Common use of Delivery of Product Clause in Contracts

Delivery of Product. (a) No later than the deadlines set forth in subsections (i) and (ii) below, Seller shall submit, or cause Seller’s SC(s) to submit: (i) No later than ten (10) Business Days prior to Buyer’s Compliance Showing deadlines each year or Showing Month (as applicable), Notice to Buyer which shall include Seller’s Supply Plan for such year or Showing Month (as applicable) in (A) a form substantially similar to Exhibit F, or (B) a form as communicated in writing by Buyer to Seller no later than fifteen (15) Business Days prior to Buyer’s Compliance Showing deadlines for such year or Showing Month (as applicable). Such Supply Plan shall include the Qualifying Capacity for each PDR identified by Seller pursuant to Section 1.4(a)(i), the sum of which shall not exceed the Monthly Contracted Quantity. (ii) No later than ten (10) Business Days prior to the deadline for Seller’s Supply Plan submission in subsection (i) immediately above, the additional information required by the implementation guidelines set forth in D.00-00-000, Appendix A, as modified by D.00-00-000 and D.00-00-000, and set forth with more specificity in Exhibit G (the “QC Implementation Guidelines”), including the Qualifying Capacity for each PDR identified by Seller pursuant to Section 1.4(a)(i), presented in the standardized reporting format developed by the CPUC pursuant to Ordering Paragraph 8 of D.00-00-000. If the information provided pursuant to Exhibit G supports an estimated Qualifying Capacity greater than the amount of Qualifying Capacity Seller will identify for such PDR on the Supply Plan pursuant to Section 3.1(a)(i), Seller shall also provide such Supply Plan amount for such PDR. If Buyer has any questions or concerns about the information provided by Seller pursuant to this Section 3.1(a)(ii), Buyer shall, to the extent reasonably practicable, request clarification from Seller and take into consideration any clarification or additional information timely provided by Seller. (b) No later than eight (8) Business Days prior to Buyer’s Compliance Showing deadlines each year or Showing Month (as applicable), Buyer shall issue a Notice to Seller in the event Buyer intends to include in Buyer’s applicable compliance filings any amount less than the quantities in Seller’s Supply Plan submitted to Buyer (“QC De-Rate Notice”). The QC De-Rate Notice will include the amount of the de-rate to such quantities and will identify the shortcomings or deficiencies in the information provided by Seller pursuant to Section 3.1(a)(ii). If Buyer issues a QC De-Rate Notice, then Seller shall provide Notice to Buyer, no later than five (5) Business Days after receipt of such QC De-Rate Notice, that Seller will either: (i) reduce the quantities in its Supply Plan for the applicable Showing Month to conform to the quantities shown in the QC De-Rate Notice (or such other amount as may be agreed in writing by Buyer and Seller); or (ii) perform a DC Dispatch or DC Test during the applicable Showing Month. In all cases, if the Parties do not agree upon the reduction in Seller’s Supply Plan quantities under subsection 3.1(b)(i) above, then a DC Dispatch or DC Test shall be required for each and every Showing Month for which Buyer has issued a QC De-Rate Notice. (c) Seller shall, on a timely basis, submit, or cause its SC to submit, a Supply Plan to CAISO in accordance with the CAISO Tariff. The quantities in the Supply Plan that is submitted to the Buyer under Section 3.1(a)(i) shall exactly match what is submitted by the Seller or its SC to the CAISO due on the earliest monthly applicable Buyer’s Compliance Showing deadlines with CAISO and CPUC.

Delivery of Product. ‌ (a) No later than the deadlines set forth in subsections (i) and (ii) below, Seller shall submit, or cause Seller’s SC(s) to submit: (i) No later than ten (10) Business Days prior to Buyer’s Compliance Showing deadlines each year or Showing Month (as applicable), Notice to Buyer which shall include Seller’s Supply Plan for such year or Showing Month (as applicable) in (A) a form substantially similar to Exhibit F, or (B) a form as communicated in writing by Buyer to Seller no later than fifteen (15) Business Days prior to Buyer’s Compliance Showing deadlines for such year or Showing Month (as applicable). Such Supply Plan shall include the Qualifying Capacity for each PDR identified by Seller pursuant to Section 1.4(a)(i), the sum of which shall not exceed the Monthly Contracted Quantity. (ii) No later than ten (10) Business Days prior to the deadline for Seller’s Supply Plan submission in subsection (i) immediately above, the additional information required by the implementation guidelines set forth in D.00-00-000, Appendix A, attached hereto as modified by D.00-00-000 and D.00-00-000, and set forth with more specificity in Exhibit G (the “QC Implementation Guidelines”), including the Qualifying Capacity for each PDR identified by Seller pursuant to Section 1.4(a)(i), presented in the standardized reporting format developed by the CPUC pursuant to Ordering Paragraph 8 of D.00-00-000. If the information provided pursuant to Exhibit G supports an estimated Qualifying Capacity greater than the amount of Qualifying Capacity Seller will identify for such PDR on the Supply Plan pursuant to Section 3.1(a)(i), Seller shall also provide such Supply Plan amount for such PDR. If Buyer has any questions or concerns about the information provided by Seller pursuant to this Section 3.1(a)(ii), Buyer shall, to the extent reasonably practicable, request clarification from Seller and take into consideration any clarification or additional information timely provided by Seller. (b) No later than eight (8) Business Days prior to Buyer’s Compliance Showing deadlines each year or Showing Month (as applicable), Buyer shall issue a Notice to Seller in the event Buyer intends to include in Buyer’s applicable compliance filings any amount less than the quantities in Seller’s Supply Plan submitted to Buyer (“QC De-Rate Notice”). The QC De-Rate Notice will include the amount of the de-rate to such quantities and will identify the shortcomings or deficiencies in the information provided by Seller pursuant to Section 3.1(a)(ii). If Buyer issues a QC De-Rate Notice, then Seller shall provide Notice to Buyer, no later than five (5) Business Days after receipt of such QC De-Rate Notice, that Seller will either: (i) reduce the quantities in its Supply Plan for the applicable Showing Month to conform to the quantities shown in the QC De-Rate Notice (or such other amount as may be agreed in writing by Buyer Xxxxx and Seller); or (ii) perform a DC Dispatch or DC Test during the applicable Showing Month. In all cases, if the Parties do not agree upon the reduction in Seller’s Supply Plan quantities under subsection 3.1(b)(i) above, then a DC Dispatch or DC Test shall be required for each and every Showing Month for which Buyer has issued a QC De-Rate Notice. (c) Seller shall, on a timely basis, submit, or cause its SC to submit, a Supply Plan to CAISO in accordance with the CAISO Tariff. The quantities in the Supply Plan that is submitted to the Buyer under Section 3.1(a)(i) shall exactly match what is submitted by the Seller or its SC to the CAISO due on the earliest monthly applicable Buyer’s Compliance Showing deadlines with CAISO and CPUC.

Delivery of Product. (a) No later than the deadlines set forth in subsections (i) and (ii) below, Seller shall submit, or cause Seller’s SC(s) to submit: (i) No later than ten fifteen (1015) Business Days calendar days prior to Buyer’s Compliance Showing deadlines each year or Showing Month (as applicable), Notice to Buyer which shall include Seller’s Supply Plan for such year or Showing Month (as applicable) in (A) a form substantially similar to Exhibit FD, or (B) a form as communicated in writing by Buyer to Seller no later than fifteen (15) Business Days prior to Buyer’s Compliance Showing deadlines for such year or Showing Month (as applicable). Such Supply Plan shall include the Qualifying Capacity for each PDR identified by Seller pursuant to Section 1.4(a)(i), the sum of which shall not exceed the Monthly Contracted Quantity. (ii) No later than ten (10) Business Days prior to the deadline for Seller’s Supply Plan submission in subsection (i) immediately above, the additional information required by the implementation guidelines set forth in D.00-00-000, Appendix A, as modified by D.00-00-000 and D.00-00-000, and set forth with more specificity in attached hereto as Exhibit G F (the “QC Implementation Guidelines”), including the Qualifying Capacity for each PDR identified by Seller pursuant to Section 1.4(a)(i), presented in the standardized reporting format developed by the CPUC pursuant to Ordering Paragraph 8 of D.00-00-000. If the information provided pursuant to Exhibit G supports an estimated Qualifying Capacity greater than the amount of Qualifying Capacity Seller will identify for such PDR on the Supply Plan pursuant to Section 3.1(a)(i), Seller shall also provide such Supply Plan amount for such PDR. If Buyer has any questions or concerns about the information provided as modified by Seller pursuant to this Section 3.1(a)(ii), Buyer shall, to the extent reasonably practicable, request clarification from Seller and take into consideration any clarification or additional information timely provided by SellerD.00-00-000. (b) No later than eight (8) Business Days prior to Buyer’s Compliance Showing deadlines each year or Showing Month (as applicable), Buyer shall issue a Notice to Seller in the event Buyer intends to include in Buyer’s applicable compliance filings any amount less than the quantities in Seller’s Supply Plan submitted to Buyer (“QC De-Rate Notice”). The QC De-Rate Notice will include the amount of the de-rate to such quantities and will identify the shortcomings or deficiencies in the information provided by Seller pursuant to Section 3.1(a)(ii). If Buyer issues a QC De-Rate Notice, then Seller shall provide Notice to Buyer, no later than five (5) Business Days after receipt of such QC De-Rate Notice, that Seller will either: (i) reduce the quantities in its Supply Plan for the applicable Showing Month to conform to the quantities shown in the QC De-Rate Notice (or such other amount as may be agreed in writing by Buyer and Seller); or (ii) perform a DC Dispatch or DC Test during the applicable Showing Month. In all cases, if the Parties do not agree upon the reduction in Seller’s Supply Plan quantities under subsection 3.1(b)(i) above, then a DC Dispatch or DC Test shall be required for each and every Showing Month for which Buyer has issued a QC De-Rate Notice. (c) Seller shall, on a timely basis, submit, or cause its SC to submit, a Supply Plan to CAISO in accordance with the CAISO Tariff. The quantities in the Supply Plan that is submitted to the Buyer under Section 3.1(a)(i) shall exactly match what is submitted by the Seller or its SC to the CAISO due on the earliest monthly applicable Buyer’s Compliance Showing deadlines with CAISO and CPUC.

Delivery of Product. (a) No later than the deadlines set forth in subsections (i) and (ii) below, Seller shall submit, or cause Seller’s SC(s) to submit: (i) No later than ten (10) Business Days prior to Buyer’s Compliance Showing deadlines each year or Showing Month (as applicable), Notice to Buyer which shall include Seller’s Supply Plan for such year or Showing Month (as applicable) in (A) a form substantially similar to Exhibit F, or (B) a form as communicated in writing by Buyer to Seller no later than fifteen (15) Business Days prior to Buyer’s Compliance Showing deadlines for such year or Showing Month (as applicable). Such Supply Plan shall include the Qualifying Capacity for each PDR identified by Seller pursuant to Section 1.4(a)(i), the sum of which shall not exceed the Monthly Contracted Quantity. (ii) No later than ten (10) Business Days prior to the deadline for Seller’s Supply Plan submission in subsection (i) immediately above, the additional information required by the implementation guidelines set forth in D.00-00-000, Appendix A, as modified by D.00-00-000 and D.00-00-000, and set forth with more specificity in Exhibit G (the “QC Implementation Guidelines”), including the Qualifying Capacity for each PDR identified by Seller pursuant to Section 1.4(a)(i), presented in the standardized reporting format developed by the CPUC pursuant to Ordering Paragraph 8 of D.00-00-000. If the information provided pursuant to Exhibit G supports an estimated Qualifying Capacity greater than the amount of Qualifying Capacity Seller will identify for such PDR on the Supply Plan pursuant to Section 3.1(a)(i), Seller shall also provide such Supply Plan amount for such PDR. If Buyer has any questions or concerns about the information provided by Seller pursuant to this Section 3.1(a)(ii), Buyer shall, to the extent reasonably practicable, request clarification from Seller and take into consideration any clarification or additional information timely provided by Seller. (b) No later than eight (8) Business Days prior to Buyer’s Compliance Showing deadlines each year or Showing Month (as applicable), Buyer shall issue a Notice to Seller in the event Buyer intends to include in Buyer’s applicable compliance filings any amount less than the quantities in Seller’s Supply Plan submitted to Buyer (“QC De-Rate Notice”). The QC De-Rate Notice will include the amount of the de-rate to such quantities and will identify the shortcomings or deficiencies in the information provided by Seller pursuant to Section 3.1(a)(ii). If Buyer issues a QC De-Rate Notice, then Seller shall provide Notice to Buyer, no later than five (5) Business Days after receipt of such QC De-Rate Notice, that Seller will either: (i) reduce the quantities in its Supply Plan for the applicable Showing Month to conform to the quantities shown in the QC De-Rate Notice (or such other amount as may be agreed in writing by Buyer Xxxxx and Seller); or (ii) perform a DC Dispatch or DC Test during the applicable Showing Month. In all cases, if the Parties do not agree upon the reduction in Seller’s Supply Plan quantities under subsection 3.1(b)(i) above, then a DC Dispatch or DC Test shall be required for each and every Showing Month for which Buyer has issued a QC De-Rate Notice. (c) Seller shall, on a timely basis, submit, or cause its SC to submit, a Supply Plan to CAISO in accordance with the CAISO Tariff. The quantities in the Supply Plan that is submitted to the Buyer under Section 3.1(a)(i) shall exactly match what is submitted by the Seller or its SC to the CAISO due on the earliest monthly applicable Buyer’s Compliance Showing deadlines with CAISO and CPUC.