Environmental Certification and Administration. Without limiting the Seller’s obligation to deliver Energy in compliance with the Project Standards, the Seller will, at the Buyer’s request, use commercially reasonable efforts to apply for, and diligently pursue and maintain, any certification, licensing or approval offered by any Governmental Authority or independent certification agency that is identified by the Buyer evidencing that the Seller’s Plant and the Delivered Energy has Environmental Attributes, and the Buyer will reimburse the Seller for any certification, audit and licensing fees charged by the applicable Governmental Authority or independent certification agency for such certification, licensing or approval that the Buyer requires the Seller to obtain. The Buyer may elect to manage, or have its Affiliate manage, all or a portion of any certification, licensing or approval process with a Governmental Authority or independent certification agency, in which case the Seller will use commercially reasonable efforts to cooperate and provide timely assistance and information to the Buyer or its Affiliate, as applicable. Notwithstanding the transfer of ownership of Environmental Attributes to the Buyer under this EPA, the Seller will remain responsible for compliance with any applicable environmental laws, or associated programs administered by a Governmental Authority, in respect of the Environmental Attributes. Any failure by the Seller to promptly comply with its obligations in this section 7.1 is a “material default” for the purposes of this EPA, and the Buyer may terminate this EPA under section 10.1(g).
