Common use of Contract Capacity, Storage Capacity, Capacity-Related Benefits, Environmental Attributes, and Other Electric Products Clause in Contracts

Contract Capacity, Storage Capacity, Capacity-Related Benefits, Environmental Attributes, and Other Electric Products. (a) Buyer’s purchase of Delivered Energy and Charging Energy according to this Agreement includes the purchase of all Contract Capacity, Capacity-Related Benefits (including any ZRCs, other capacity credits and similar rights and benefits), Environmental Attributes and Other Electric Products during the Delivery Term, the Variable Payment includes all compensation to Seller for such purchase, and no other or further amount shall be payable by Buyer in connection with the purchase of such Products. With respect to the Delivery Term, Buyer shall have the right to dispatch such Products, and Seller shall (at its own expense) generate and deliver to Buyer at the applicable OP Delivery Point any such Products so dispatched by Buyer; provided, however, that, in the case of any such Products that are not physical in nature (such as ZRCs, other capacity credits, intangible Environmental Attributes and other intangible products), Seller shall, without requirement of any dispatch or other notice from Buyer and at Seller’s own expense, (i) cause to be issued any and all such Products for which the Generating Facility, Storage Facility, Contract Capacity, Storage Capacity, Storage Energy, and/or Contract Energy is eligible, (ii) to the extent not issued directly to Buyer, without limiting Section 3.11, obtain and transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by Buyer) all such Products and (iii) use Commercially Reasonable Efforts to maximize (including operating the Generating Facility and Storage Facility and otherwise using Commercially Reasonable Efforts to perform its obligations under this Agreement in a manner that maximizes) the quantity of such Products issued, obtained and transferred to Buyer (or, if not possible, for which the benefit is transferred to Buyer). Without limiting the foregoing, Seller shall (at its own expense) obtain prior to the Delivery Term Commencement Date, and maintain throughout the Delivery Term, Full Deliverability, except that Buyer shall (at Seller’s expense) obtain NITS according and subject to Section 7.6(b). For all purposes of this Agreement, any Products (such as Capacity-Related Benefits) issued prior to the Delivery Term that relate to the Delivery Term or issued during the Delivery Term, even if relating to the period after the Delivery Term, shall be considered to be Products “during the Delivery Term” and shall belong to Buyer pursuant to this Agreement.

Contract Capacity, Storage Capacity, Capacity-Related Benefits, Environmental Attributes, and Other Electric Products. (a) Buyer’s purchase of Delivered Energy and Charging Energy according to this Agreement includes the purchase of all Contract Capacity, Capacity-Related Benefits 125 NTD: Insert if the Facility is a developmental resource. 126 NTD: Insert if the Facility is not a developmental resource. (including any ZRCs, other capacity credits and similar rights and benefits), Environmental Attributes and Other Electric Products during the Delivery Term, the Variable Payment includes all compensation to Seller for such purchase, and no other or further amount shall be payable by Buyer in connection with the purchase of such Products. With respect to the Delivery Term, Buyer shall have the right to dispatch such Products, and Seller shall (at its own expense) generate and deliver to Buyer at the applicable OP Delivery Point any such Products so dispatched by Buyer; provided, however, that, in the case of any such Products that are not physical in nature (such as ZRCs, other capacity credits, intangible Environmental Attributes and other intangible products), Seller shall, without requirement of any dispatch or other notice from Buyer and at Seller’s own expense, (i) cause to be issued any and all such Products for which the Generating Facility, Storage Facility, Contract Capacity, Storage Capacity, Storage Energy, and/or Contract Energy is eligible, (ii) to the extent not issued directly to Buyer, without limiting Section 3.11, obtain and transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by Buyer) all such Products and (iii) use Commercially Reasonable Efforts to maximize (including operating the Generating Facility and Storage Facility and otherwise using Commercially Reasonable Efforts to perform its obligations under this Agreement in a manner that maximizes) the quantity of such Products issued, obtained and transferred to Buyer (or, if not possible, for which the benefit is transferred to Buyer). Without limiting the foregoing, Seller shall (at its own expense) obtain prior to the Delivery Term Commencement Date, and maintain throughout the Delivery Term, Full Deliverability, except that Buyer shall (at Seller’s expense) obtain NITS according to and subject to Section 7.6(b). For all purposes of this Agreement, any Products (such as Capacity-Related Benefits) issued prior to the Delivery Term that relate to the Delivery Term or issued during the Delivery Term, even if relating to the period after the Delivery Term, shall be considered to be Products “during the Delivery Term” and shall belong to Buyer pursuant to this Agreement.

Contract Capacity, Storage Capacity, Capacity-Related Benefits, Environmental Attributes, and Other Electric Products. (a) Buyer’s purchase of Delivered Energy and Charging Energy according to this Agreement includes the purchase of all Contract Capacity, Capacity-Related Benefits (including any ZRCs, other capacity credits and similar rights and benefits), Environmental Attributes and Other Electric Products during the Delivery Term, the Variable Payment includes all compensation to Seller for such purchase, and no other or further amount shall be payable by Buyer in connection with the purchase of such Products. With respect to the Delivery Term, Buyer shall have the right to dispatch such Products, and Seller shall (at its own expense) generate and deliver to Buyer at the applicable OP Delivery Point any such Products so dispatched by Buyer; provided, however, that, in the case of any such Products that are not physical in nature (such as ZRCs, other capacity credits, intangible Environmental Attributes and other intangible products), Seller shall, without requirement of any dispatch or other notice from Buyer and at Seller’s own expense, (i) cause to be issued any and all such Products for which the Generating Facility, Storage Facility, Contract Capacity, Storage Capacity, Storage Energy, and/or Contract Energy is eligible, (ii) to the extent not issued directly to Buyer, without limiting Section 3.11, obtain and transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by Buyer) all such Products and (iii) use Commercially Reasonable Efforts to maximize (including operating the Generating Facility and Storage Facility and otherwise using Commercially Reasonable Efforts to perform its obligations under this Agreement in a manner that maximizes) the quantity of such Products issued, obtained and transferred to Buyer (or, if not possible, for which the benefit is transferred to Buyer). Without limiting the foregoing, Seller shall (at its own expense) obtain prior to the Delivery Term Commencement Date, and maintain throughout the Delivery Term, Full Deliverability, except that Buyer shall (at Seller’s expense) obtain NITS according and subject to Section 7.6(b). For all purposes of this Agreement, any Products (such as Capacity-Related Benefits) issued prior to the Delivery Term that relate to the Delivery Term or issued during the Delivery Term, even if relating to the period after the Delivery Term, shall be considered to be Products “during the Delivery Term” and shall belong to Buyer pursuant to this Agreement.

Contract Capacity, Storage Capacity, Capacity-Related Benefits, Environmental Attributes, and Other Electric Products. (a) Buyer’s purchase of Delivered Energy and Charging Energy according to this Agreement includes the purchase of all Contract Capacity, Capacity-Related Benefits (including any ZRCs, other capacity credits and similar rights and benefits), Environmental Attributes and Other Electric Products during the Delivery Term, the Variable Payment includes all compensation to Seller for such purchase, and no other or further amount shall be payable by Buyer in connection with the purchase of such Products. With respect to the Delivery Term, Buyer shall have the right to dispatch such Products, and Seller shall (at its own expense) generate and deliver to Buyer at the applicable OP Delivery Point any such Products so dispatched by Buyer; provided, however, that, in the case of any such Products that are not physical in nature (such as ZRCs, other capacity credits, intangible Environmental Attributes and other intangible products), Seller shall, without requirement of any dispatch or other notice from Buyer and at Seller’s own expense, (i) cause to be issued any and all such Products for which the Generating Facility, Storage Facility, Contract Capacity, Storage Capacity, Storage Energy, and/or Contract Energy is eligible, (ii) to the extent not issued directly to Buyer, without limiting Section 3.11, obtain and transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by Buyer) all such Products and (iii) use Commercially Reasonable Efforts to maximize (including operating the Generating Facility and Storage Facility and otherwise using Commercially Reasonable Efforts to perform its obligations under this Agreement in a manner that maximizes) the quantity of such Products issued, obtained and transferred to Buyer (or, if not possible, for which the benefit is transferred to Buyer). Without limiting the foregoing, Seller shall (at its own expense) obtain prior to the Delivery Term Commencement Date, and maintain throughout the Delivery Term, Full Deliverability, except that Buyer shall (at Seller’s expense) obtain NITS according to and subject to Section 7.6(b). For all purposes of this Agreement, any Products (such as Capacity-Related Benefits) issued prior to the Delivery Term that relate to the Delivery Term or issued during the Delivery Term, even if relating to the period after the Delivery Term, shall be considered to be Products “during the Delivery Term” and shall belong to Buyer pursuant to this Agreement.

Contract Capacity, Storage Capacity, Capacity-Related Benefits, Environmental Attributes, and Other Electric Products. (a) Buyer’s purchase of Delivered Energy and Charging Energy according to this Agreement includes the purchase of all Contract Capacity, Capacity-Related Benefits (including any ZRCs, other capacity credits and similar rights and benefits), Environmental Attributes and Other Electric Products during the Delivery Term, the Variable Payment includes all compensation to Seller for such purchase, and no other or further amount shall be payable by Buyer in connection with the purchase of such Products. With respect to Throughout the Delivery Term, Buyer shall have the right to dispatch such Products, and Seller shall (at its own expense) generate and deliver to Buyer at the applicable OP Delivery Point any such Products so dispatched by Buyer; provided, however, that, in the case of any such Products that are not physical in nature (such as ZRCs, other capacity credits, intangible Environmental Attributes and other intangible products), Seller shall, without requirement of any dispatch or other notice from Buyer and at Seller’s own expense, (i) cause to be issued any and all such Products for which the Generating Facility, Storage Facility, Contract Capacity, Storage Capacity, Storage Energy, and/or Contract Energy is eligible, (ii) to the extent not issued directly to Buyer, without limiting Section Sections 3.11, obtain and transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by Buyer) all such Products and (iii) use Commercially Reasonable Efforts to maximize (including operating the Generating Facility and Storage Facility and otherwise using Commercially Reasonable Efforts to perform its obligations under this Agreement in a manner that maximizes) the quantity of such Products issued, obtained and transferred to Buyer (or, if not possible, for which the benefit is transferred to Buyer). Without limiting the foregoing, Seller shall (at its own expense) obtain prior to the Delivery Term Commencement Date, and maintain throughout the Delivery Term, Full Deliverability, except that Buyer shall (at Seller’s expense) obtain NITS according and subject to Section 7.6(b). For all purposes of this Agreement, any Products (such as Capacity-Related Benefits) issued prior to the Delivery Term that relate to the Delivery Term or issued during the Delivery Term, even if relating to the period after the Delivery Term, shall be considered to be Products “during the Delivery Term” and shall belong to Buyer pursuant to this Agreement.

Contract Capacity, Storage Capacity, Capacity-Related Benefits, Environmental Attributes, and Other Electric Products. (a) Buyer’s purchase of Delivered Energy and Charging Energy according to this Agreement includes the purchase of all Contract Capacity, Capacity-Related Benefits (including any ZRCs, other capacity credits and similar rights and benefits), Environmental Attributes and Other Electric Products during the Delivery Term, the Variable Payment includes all compensation to Seller for such purchase, and no other or further amount shall be payable by Buyer in connection with the purchase of such Products. With ThroughoutWith respect to the Delivery Term, Buyer shall have the right to dispatch such Products, and Seller shall (at its own expense) generate and deliver to Buyer at the applicable OP Delivery Point any such Products so dispatched by Buyer; provided, however, that, in the case of any such Products that are not physical in nature (such as ZRCs, other capacity credits, intangible Environmental Attributes and other intangible products), Seller shall, without requirement of any dispatch or other notice from Buyer and at Seller’s own expense, (i) cause to be issued any and all such Products for which the Generating Facility, Storage Facility, Contract Capacity, Storage Capacity, Storage Energy, and/or Contract Energy is eligible, (ii) to the extent not issued directly to Buyer, without limiting Section SectionsSection 3.11, obtain and transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by Buyer) all such Products and (iii) use Commercially Reasonable Efforts to maximize (including operating the Generating Facility and Storage Facility and otherwise using Commercially Reasonable Efforts to perform its obligations under this Agreement in a manner that maximizes) the quantity of such Products issued, obtained and transferred to Buyer (or, if not possible, for which the benefit is transferred to Buyer). Without limiting the foregoing, Seller shall (at its own expense) obtain prior to the Delivery Term Commencement Date, and maintain throughout the Delivery Term, Full Deliverability, except that Buyer shall (at Seller’s expense) obtain NITS according and subject to Section 7.6(b). For all purposes of this Agreement, any Products (such as Capacity-Related Benefits) issued prior to the Delivery Term that relate to the Delivery Term or issued during the Delivery Term, even if relating to the period after the Delivery Term, shall be considered to be Products “during the Delivery Term” and shall belong to Buyer pursuant to this Agreement.