Common use of Emission Allowances/Environmental Attributes Clause in Contracts

Emission Allowances/Environmental Attributes. All emission allowances and Environmental Attributes, including, but not limited to, any greenhouse gas emission reductions, at any time allocated to Seller’s Plant and associated with Delivered Energy are bundled with the Delivered Energy hereunder and cannot be separated by the Seller. Seller shall assign and/or execute any documents necessary to either (i) transfer ownership (to the extent owned by Seller; provided, however, that Seller shall take no action to circumvent Buyer’s acquisition of such allowances pursuant to this Subsection 3.3), or (ii) designate Buyer as Seller’s agent to acquire ownership, of any and all emission allowances and/or Environmental Attributes associated with Seller’s Plant for Buyer. The foregoing emission allowances and Environmental Attributes may be used by Buyer to satisfy the requirements of any applicable ordinances, laws, orders, rules or regulations pertaining to emission allowances and Environmental Attributes made by any governmental authority or public regulatory body. Notwithstanding the foregoing, (i) all federal production tax credits, (ii) any and all state and federal investment tax credits which are generated by the Plant or attributed to the Plant or Delivered Energy, (iii) any and all ownership benefits accruing to the Seller pursuant to applicable state and federal tax laws and associated accounting rules that are established for the Plant, and (iv) all Renewable Energy Credits remain the property of the Seller.

Emission Allowances/Environmental Attributes. All emission allowances and Environmental Attributes, including, but not limited to, including any greenhouse gas emission reductions, at any time allocated to Seller’s Plant and associated with Delivered Energy are bundled with Energy, shall be the Delivered Energy hereunder and cannot be separated by the Sellerproperty of Buyer. Seller shall shall, at no cost to Seller, assign and/or execute any documents necessary to either (i) transfer ownership (to the extent owned by Seller; provided, however, that Seller shall take no action to circumvent Buyer’s acquisition of such allowances pursuant to this Subsection 3.33.2), or (ii) designate Buyer as Seller’s agent to acquire ownership, of any and all emission allowances and/or Environmental Attributes (such as Renewable Energy Credits) associated with Seller’s Plant for BuyerBuyer up to the amount specified in this Subsection 3.2. Notwithstanding the foregoing, all Federal Tax Benefits and other state and local tax benefits shall remain the property of the Seller. The foregoing emission allowances and Environmental Attributes may be used by Buyer to satisfy the requirements of Act 295 and any other applicable ordinances, laws, orders, rules or regulations pertaining to emission allowances and Environmental Attributes (including, but not limited to, requirements for renewable energy production) made by any governmental authority or public regulatory body. Notwithstanding the foregoing, (i) all federal production tax credits, (ii) any and all state and federal investment tax credits which are generated by the Plant or attributed to the Plant or Delivered Energy, (iii) any and all ownership benefits accruing to the Seller pursuant to applicable state and federal tax laws and associated accounting rules that are established for the Plant, and (iv) all Renewable Energy Credits remain the property of the Seller.

Emission Allowances/Environmental Attributes. All emission allowances and Environmental Attributes, including, but not limited to, including any greenhouse gas emission reductions, at any time allocated to Seller’s Plant and associated with Delivered Energy are bundled with Energy, shall be the Delivered Energy hereunder and cannot be separated by the Sellerproperty of Buyer. Seller shall shall, at no cost to Seller, assign and/or execute any documents necessary to either (i) transfer ownership (to the extent owned by Seller; provided, however, that Seller shall take no action to circumvent Buyer’s acquisition of such allowances pursuant to this Subsection 3.3), or (ii) designate Buyer as Seller’s agent to acquire ownership, of any and all emission allowances and/or Environmental Attributes (such as renewable energy credits) associated with Seller’s Plant for BuyerBuyer up to the amount specified in this Subsection 3.3. Notwithstanding the foregoing, all Federal Tax Benefits and other state and local tax benefits shall remain the property of the Seller. The foregoing emission allowances and Environmental Attributes may be used by Buyer to satisfy the requirements of Act 295 and any other applicable ordinances, laws, orders, rules or regulations pertaining to emission allowances and Environmental Attributes (including, but not limited to, requirements for renewable energy production) made by any governmental authority or public regulatory body. Notwithstanding the foregoing, (i) all federal production tax credits, (ii) any and all state and federal investment tax credits which are generated by the Plant or attributed to the Plant or Delivered Energy, (iii) any and all ownership benefits accruing to the Seller pursuant to applicable state and federal tax laws and associated accounting rules that are established for the Plant, and (iv) all Renewable Energy Credits remain the property of the Seller.