Exclusivity; Rights to Output and Payments. (i) Buyer shall have the exclusive right to any and all Products from each Unit, and Seller shall not dispatch or operate a Unit, or any portion thereof, or sell any Product associated with a Unit during the Delivery Term, to any Person other than Buyer other than pursuant to an Instructed Operation. For the avoidance of doubt, during the Delivery Term, Seller shall not cause the Unit to become subject to an RMR agreement or any other obligation to operate a Unit or deliver a Product to any other Person other than pursuant to an Instructed Operation, and Buyer shall have the exclusive right to enter into an RMR agreement with respect to any Unit and/or resell any Product from any Unit, provided in each case that the RMR agreement or resale would not result in a violation of the Operational Limitations of the affected Unit.
Appears in 3 contracts
Samples: Tolling Power Purchase Agreement, Tolling Power Purchase Agreement, Tolling Power Purchase Agreement
Exclusivity; Rights to Output and Payments. (i) Buyer i)Buyer shall have the exclusive right to any and all Products from each Unit, and Seller shall not dispatch or operate a Unit, or any portion thereof, or sell any Product associated with a Unit during the Delivery Services Term, to any Person other than Buyer other than pursuant to an Instructed Operation. For the avoidance of doubt, during the Delivery Services Term, Seller shall not cause the Unit to become subject to an RMR agreement or any other obligation to operate a Unit or deliver a Product to any other Person other than pursuant to an Instructed Operation, and Buyer shall have the exclusive right to enter into an RMR agreement with respect to any Unit and/or resell any Product from any Unit, provided in each case that the RMR agreement or resale would not result in a violation of the Operational Limitations of the affected Unit.
Appears in 2 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
