, including all CAISO charges or penalties incurred as a consequence of the Project Facility not being available, (ii) the Seller not notifying the CAISO and Buyer of outages in a timely manner (in accordance with the CAISO Tariff and as set forth in Section 3.7herein), (iii) any other failure by Seller to abide by the CAISO Tariff, and (iv) any other deviations between Delivered Energy and Scheduled Energy that are attributable to Seller, the ProjectFacility, or any event, circumstance, act, or incident occurring prior to or at the Delivery Point, including without limitation uninstructed deviation penalties. The Parties agree that any Availability Incentive Payments are for the benefit of the Seller and for Seller’s account and that any Non-Availability Charges or other CAISO charges associated with the Project Facility not providing sufficient Resource Adequacy capacity are the responsibility of the Seller and for Seller’s account. In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, outage reporting, or generator operation, and any such sanctions or penalties are imposed upon the Facility or to Buyer as Scheduling Coordinator due to the actions or inactions of Seller, the cost of the sanctions or penalties shall be the Seller’s responsibility. Buyer shall be entitled to all credits, payments, or revenues from the CAISO in respect of the Contract Energy from the Project, including revenues associated with CAISO dispatches, inter-SC trade credits, and bid cost recovery.] [When SDG&E is SC for the Project and for Projects located outside of the CAISO, include the following seven paragraphs:

CAISO Costs and Revenues. Seller Except as otherwise set forth below and elsewhere in this Agreement, Buyer (as Seller’s SC) shall be responsible for CAISO costs (including penalties penalties, Negative Imbalance Energy costs, and other charges) and shall be entitled to all CAISO revenues (including credits credits, Positive Imbalance Energy revenues, and other payments) as the Scheduling Coordinator for the Project, in each case, including revenues associated with Imbalance EnergyCAISO dispatches, including bid cost recovery, inter-SC trade credits, or other credits in respect of the Product Scheduled or delivered from the Project. Seller shall be responsible for all CAISO charges or penalties incurred as a consequence net of the Project not being availablecredits and payments, in each case, resulting from the Seller not notifying the CAISO and Buyer (as Seller’s SC) of outages or other unavailability of Project capacity in a timely manner (in accordance with the CAISO Tariff and as set forth in Section 3.7), ) or any other failure by Seller to abide by the CAISO Tariff, and any other deviations between Delivered Energy and Scheduled Energy that are attributable Tariff (except as the result of Buyer’s failure to perform its duties as Seller, the Project, or any event, circumstance, act, or incident occurring prior to or at the Delivery Point’s Scheduling Coordinator),, including without limitation uninstructed deviation penaltiespenalties resulting therefrom. The Parties agree that any Availability Incentive Payments are for the benefit of the Seller and for Seller’s account and that any Non-Non- Availability Charges or other CAISO charges associated with the Project not providing sufficient Resource Adequacy capacity are the responsibility of the Seller and for Seller’s account. In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, outage reporting, or generator operation, and any such sanctions or penalties are imposed upon the Project or to Buyer as Scheduling Coordinator due to the actions or inactions of Seller, the cost of the sanctions or penalties shall be the Seller’s responsibility. Buyer shall be entitled responsibility to all credits, payments, the extent due to the actions or revenues from the CAISO in respect inactions of the Contract Energy from the Project, including revenues associated with CAISO dispatches, inter-SC trade credits, and bid cost recoverySeller.] [When SDG&E is SC for the Project and for Projects located outside of the CAISO, include the following seven paragraphs:

CAISO Costs and Revenues. Seller Except as otherwise set forth below, Buyer (as Scheduling Coordinator for the Facility) shall be responsible for CAISO costs (including penalties penalties, Imbalance Energy costs, and other charges) and shall be entitled to all CAISO revenues (including credits credits, Imbalance Energy revenues, and other payments) as the Scheduling Coordinator for the Project), in each case, including revenues associated with Imbalance EnergyCAISO dispatches, including bid cost recovery, Inter-SC Trade credits, or other credits in respect of the Product Scheduled or delivered from the Facility. Seller shall be responsible for all CAISO charges or penalties incurred as a consequence of the Project not being available, the Seller not notifying the CAISO and Buyer of outages in a timely manner (in accordance with the CAISO Tariff and as set forth in Section 3.7), resulting from any other failure by Seller to abide by the CAISO Tariff, and any other deviations between Delivered Energy and Scheduled Energy that are attributable Tariff or the outage notification requirements set forth in this Agreement (except to Seller, the Project, or any event, circumstance, act, or incident occurring prior extent such non-compliance is caused by Buyer’s failure to or at perform its duties as Scheduling Coordinator for the Delivery Point, including without limitation uninstructed deviation penaltiesFacility). The Parties agree that any Availability Incentive Payments (as defined in the CAISO Tariff) are for the benefit of the Seller and for Seller’s account and that any Non-Availability Charges or other (as defined in the CAISO charges associated with the Project not providing sufficient Resource Adequacy capacity Tariff) are the responsibility of the Seller and for Seller’s account. In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, outage reporting, or generator operation, and any such sanctions or penalties are imposed upon the Facility or to Buyer as Scheduling Coordinator due to failure by Seller to abide by the CAISO Tariff or the outage notification requirements set forth in this Agreement, the cost of the sanctions or penalties shall be the Seller’s responsibility. Buyer shall be entitled to all credits, payments, or revenues from the CAISO in respect of the Contract Energy from the Project, including revenues associated with CAISO dispatches, inter-SC trade credits, and bid cost recovery.] [When SDG&E is SC for the Project and for Projects located outside of the CAISO, include the following seven paragraphs:

CAISO Costs and Revenues. Seller shall be responsible for CAISO costs (including penalties and other charges) and shall be entitled to all CAISO revenues (including credits and other payments) as the Scheduling Coordinator for the Project, in each case, associated with Imbalance Energy, including all CAISO charges or penalties incurred as a consequence of the Project not being available, the Seller not notifying the CAISO and Buyer of outages in a timely manner (in accordance with the CAISO Tariff XXXXX Xxxxxx and as set forth in Section 3.7), any other failure by Seller to abide by the CAISO Tariff, and any other deviations between Delivered Energy and Scheduled Energy that are attributable to Seller, the Project, or any event, circumstance, act, or incident occurring prior to or at the Delivery Point, including without limitation uninstructed deviation penalties. The Parties agree that any Availability Incentive Payments are for the benefit of the Seller and for Seller’s account and that any Non-Availability Charges or other CAISO charges associated with the Project not providing sufficient Resource Adequacy capacity are the responsibility of the Seller and for Seller’s account. In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, outage reporting, or generator operation, the cost of the sanctions or penalties shall be the Seller’s responsibility. Buyer shall be entitled to all credits, payments, or revenues from the CAISO in respect of the Contract Energy Product Scheduled or delivered from the Project, including revenues associated with CAISO dispatches, inter-SC trade credits, and bid cost recovery.] [When SDG&E is SC for the Project and for Projects located outside of the CAISOProject, include the following seven paragraphs:

CAISO Costs and Revenues. Seller Except as otherwise set forth below and elsewhere in this Agreement, Buyer (as Seller’s SC) shall be responsible for CAISO costs (including penalties and other charges) and shall be entitled to all CAISO revenues (including credits and other payments) as the Scheduling Coordinator for the ProjectFacility, in each case, including revenues associated with Imbalance EnergyCAISO dispatches, including bid cost recovery, inter-SC trade credits, or other credits in respect of the Product Scheduled or delivered from the Facility. Seller shall be responsible for all CAISO charges or penalties incurred each month in excess of $100,000 (“Seller Penalty Threshold”) as a consequence of the Project Facility not being available, the Seller not notifying the CAISO and Buyer (as Seller’s SC) of outages in a timely manner (in accordance with the CAISO Tariff and as set forth in Section 3.714), any other failure by Seller to abide by the CAISO Tariff, and any other deviations between Delivered Energy and Scheduled Energy that are attributable to Seller, the ProjectFacility, or any event, circumstance, act, act or incident occurring prior to or at the Delivery Point, including without limitation uninstructed deviation penalties. The Parties agree penalties (except that any Availability Incentive Payments are during the period before Seller obtains certification to become a Participating Intermittent Resource Seller shall be responsible for the benefit of foregoing charges or penalties even if they are below the Seller and for Seller’s account and that any Non-Availability Charges or other CAISO charges associated with the Project not providing sufficient Resource Adequacy capacity are the responsibility of the Seller and for Seller’s accountPenalty Threshold). In addition, if during the Delivery Term, the CAISO implements or has implemented any sanction or penalty related to scheduling, outage reporting, or generator operation, and any such sanctions or penalties are imposed upon the Facility or to Buyer as Scheduling Coordinator due to the actions or inactions of Seller, the cost of the sanctions or penalties shall be the Seller’s responsibility. Buyer shall be entitled to all credits, payments, or revenues from the CAISO in respect of the Contract Energy from the Project, including revenues associated with CAISO dispatches, inter-SC trade credits, and bid cost recovery.] [When SDG&E is SC for the Project and for Projects located outside of the CAISO, include the following seven paragraphs: