Eligible Renewable Resource. Seller shall take all actions necessary to achieve and maintain status as an Eligible Renewable Energy Resource or ERR. Within thirty (30) days after the Commercial Operation Date, Seller shall file an application or other appropriate request with the CEC for CEC Certification for the Facility. Seller shall expeditiously seek CEC Certification, including promptly responding to any requests for information from the requesting authority.
Eligible Renewable Resource. Seller will use commercially reasonable efforts to achieve and maintain status as an Eligible Renewable Energy Resource or ERR per the meaning set forth in California Public Utilities Code Section 399.12 and California Public Resources Code Section 25741, as either code provision is amended or supplemented from time to time.
Eligible Renewable Resource. Seller shall use commercially reasonable efforts to achieve and maintain the status of the Facility technology as an Eligible Renewable Resource (herein “ERR”) per the meaning set forth in California Public Utilities Code Section 399.12 and California Public Resources Code Section 25741, as either code provision is amended or supplemented from time to time. Within thirty (30) days after the Commercial Operation Date, Seller shall file an application or other appropriate request with the CEC for CEC Certification for the Facility. Seller shall expeditiously seek CEC Certification, including promptly responding to any requests for information from the requesting authority. Should Seller fail to maintain Facility as an ERR, Buyer shall have the right, but not obligation, to seek renegotiation of payment price from the CPUC. In no case of price renegotiation shall Seller may be paid less than value of energy produced. Eligible Intermittent Resources Protocol (“EIRP”) Requirements. For Facilities 1MW or larger, if at any time during the Term the Facility is eligible for EIRP, Seller shall provide Buyer with a copy of the notice of certification of Facility as Participating Intermittent Resource provided to Seller by CAISO as soon as practicable after receipt of such notice. Following such certification: (i) Seller at its sole cost shall participate in and comply with EIRP and all additional protocols issued by the CAISO relating to Participating Intermittent Resources (as defined in the CAISO Tariff), and (ii) Buyer in its limited capacity as Seller’s Scheduling Coordinator shall facilitate communication with the CAISO and provide other administrative materials to the CAISO as necessary to satisfy Seller’s obligations and to the extent such actions are at de minimis cost to Buyer.
