Common use of Decertification from AB 1613 Program Clause in Contracts

Decertification from AB 1613 Program. In the event of Seller’s default pursuant to Section 6.01(b)(vi) due to CEC decertification under the Public Utilities Code 2843, so long as at the time of default, Seller demonstrates qualifying facility status under PURPA and notwithstanding Section 2.02(b), upon termination of this Agreement, Seller’s continued conveyance of Power Product and acceptance of payment shall constitute Seller’s acceptance of any applicable mandatory must-purchase contract available to qualifying facilities under PURPA. Seller shall be paid the short run avoided cost rate for energy and as- available capacity applicable under such contract at the time of decertification.

Decertification from AB 1613 Program. In the event of Seller’s default pursuant to Section 6.01(b)(vi) due to CEC decertification under the Public Utilities Code 2843, so long as at the time of default, Seller demonstrates qualifying facility status under PURPA and notwithstanding Section 2.02(b), upon termination of this Agreement, Seller’s continued conveyance of Power Product and acceptance of payment shall constitute Seller’s acceptance of any applicable mandatory must-purchase contract available to qualifying facilities under PURPA. Seller shall be paid the short run avoided cost rate for energy and as- as-available capacity applicable under such contract at the time of decertification.

Decertification from AB 1613 Program. In the event of Seller’s default pursuant to Section 6.01(b)(vi) 6.01(c)(xvi), due to CEC decertification under the Public Utilities Code 2843, so long as at the time of default, Seller demonstrates qualifying facility status under PURPA and notwithstanding Section 2.02(b), upon termination of this Agreement, Seller’s continued conveyance of Power Product and acceptance of payment shall constitute Seller’s acceptance of any applicable mandatory must-purchase contract available to qualifying facilities under PURPA. Seller shall be 1 See D.00-00-000 ordering paragraph 5. paid the short run avoided cost rate for energy and as- as-available capacity applicable under such contract at the time of decertification.