Common use of CAISO Costs and Revenues Clause in Contracts

CAISO Costs and Revenues. 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, [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, [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, 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 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 net of credits 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.] 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.

CAISO Costs and Revenues. Except as otherwise set forth below, [For all Products other than Dispatchable Product: in Section 3.4(c)(ii),] and elsewhere in this Agreementfollowing the Commercial Operation Date, Buyer (as Seller’s SCScheduling Coordinator for the Facility) shall be responsible for CAISO costs (including 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, [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), including revenues associated with CAISO dispatches, bid cost recovery, interInter-SC trade 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 costs and revenues shall be allocated in accordance with Section 3.4(c)(ii)Facility. [For As-Available Product VER Forecasting Program Participants only: Seller shall be responsible for all CAISO charges or costs and penalties net of credits 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 comply with applicable provisions of the CAISO Tariff or the outage notification requirements set forth in this Agreement (except to the extent such non-compliance is caused by Buyer’s failure to perform its duties as Scheduling Coordinator for the Facility). If requested by Seller, Buyer or its designated SC shall make commercially reasonable efforts to cooperate with Seller to allow Seller to submit replacement Resource Adequacy Capacity or make Resource Adequacy Capacity substitutions with respect to outages at the Facility as permitted by the CAISO Tariff.] . 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 Project Facility or to Buyer as Scheduling Coordinator due to failure by Seller to abide by the actions CAISO Tariff or inactions of Sellerthe outage notification requirements set forth in this Agreement, the cost of the sanctions or penalties shall be the Seller’s responsibility.

CAISO Costs and Revenues. Except as otherwise set forth below, [For all Products other than Dispatchable Product: in Section 3.4(c)(ii),] below and elsewhere in this Agreement, Buyer (as Seller’s SC) shall be responsible for CAISO costs (including penalties, [For As-Available Product VER Forecasting Program Participants only: Negative Imbalance Energy costs or revenues,] costs, and other charges) and shall be entitled to all CAISO revenues (including credits, [For As-Available Product VER Forecasting Program Participants only: Positive Imbalance Energy revenues or costs,] revenues, and other payments) as the Scheduling Coordinator for the Project, 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 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 net of credits and payments (including without limitation all Imbalance Energy costs)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.] Tariff (except as the result of Buyer’s failure to perform its duties as Seller’s Scheduling Coordinator),, including without limitation uninstructed deviation penalties 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 responsibilityresponsibility to the extent due to the actions or inactions of Seller.

CAISO Costs and Revenues. Except as otherwise set forth below, [For all Products other than Dispatchable Product: in Section 3.4(c)(ii),] below and elsewhere in this Agreement, Buyer (as Seller’s SC) shall be responsible for CAISO costs (including penalties, [For As-Available Product VER Forecasting Program Participants only: Negative Imbalance Energy costs or revenues,] costs, and other charges) and shall be entitled to all CAISO revenues (including credits, [For As-Available Product VER Forecasting Program Participants only: Positive Imbalance Energy revenues or costs,] revenues, and other payments) as the Scheduling Coordinator for the Project, 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 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 net of credits and payments (including without limitation all Imbalance Energy costs)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.] Tariff (except as the result of Buyer’s failure to perform its duties as Seller’s Scheduling Coordinator), including without limitation uninstructed deviation penalties 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 responsibilityresponsibility to the extent due to the actions or inactions of Seller.