Form of TC Sample Clauses

Form of TC. The TC for the Longhorn Temple Green Data Center Site shall be strictly in the form attached as Exhibit A hereto (the “Longhorn Temple Green Data Center Site TC”). Except with respect to the execution date, the Monthly Fixed Price Volume Schedule, and the Fixed Supply Price, which will be provided by Supplier prior to TC execution, neither party may modify the form or any terms of the Longhorn Temple Green Data Center Site TC without the prior written consent or written agreement of both parties to this Agreement. So long as Supplier has provided to Customer the Fixed Supply Price no less than two weeks prior to [***] by providing Customer with supporting documentation reasonably sufficient to enable Customer to verify the Fixed Supply Price, and provided that neither party is in material default of any of its obligations to the other party under the Lease or this Master Agreement, the parties shall enter into the Longhorn Temple Green Data Center Site TC on or before [***]. This transaction confirmation (this “TC”) is entered into pursuant to and in accordance with a Master Retail Electricity Supply Agreement by and between NetZero Energy LLC (“Supplier”) and Rhodium Renewables LLC (“Customer”) executed on August 31, 2021 (the “Master Agreement”). This TC shall be subject to, and incorporate, the terms and conditions of such Master Agreement and incorporate the definitions and provisions of the Datacenter Lease entered into by and between Temple Green Data LLC as Landlord and Customer as Tenant on the date hereof (the “Lease”). Notwithstanding anything to the contrary, any conflict between the Master Agreement or the Lease, this TC will govern and will be resolved in favor of this TC, but only with respect to the Account listed in the account schedule to this TC (“Account Schedule”). This TC supersedes all prior agreements and understandings with respect to the Account and may not be contradicted by any prior or contemporaneous oral or written agreement. Capitalized terms used herein but not defined will have the meanings ascribed to them in the Master Agreement.
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Form of TC. Subject to the terms of this Agreement, the ESA is hereby amended as follows and each party hereto consents to such amendment: (a) Section 22 of the ESA is hereby deleted in its entirety and replaced as follows: (A) From the date hereof until and including [***] (the “Spot Energy Purchase Period”), Customer shall have the right to source and pay for energy from a third party energy supplier (“Third Party Supplier”) to serve Customer’s requirements at the Longhorn Temple Green Data Center Site (as more fully described in the Lease, the “Data Center”), in which case Supplier shall, at Customer’s sole expense, reasonably cooperate with Customer and Third Party Supplier in connection therewith, including, without limitation, providing Third Party Supplier with use of the Substation and all required transmission facilities owned or controlled by Landlord, Supplier or any Affiliate of Landlord or Supplier. No later than [***] days prior to the expiration of the Spot Energy Purchase Period, as it may be extended from time to time, Customer and Supplier shall commence good faith discussions to extend the Spot Energy Purchase Period for a period of [***], including to account for adverse market conditions that make it uneconomical for Customer to source energy from Supplier. (B) In the event that Customer desires Supplier to provide electricity for the Data Center, and subject to the remainder of this Section 22, the Customer and Supplier shall use the form attached as Exhibit A-1 hereto (the “Initial TC”) for up to [***] MW of such supply, and the form attached as Exhibit A-2 (the “Additional Capacity TC”) for amounts in excess of [***] MW; provided that, unless agreed in a separate writing by Supplier and Customer, Supplier will have no obligation to deliver or provide electricity in excess of [***] MW to the Premises. (C) In the event that Customer desires Supplier to either (i) provide electricity for the Data Center or (ii) extend the Initial Term under and as defined in the Initial TC, or Additional Capacity TC, as applicable, then Customer shall provide no less than one (1) month prior written notice to Supplier of its intent (“TC Request”). Supplier shall respond by providing to Customer a copy of the terms and conditions of a market price hedge that Supplier is able to offer Customer at such time (“Supplier’s Offer”). If Customer and Supplier mutually agree upon a Monthly Fixed Price Volume Schedule and (x) Supplier is able to provide electricity for the t...
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Related to Form of TC

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