Coordination of Fuel Procurement. Seller shall manage and cause the delivery of all quantities of Fuel required by the Facility to generate the Net Electrical Output to the extent that the Department does not elect to supply such Fuel pursuant to its options to do so contained in Sections 6.02, 6.05 and 6.06. Seller and the Department agree and acknowledge that, subject to Section 11.03, all Fuel Costs shall be borne solely by the Department, whether incurred by the Department or Seller. The Parties shall coordinate their nomination and scheduling of deliveries of Fuel, giving sufficient time to meet the deadlines of the applicable Fuel transporters. Each of the Parties acknowledges that volumes and deliveries of Fuel not nominated and scheduled on at least a day-ahead basis are subject to limited marketplace availability and substantial price volatility, and to the nomination and scheduling procedures and deadlines set forth in the transporter’s tariff(s) and other applicable requirements. Except to the extent specifically agreed upon, nominated and scheduled by the parties, neither party makes any representation or warranty with respect to the availability of volumes or deliveries of Fuel. Seller’s obligation to deliver Net Electrical Output is subject to, and dependent upon, the receipt of Fuel required to produce the Net Electrical Output. Seller shall use reasonable efforts to re- market any Fuel or Fuel transportation purchased pursuant to this Agreement but not consumed by the Facility due to non-operation, and the proceeds of such re-marketing will be used to partially offset the Fuel Costs. In the event that Fuel suppliers condition sales to Seller on receipt of a letter of credit, prepayment, escrow, or similar security from Seller, Seller may, by thirty
