Environmental Attributes. Seller acknowledges and agrees that any Environmental Attribute associated with or related to the Product will not be sold or otherwise made available to a third party but will be sold to Buyer pursuant to this Agreement. For the avoidance of doubt, the Product sold hereunder must meet the definition of “renewable energy credit” under the IPA Act.
Environmental Attributes. (a) Without limiting Section 4.2, Seller shall, at its own expense:
(i) by the Delivery Term Commencement Date, (A) cause the Generating Facility, Storage Facility, Contract Capacity, Storage Capacity, Contract Energy, Storage Energy, and/or Environmental Attributes (as applicable) to be certified and otherwise qualified for and registered with all programs or systems that are Applicable Environmental Attribute Programs as of the Delivery Term Commencement Date (subject to the last sentence of Section 4.2(e)) and (B) otherwise qualify for, and enter into all agreements and make all other arrangements (and, without limiting the foregoing, obtain all necessary accounts) to obtain and transfer to Buyer, (1) the Environmental Attributes under each Applicable Environmental Attribute Programs referenced in clause (A) above and (2) the Guaranteed Environmental Attributes;
(ii) at all times comply with all reporting and other requirements of the Applicable Environmental Attribute Programs and Applicable Guaranteed Programs, including required reporting of the amount and type of Energy generated by the Facility and source of any Replacement EAs; and
(iii) upon the request of Buyer from time to time, (A) deliver or cause to be delivered to Buyer such attestations/certifications of Environmental Attributes and Replacement EAs and other documentation as may be required or advisable in Buyer’s reasonable discretion to comply with or otherwise participate in any Applicable Environmental Attribute Program or Applicable Guaranteed Program or to obtain and transfer to Buyer custody of, and give effect to and evidence the title of Buyer (as contemplated by Section 7.7(a)) in, all the Environmental Attributes and Replacement EAs and (B) otherwise provide full cooperation in connection with Xxxxx’s retirement or other use of the Environmental Attributes and Replacement EAs.
(b) The transfer of Environmental Attributes (and any Replacement EAs) to Buyer shall be accomplished by the means specified by Buyer, which may include the documentation described in Section 4.3(a)(iii) and/or by electronic delivery pursuant to any renewable energy or environmental attribute program or monitoring, tracking, certification or trading system designated by Buyer that is an Applicable Environmental Attribute Program (or, in the case of Replacement EAs, that applies to such Replacement EAs), and shall be completed by Seller by the EA Transfer Deadline. For each MW of Contract Capacity and Stora...
Environmental Attributes a) All right, title and interest in and to all benefits or entitlements associated with decreased environmental impacts now or in the future, direct or indirect, arising as a result of, relating to or in connection with the electricity savings for which an incentive has been paid, and the right to quantify and register these, including any energy efficiency certificate, renewable energy certificate, credit, reduction right, offset, allocated pollution right, emission, reduction allowance (collectively, the “Electricity Savings Environmental Attributes”) will be allocated on a proportionate basis, with the IESO owning an amount equal to the total quantity of Electricity Savings Environmental Attributes multiplied by the Environmental Attribute Funding Percentage (the result being the “IESO Environmental Attributes”) and the Participant owning the remaining quantity of Electricity Savings Environmental Attributes (the “Participant Environmental Attributes”), where Environmental Attribute Funding Percentage means, in respect of an Eligible Measure purchase and installed, the total incentive amount paid to the Participant and funded by the IESO in respect of the Measure, divided by the total amount of actual costs incurred by the Participant that meet the eligibility requirements for such costs set out under these terms and conditions, multiplied by 100, and expressed as a percentage.
b) The Participant shall notify the IESO in writing prior to assigning, transferring, encumbering, submitting for compliance purposes, trading or otherwise using (collectively, “realizing”) any of the Participant Environmental Attributes, with such notice to include: (i) the quantity of Participant Environmental Attributes to which the Participant believes it is entitled; (ii) the quantity of Electricity Savings Environmental Attributes and the Environmental Attributes Funding Percentage used to determine the quantity of Participant Environmental Attributes; and (iii) supporting calculations and data used to determine the total quantity of Electricity Savings Environmental Attributes and the Environmental Attribute Funding Percentage.
c) The Participant agrees that all right, title and interest in and to all benefits or entitlements associated with the IESO Environmental Attributes are hereby transferred and assigned by the Participant to, or to the extent transfer or assignment is not permitted, held in trust for, the IESO and its successors and assigns.
d) The IESO will be enti...
Environmental Attributes. All Environmental Attributes and associated Reporting Rights available in connection with the System installed at the Site are retained and owned by Customer or its assignee. Provider shall take all reasonable measures to assist Customer in obtaining all Environmental Attributes currently available or subsequently made available in connection with the System installed at the Site. At Customer’s request and expense, Provider shall execute all such documents and instruments reasonably necessary or desirable to effect or evidence Customer’s or its assignee’s right, title and interest in and to the Environmental Attributes. If the standards used to qualify the Environmental Attributes to which Customer is entitled under this Agreement are changed or modified, Provider shall, at Customer’s request and expense, use all reasonable efforts to cause the Environmental Attributes to comply with new standards as changed or modified. If Provider fails to act in good faith in completing documentation or taking actions reasonably requested by Customer, and such failure results in the loss of an Environmental Attribute that would otherwise be available, Provider shall reimburse Customer for the full amount of such lost Environmental Attribute.
Environmental Attributes. Subscriber acknowledges and agrees that any and all Environmental Attributes associated with the Solar Facility shall remain the property of the Cooperative and Subscriber agrees not to make any statement contrary to such ownership by the Cooperative. “Environmental Attributes” means and includes all rights, credits, benefits, emissions reductions, offsets, and allowances resulting from the environmental or renewable characteristics or attributes of the Solar Facility or the avoidance of the emission of any greenhouse gas, chemical, or pollutant to the air, soil or water, which are deemed of value by the Cooperative, in each case now or hereafter created or recognized by any governmental authority or independent certification association and generated by or associated with the Solar Facility, including without limitation any renewable energy credits (RECs) or similar rights arising under the Wisconsin Renewable Portfolio Standard (RPS), any federal or state renewable portfolio standard, and any credits, offsets or similar rights arising under any federal or state carbon legislation or regulation or any voluntary or government-mandated carbon trading program.
Environmental Attributes. (a) For and in consideration of Purchaser entering into this Agreement, and in addition to the agreement by Purchaser and Seller to purchase and sell Output on the terms and conditions set forth herein, Seller hereby transfers, assigns and conveys to Purchaser, and Purchaser accepts and receives from Seller, all right, title, and interest in and to the Environmental Attributes, if any, whether now existing or subsequently generated or acquired (other than by direct purchase from a third party) by Seller, or that hereafter come into existence, during the Term, as a component of the Output purchased by Purchaser from Seller hereunder. Seller shall transfer and make such Environmental Attributes available to Purchaser immediately to the fullest extent allowed by Applicable Law upon Seller’s production or acquisition of the Environmental Attributes. Seller acknowledges and agrees that the Contract Price includes the full compensation for the transfer and sale of the Environmental Attributes to Purchaser.
(b) Seller shall not assign, transfer, convey, encumber, sell, or otherwise dispose of any portion of the Environmental Attributes to any Person other than Purchaser.
(c) Seller shall not report to any Person that the Environmental Attributes granted hereunder to Purchaser belong to anyone other than Purchaser, and Purchaser may report under any program that such attributes purchased hereunder belong to Purchaser. Seller shall not make any filing or statements inconsistent with Purchaser’s ownership of the Environmental Attributes.
(d) Seller shall, at Seller’s cost, register the System with the RTO, and take all other actions necessary to ensure that the Output or Environmental Attributes produced by the System are issued and tracked through RTO for purposes of satisfying the requirements of any Virginia renewable energy portfolio standard and transferred to Purchaser, as applicable.
(e) Seller shall document the production of Environmental Attributes under this Agreement by delivering on an annual basis to Purchaser an attestation of Environmental Attributes produced by the System and purchased by Purchaser in the preceding Billing Year. On or before the anniversary of each Billing Year following the Actual Commercial Operation Date, Seller shall document the transfer of Environmental Attributes to Purchaser hereunder by executing and delivering to Purchaser an attestation of Environmental Attributes transferred under this Agreement in the preceding Billing ...
Environmental Attributes.
(a) The Buyer shall have no interest hereunder in any Environmental Attributes arising from the operation of the Facility or, except in respect of any Future Capacity Related Products, other products or services associated with the generation of Electricity by the Facility.
(b) The Supplier shall, at its sole expense, be responsible for complying with any Laws and Regulations relating to environmental matters that may require the use or procurement of Environmental Attributes, including any costs associated with obtaining, qualifying and registering Environmental Attributes for the operation of the Facility or otherwise.
Environmental Attributes. “Environmental Attributes” shall have the definition set forth in the Power Purchase Agreement.
Environmental Attributes. Upon request by any Buyer’s Authorized Representative, Seller shall take all actions and execute all documents or instruments necessary under applicable law, bilateral arrangements or other voluntary Environmental Attribute programs of any kind, as applicable, to maximize the attribution, accrual, realization, generation, production, recognition and validation of Environmental Attributes throughout the Agreement Term.
Environmental Attributes. All Environmental Attributes and associated Reporting Rights available in connection with the System are retained and owned by Customer or its assignee. Provider shall take all reasonable measures to assist Customer in obtaining all Environmental Attributes currently available or subsequently made available in connection with the System. At Customer’s request and expense, Provider shall execute all such documents and instruments reasonably necessary or desirable to effect or evidence Customer’s or its assignee right, title and interest in and to the Environmental Attributes. If the standards used to qualify the Environmental Attributes to which Customer is entitled under this Agreement are changed or modified, Provider shall, at Customer’s request and expense, use all reasonable efforts to cause the Environmental Attributes to comply with new standards as changed or modified. If Provider fails to act in good faith in completing documentation or taking actions reasonably requested by Customer, and such failure results in the loss of an Environmental Attribute that would otherwise be available, Provider shall reimburse Customer for the full amount of such lost Environmental Attribute.
