Capacity Rights. “Capacity Rights” shall have the definition set forth in the Power Purchase Agreement.
Capacity Rights. “Capacity Rights” means the rights, whether in existence as of the Effective Date or arising thereafter during the term of this Agreement, to Capacity, resource adequacy, associated attributes and/or reserves or any of the foregoing associated with the electric generating capability of the Facility.
Capacity Rights. Seller warrants that it has not sold, assigned, or encumbered any interest it has in Capacity Rights associated with the Facility.
Capacity Rights. For and in consideration of Buyer entering into this Agreement, and in addition to the agreement by Buyer and Seller to purchase and sell Facility Energy and Environmental Attributes on the terms and conditions set forth herein, Seller hereby transfers to Buyer, and Buyer hereby accepts from Seller, all of Seller’s rights, title and interest in and to the Capacity Rights. The consideration for the transfer of Capacity Rights, if any, is contained within the Contract Price. In no event shall Buyer have any obligation or liability whatsoever for any debt pertaining to the Facility by virtue of Buyer’s ownership of the Capacity Rights or otherwise.
Capacity Rights. Without any further or future consideration, Seller transfers to PacifiCorp, and PacifiCorp accepts from Seller, any right, title, and interest that Seller may have in and to Capacity Rights, if any, associated with the PacifiCorp’s right to purchase Net Output and Renewable Energy Credits (if applicable) under this Agreement. Xxxxxx further quit claims in favor of PacifiCorp any interest it may acquire in Capacity Rights during the Term. At PacifiCorp’s request, the Parties shall execute such documents and instruments as may be reasonably required to effect recognition and transfer of the Capacity Rights, if any, to PacifiCorp.
Capacity Rights. For and in consideration of PacifiCorp’s agreement to purchase from Seller the Net Output and Green Tags on the terms and conditions set forth herein, Seller transfers to PacifiCorp, and PacifiCorp accepts from Seller, all right, title, and interest that Seller may have in and to Capacity Rights, if any, existing during the Term.
Capacity Rights. For and in consideration of each Buyer entering into this Agreement, and in addition to the agreement by Xxxxxx and Seller to purchase and sell Facility Energy and Environmental Attributes on the terms and conditions set forth herein, Seller hereby transfers to each Buyer, and each Buyer hereby accepts from Seller, all of Seller’s rights, title and interest in and to the Capacity Rights, proportionately in accordance with such Buyer’s Percentage of Facility Output. The consideration for the transfer of Capacity Rights, if any, is contained within the applicable Contract Price. No Buyer shall have any obligation or liability whatsoever for any debt pertaining to the Facility by virtue of any Buyer’s ownership of the Capacity Rights or otherwise.
Capacity Rights. 2.2.1 Subject to the terms and provisions of this Agreement, each calendar year, the Owners shall have the following rights of usage of the Shared Facilities (“Capacity Rights”):
a. with respect to the “G-1” Unit, Infineum shall have [***] [Confidential Treatment Required] of the Available Time for such “G-1” Unit during the calendar year and Shell the remaining [***] [Confidential Treatment Required];
b. with respect to the “G-2” Unit, Infineum shall have [***] [Confidential Treatment Required] of the Available Time for such “G-2” Unit during the calendar year and Shell the remaining [***] [Confidential Treatment Required];
c. with respect to the hydrogen plant, Infineum shall have [***] [Confidential Treatment Required] of the time such hydrogen plant is available for usage during the calendar year and Shell the remaining [***] [Confidential Treatment Required];
d. with respect to Shared Facilities other than the “G-1” Unit, the “G-2” Unit and the hydrogen plant, each Owner shall have the right to use such assets provided such use does not limit use by the other Owner; and
e. with respect to the warehouse and any other Shared Facilities (other than the “G-1” Unit, the “G-2” Unit and the hydrogen plant) where use by one Owner limits use by the other Owner, the Owners shall share the use of such assets in accordance with their relative ownership interests in such Shared Facilities; that is, [***] [Confidential Treatment Required] for Infineum and [***] [Confidential Treatment Required] for Shell.
2.2.2 Owners will share time lost because of scheduled maintenance and inspection shutdowns other than preparation or clean-up, and unscheduled shutdowns exceeding forty-eight (48) hours in any seventy-two (72) hour period, pro rata to their Capacity Rights with respect to the Shared Facility in question. Any unscheduled shutdowns not exceeding forty-eight (48) hours in any seventy-two (72) hour period shall be for the sole account of the Owner whose Capacity Rights are being used at the time of the unscheduled shutdown.
2.2.3 In the event that either Owner desires temporary Capacity Usage of any Shared Facility greater than its Capacity Right in such Shared Facility allows, and the other Owner has Eligible Spare Capacity, then the other Owner shall make such Eligible Spare Capacity available. Eligible Spare Capacity controlled by Infineum shall be deemed to be taken first from the individual interests leased by Infineum from Shell, and only after all such leased ...
Capacity Rights. 42 Section 10.1
Capacity Rights. “Capacity Rights” means the rights, whether in existence as of the Effective Date or arising thereafter during the term of this Agreement, of SCPPA to Capacity of the Facility, including resource adequacy, associated attributes and/or reserves or any of the foregoing purchased by SCPPA under the Power Purchase Agreement, or, if SCPPA acquires the Facility or an ownership interest therein, associated with the electric generating capability of the Facility or such ownership interest therein.
