During the Services Term. Seller shall Deliver Buyer’s Percentage Entitlement of the Products produced by or associated with the Facility, up to and including the Contract Maximum Amount, exclusively to Buyer, and Seller shall not sell, divert, grant, transfer or assign such Products or any right, claim, certificate or other attribute associated with such Products to any Person other than Buyer during the Term (a “Third Party Delivery”). Seller shall not enter into any agreement or arrangement under which such Products can be claimed by any Person other than Buyer. Buyer shall have the exclusive right to resell or convey the Products in its sole discretion. Notwithstanding the foregoing, nothing herein shall limit or restrict the right of Seller (a) to sell Energy and RECs and receive payment therefor in connection with (i) Energy, and RECs that are not Products, (ii) Rejected Purchases, or (iii) an exercise by Seller of its remedies under Section 9.3(a)(ii) or (b) to sell any capacity rights associated with the Facility for its own account and without any requirement of compensation or revenue crediting to the Buyer.
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
