Common use of Damages for Failure to Provide Designated RA Capacity Clause in Contracts

Damages for Failure to Provide Designated RA Capacity. If Seller fails to provide Buyer with the Designated RA Capacity of Product for any Showing Month, and such failure is not excused under the terms of this Confirmation, then the following shall apply: (a) Buyer may, but shall not be required to, replace any portion of the Designated RA Capacity not provided by Seller with capacity having equivalent RA Attributes, LAR Attributes and, if applicable, Flexible RA Attributes as the Designated RA Capacity not provided by Seller; provided, however, that if any portion of the Designated RA Capacity that Buyer is seeking to replace is Designated RA Capacity having solely RA Attributes and no LAR Attributes or Flexible RA Attributes, and no such RA Capacity is available, then Buyer may replace such portion of the Designated RA Capacity with capacity having any applicable Flexible RA Attributes and/or LAR Attributes (“Replacement Capacity”) by entering into purchase transactions with one or more third parties, including, without limitation, third parties who have purchased capacity from Buyer so long as such transactions are done at prevailing market prices. Buyer shall use commercially reasonable efforts to minimize damages when procuring any Replacement Capacity. (b) Seller shall pay to Buyer the following damages in lieu of damages specified in Section 21.3 of the Master Agreement: an amount equal to the positive difference, if any, between (i) the sum of (A) the actual cost paid by Buyer for any Replacement Capacity, and (B) each Capacity Replacement Price times the amount of the Designated RA Capacity neither provided by Seller nor purchased by Buyer pursuant to Section 4.7(a); minus (ii) the Designated RA Capacity not provided for the applicable Showing Month times the Contract Price for that month. If Seller fails to pay these damages, then Buyer may offset those damages owed it against any CAISO revenues or future amounts it may owe to Seller under this Confirmation pursuant to Section 28 of the Master Agreement.

Damages for Failure to Provide Designated RA Capacity. If Seller fails to provide Buyer with the Designated RA Capacity of Product for any Showing Month, and such failure is not excused under the terms of this Confirmation, Month then the following shall apply: (a) Buyer may, but shall not be required to, replace any portion of the Designated RA Capacity not provided by Seller with capacity having equivalent RA RAR Attributes, LAR Attributes and, if applicable, Flexible RA and/or FCR Attributes as the Designated RA Capacity not provided by Seller; , provided, howeverthat, that if any portion of the Designated RA Capacity that Buyer is seeking to replace is Designated RA Capacity having solely RA RAR Attributes and no LAR Attributes or (such capacity shall also include FCR Attributes if this is a Flexible RA Attributes, Capacity Product) and no such RA Capacity RAR capacity is available, then Buyer may replace such portion of the Designated RA Capacity with other capacity having any applicable Flexible RA RAR Attributes and/or and LAR Attributes (as well as FCR Attributes if this is a Flexible Capacity Product) (“Replacement Capacity”) ). Such Replacement Capacity may be provided by entering CAISO to Buyer pursuant to the Tariff. Buyer may enter into purchase transactions with one or more third partiesparties to replace any portion of Designated RA Capacity not provided by Seller. Additionally, includingBuyer may enter into one or more arrangements to repurchase its obligation to sell and deliver capacity to another party and, without limitation, third parties who have purchased capacity from Buyer so long as to the extent such transactions are done at prevailing market prices, such arrangements shall be considered equivalent to the procurement of Replacement Capacity. Buyer shall use commercially reasonable efforts to minimize damages when procuring any Replacement Capacity. (b) Seller shall pay to Buyer at the time set forth in Section 4.1 of the Master Agreement, the following damages in lieu of damages specified in Section 21.3 4.1 of the Master Agreement: an amount equal to the positive difference, if any, between (i) the sum of (A) the actual cost paid by Buyer for any Replacement Capacity, and (B) each applicable Capacity Replacement Price times the amount of the Designated RA Replacement Capacity neither provided by Seller nor purchased by Buyer pursuant to Section 4.7(a); minus (ii) the Designated RA Capacity not provided for the applicable Showing Month times the Contract Price for that month. If Seller fails to pay these damagesBuyer, then Buyer may offset those damages owed it against any CAISO revenues or future amounts it may owe to Seller under this Confirmation pursuant to Section 28 of the Master Agreement.plus

Damages for Failure to Provide Designated RA Capacity. If Seller fails to provide Buyer with the Designated RA Capacity of Product for any Showing Month, and such failure is not excused under the terms of this Confirmation, Month then the following shall apply: (a) Buyer may, but shall not be required to, replace any portion of the Designated RA Capacity not provided by Seller with capacity having equivalent RA RAR Attributes, LAR Attributes and, if applicable, Flexible RA and/or FCR Attributes as the Designated RA Capacity not provided by Seller; , provided, howeverthat, that if any portion of the Designated RA Capacity that Buyer is seeking to replace is Designated RA Capacity having solely RA RAR Attributes and no LAR Attributes or Flexible RA Attributes, and no such RA RAR capacity is available (such capacity shall also include FCR Attributes if this is a Flexible Capacity is availableProduct), then Buyer may replace such portion of the Designated RA Capacity with capacity having any applicable Flexible RA RAR Attributes and/or and LAR Attributes (as well as FCR Attributes if this is a Flexible Capacity Product) (“Replacement Capacity”) ). Such Replacement Capacity may be provided by entering CAISO to Buyer pursuant to the Tariff. Buyer may enter into purchase transactions with one or more third partiesparties to replace any portion of Designated RA Capacity not provided by Seller. Additionally, includingBuyer may enter into one or more arrangements to repurchase its obligation to sell and deliver capacity to another party, without limitationand, third parties who have purchased capacity from Buyer so long as to the extent such transactions are done at prevailing market prices, such arrangements shall be considered equivalent to the procurement of Replacement Capacity. Buyer shall use commercially reasonable efforts to minimize damages when procuring any Replacement Capacity. (b) Seller shall pay to Buyer at the time set forth in the Master Agreement the following damages in lieu of damages specified in Section 21.3 of the Master Agreement: an amount equal to the positive difference, if any, between (i) the sum of (A) the actual cost paid by Buyer (or charged to Buyer by CAISO) for any Replacement Capacity, and plus (B) each Capacity Replacement Price times the amount of the Designated RA Capacity neither provided by Seller nor purchased by Buyer pursuant to Section 4.7(a); minus , and (ii) the Designated RA Capacity not provided for the applicable Showing Month times the Contract Price for that month. If Seller fails to pay these damages, then Buyer may offset those damages owed it against any CAISO revenues or future amounts it may owe to Seller under this Confirmation pursuant to Section 28 of the Master Agreement.

Damages for Failure to Provide Designated RA Capacity. If Seller fails to provide Buyer with the Designated RA Capacity of Product for any Showing Month, Month and such failure is not excused under by the terms of this Confirmation, then the following shall apply: (a) Buyer may, but shall not be required to, replace any portion of the Designated RA Capacity not provided by Seller with capacity having equivalent RA RAR Attributes, LAR Attributes and, if applicable, Flexible RA and/or FCR Attributes as the Designated RA Capacity not provided by Seller; provided, however, that if any portion of the Designated RA Capacity that Buyer is seeking to replace is Designated RA Capacity having solely RA RAR Attributes and no LAR Attributes or Flexible RA FCR Attributes, and no such RA Capacity is available, then Buyer may replace such portion of the Designated RA Capacity with capacity having any applicable Flexible RA FCR Attributes and/or LAR Attributes (“Replacement Capacity”) by entering ). Buyer may enter into purchase transactions with one or more third parties, including, without limitation, third parties who have purchased capacity from Buyer to replace any portion of Designated RA Capacity not provided by Seller so long as such transactions are done at prevailing market prices. Additionally, Buyer may enter into one or more arrangements to repurchase its obligation to sell and deliver capacity to another party, and, to the extent such transactions are done at prevailing market prices, such arrangements shall be considered equivalent to the procurement of Replacement Capacity. Buyer shall use commercially reasonable efforts to minimize damages when procuring any Replacement Capacity. (b) Seller shall pay to Buyer the following damages in lieu of damages specified in Section 21.3 of the Master Agreement: an amount equal to the positive difference, if any, between (i) the sum of of (A) the actual cost paid by Buyer for any Replacement CapacityCapacity times the Capacity Replacement Price, and (B) each Capacity Replacement Price times the amount of the Designated RA Capacity neither not provided by Seller nor purchased by Buyer pursuant to Section 4.7(a)(less any Replacement Capacity) times the Capacity Replacement Price; minus and (ii) the Designated RA Capacity not provided for the applicable Showing Month by Seller times the Contract Price for that month. If Seller fails to pay these damages, then Buyer may, in addition to any other remedies that may be available to Buyer, offset those damages owed it against any CAISO revenues or future amounts it may owe to Seller under this Confirmation pursuant to Section 28 Article Six of the Master Agreement. Seller will not be in breach of this Confirmation for any failure to provide any Designated RA Capacity so long as Seller complies with the provisions of this Section 4.7.

Damages for Failure to Provide Designated RA Capacity. If Seller fails to provide Buyer with the Designated RA Capacity of Product for any Showing Month, and such failure is not excused under the terms of this Confirmation, then the following shall apply: (a) : Buyer may, but shall not be required to, replace any portion of the Designated RA Capacity not provided by Seller with capacity having equivalent RA RAR Attributes, LAR Attributes and, if applicable, Flexible RA and/or FCR Attributes as the Designated RA Capacity not provided by Seller; , provided, howeverthat, that if any portion of the Designated RA Capacity that Buyer is seeking to replace is Designated RA Capacity having solely RA RAR Attributes and no LAR Attributes or Flexible RA Attributes, and no such RA RAR capacity is available (such capacity shall also include FCR Attributes if this is a Flexible Capacity is availableProduct), then Buyer may replace such portion of the Designated RA Capacity with capacity having any applicable RAR Attributes and LAR Attributes (as well as FCR Attributes if this is a Flexible RA Attributes and/or LAR Attributes Product) (“Replacement Capacity”) ), in either case, by entering into purchase transactions with one or more third parties, including, without limitation, third parties who have purchased capacity from Buyer Buyer, so long as such transactions are done at prevailing market prices. Buyer shall use commercially reasonable efforts to minimize damages when procuring any Replacement Capacity. (b) . Seller shall pay to Buyer at the time set forth in Section 4.1 of the Master Agreement the following damages in lieu of damages specified in Section 21.3 4.1 of the Master Agreement: an amount equal to the positive difference, if any, between (i) the sum of (A) the actual cost paid by Buyer (or charged to Buyer by CAISO) for any Replacement Capacity, and plus (B) each Capacity Replacement Price times the amount of the Designated RA Capacity neither provided by Seller nor purchased by Buyer pursuant to Section 4.7(a); minus , and (ii) the Designated RA Capacity not provided by Seller for the applicable Showing Month times the Contract Price for that month. If Seller fails to pay these damages, then Buyer may offset those damages owed it against any CAISO revenues or future amounts it may owe to Seller under this Confirmation pursuant to Section 28 Article Six of the Master Agreement.