Development of Operating Instructions. Buyer and Seller shall jointly develop the written Operating Instructions for the Project by no later than ninety (90) Days prior to the Project COD Target Date Extended. The Operating Instructions shall be consistent with this Agreement and shall conform to the Project’s and Connecting Transmission Owner’s Electrical System operating parameters and characteristics that are in effect on or after the date of this Agreement and the NYISO Rules. The Operating Instructions may be revised from time to time to the extent mutually agreed in writing by the Parties. Unless otherwise agreed upon by the Parties, the Operating Instructions will provide that Buyer shall be responsible for all communications and transactions with NYISO relating to the Project, including without limitation, registering capacity, scheduling test and Delivered Energy and acting as the market participant and financial participant, and Seller shall provide such information regarding the Project or its operation that Buyer may be required to report to the NYISO. The Operating Instructions shall contain a level of detail reasonably required by Buxxx xnd Seller to perform their respective obligations under this Agreement. Technical Requirements Seller shall ensure that the Project complies in all material respects with the technical requirements set forth in APPENDIX 18: TECHNICAL REQUIREMENTS. Test Energy On or before seventy (70) Days prior to the Project COD, Seller shall provide Buyer with its good faith estimate of the quantity of (i) Charging Energy and Station Service Energy required by the Project during the testing period prior to the Project COD (the “Test Period”), and (ii) the Delivered Energy to be produced by the Project during the Test Period (such Delivered Energy, the “Test Energy”). Station Service Energy required during the Test Period will be invoiced by Buxxx xn the first Monthly Invoice after the Project COD and will be reimbursed by Buxxx xo Seller in accordance with APPENDIX 5: MONTHLY ENERGY PAYMENT. Station Service Energy Seller shall have responsibility to obtain such Station Service Energy as applicable to the Project. The cost of Station Service Energy provided by Seller shall be included as Monthly Pass-Through Charges that constitute part of the Monthly Energy Payment. No Immunity Claim Buyer warrants and covenants that with respect to its contractual obligations hereunder and performance thereof, it will not claim immunity on the grounds of sovereignty or similar...
Development of Operating Instructions. Buyer and Seller shall jointly develop the written Operating Instructions for the Project by no later than ninety (90) Days prior to the Project COD Target Date Extended. The Operating Instructions shall be consistent with this Agreement and shall conform to the Project’s and Connecting Transmission Owner’s Electrical System operating parameters and characteristics that are in effect on or after the date of this Agreement and the NYISO Rules. The Operating Instructions may be revised from time to time to the extent mutually agreed in writing by the Parties. Unless otherwise agreed upon by the Parties, the Operating Instructions will provide that Buyer shall be responsible for all communications and transactions with NYISO relating to the Project, including without limitation, registering capacity, scheduling test and Delivered Energy and acting as the market participant and financial participant, and Seller shall provide such information regarding the Project or its operation that Buyer may be required to report to the NYISO. The Operating Instructions shall contain a level of detail reasonably required by Xxxxx and Seller to perform their respective obligations under this Agreement.
Development of Operating Instructions. The Parties shall jointly develop written Operating Instructions no later than sixty (60) Days prior to the Commercial Operation Date. The Operating Instructions will be based on the design of the Project and will conform to Connecting Transmission Owner’s Electrical System operating standards and NYISO Rules. Such instructions shall be in a level of detail reasonably required by Xxxxx. The Operating Instructions shall be revised to the extent mutually agreed in writing by the Parties to continue coordination of the operation and Dispatch of Seller’s Project in accordance with NYISO Rules. 43
