Common use of Equivalent Programs Clause in Contracts

Equivalent Programs. This Agreement may be modified or terminated by the Commission if there is a national, NYISO, or other program instituted that pays for or internalizes the value of the Facility’s zero-emissions attributes in a manner that adequately replicates the economics of the ZEC Program such that the Commission in its sole discretion is satisfied that the zero-emissions attributes are no longer at risk and that discontinuing the ZEC Program can be done in a manner that is fair to both the Facility owners and the New York State ratepayers. Nothing herein shall require NYSERDA or Seller to take any action violative of Applicable Law or an order of court of competent jurisdiction.