Further Action by Seller. Seller shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Related Products for Buyer’s benefit throughout the Term, which actions may include: Cooperating with the Governmental Authority responsible for resource adequacy administration to certify the Generating Facility for resource adequacy purposes; Testing the Generating Facility as may be required to certify the Generating Facility for resource adequacy purposes in accordance with the requirements set forth in the CAISO Tariff or as otherwise agreed to by the Parties; Committing to Buyer the Net Contract Capacity; and Complying with Applicable Laws regarding the registration, transfer or ownership of Green Attributes associated with the Related Products, including, if applicable to the Generating Facility, participation in WREGIS or other process recognized under Applicable Laws. With respect to WREGIS, at Buyer’s option, Seller shall cause and allow Buyer to be the “Qualified Reporting Entity” and “Account Holder” (as these two terms are defined by WREGIS) for the Generating Facility; Complying with all CAISO Tariff requirements applicable to a Resource Adequacy Resource; and If Buyer is not the Scheduling Coordinator: Timely submitting, or causing Seller’s Scheduling Coordinator to timely submit, Supply Plans to identify and confirm the Net Qualifying Capacity of the Generating Facility sold to Buyer as a Resource Adequacy Resource; and Causing the Generating Facility’s Scheduling Coordinator to certify to Buyer, within 15 Business Days before the relevant deadline for any applicable RAR Showing or LAR Showing, that Buyer will be credited with the Net Qualifying Capacity of the Generating Facility for such RAR Showing or LAR Showing in the Generating Facility’s Scheduling Coordinator’s Supply Plan.
Appears in 7 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Further Action by Seller. Seller shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Related Products for Buyer’s benefit throughout the Term, which actions may include: :
(i) Cooperating with the Governmental Authority responsible for resource adequacy administration to certify the Generating Facility for resource adequacy purposes; ;
(ii) Testing the Generating Facility as may be required to certify the Generating Facility for resource adequacy purposes in accordance with the requirements set forth in the CAISO Tariff or as otherwise agreed to by the Parties; ;
(iii) Committing to Buyer the Net Contract Capacity; and and
(iv) Complying with Applicable Laws regarding the registration, transfer or ownership of Green Attributes associated with the Related Products, including, if applicable to the Generating Facility, participation in WREGIS or other process recognized under Applicable Laws. With respect to WREGIS, at Buyer’s option, Seller shall cause and allow Buyer to be the “Qualified Reporting Entity” and “Account Holder” (as these two terms are defined by WREGIS) for the Generating Facility; ;
(v) Complying with all CAISO Tariff requirements applicable to a Resource Adequacy Resource; and and
(vi) If Buyer is not the Scheduling Coordinator: :
1) Timely submitting, or causing Seller’s Scheduling Coordinator to timely submit, Supply Plans to identify and confirm the Net Qualifying Capacity of the Generating Facility sold to Buyer as a Resource Adequacy Resource; and Causing the Generating Facility’s Scheduling Coordinator to certify to Buyer, within 15 Business Days before the relevant deadline for any applicable RAR Showing or LAR Showing, that Buyer will be credited with the Net Qualifying Capacity of the Generating Facility for such RAR Showing or LAR Showing in the Generating Facility’s Scheduling Coordinator’s Supply Plan.and
Appears in 6 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Further Action by Seller. Seller shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Related Products for Buyer’s benefit throughout the Term, which actions may include: :
(i) Cooperating with the Governmental Authority responsible for resource adequacy administration to certify the Generating Facility for resource adequacy purposes; ;
(ii) Testing the Generating Facility as may be required to certify the Generating Facility for resource adequacy purposes in accordance with the requirements set forth in the CAISO Tariff or as otherwise agreed to by the Parties; ;
(iii) Committing to Buyer the Net Contract Capacity; and ;
(iv) Complying with Applicable Laws regarding the registration, transfer or ownership of Green Attributes associated with the Related Products, including, if applicable to the Generating Facility, participation in WREGIS or other process recognized under Applicable Laws. With respect to WREGIS, at Buyer’s option, Seller shall cause and allow Buyer to be the “Qualified Reporting Entity” and “Account Holder” (as these two terms are defined by WREGIS) for the Generating Facility; ;
(v) Complying with all CAISO Tariff requirements applicable to a Resource Adequacy Resource; and and
(vi) If Buyer is not the Scheduling Coordinator: :
1) Timely submitting, or causing Seller’s Scheduling Coordinator to timely submit, Supply Plans to identify and confirm the Net Qualifying Capacity of the Generating Facility sold to Buyer as a Resource Adequacy Resource; and Causing the Generating Facility’s Scheduling Coordinator to certify to Buyer, within 15 Business Days before the relevant deadline for any applicable RAR Showing or LAR Showing, that Buyer will be credited with the Net Qualifying Capacity of the Generating Facility for such RAR Showing or LAR Showing in the Generating Facility’s Scheduling Coordinator’s Supply Plan.and
Appears in 6 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Further Action by Seller. Seller shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Related Products for Buyer’s benefit throughout the Term, which actions may include: :
(i) Cooperating with the Governmental Authority responsible for resource adequacy administration to certify the Generating Facility for resource adequacy purposes; ;
(ii) Testing the Generating Facility as may be required to certify the Generating Facility for resource adequacy purposes in accordance with the requirements set forth in the CAISO Tariff or as otherwise agreed to by the Parties; ;
(iii) Committing to Buyer the Net As-Available Contract Capacity; and ;
(iv) Complying with Applicable Laws regarding the registration, transfer or ownership of Green Attributes associated with the Related Products, including, if applicable to the Generating Facility, participation in WREGIS or other process recognized under Applicable Laws. With respect to WREGIS, at Buyer’s option, Seller shall cause and allow Buyer to be the “Qualified Reporting Entity” and “Account Holder” (as these two terms are defined by WREGIS) for the Generating Facility; ;
(v) Complying with all CAISO Tariff requirements applicable to a Resource Adequacy Resource; and and
(vi) If Buyer is not the Scheduling Coordinator: :
1) Timely submitting, or causing Seller’s Scheduling Coordinator to timely submit, Supply Plans to identify and confirm the Net Qualifying Capacity of the Generating Facility sold to Buyer as a Resource Adequacy Resource; and Causing the Generating Facility’s Scheduling Coordinator to certify to Buyer, within 15 Business Days before the relevant deadline for any applicable RAR Showing or LAR Showing, that Buyer will be credited with the Net Qualifying Capacity of the Generating Facility for such RAR Showing or LAR Showing in the Generating Facility’s Scheduling Coordinator’s Supply Plan.and
Appears in 4 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Further Action by Seller. Seller shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Related Products for Buyer’s benefit throughout the Term, which actions may shall include: Cooperating :
(i) If the Related Products include Capacity Attributes or Resource Adequacy Benefits, cooperating with the Governmental Authority responsible for resource adequacy administration to certify the Generating Facility for resource adequacy purposes; Testing ;
(ii) If the Related Products include Capacity Attributes or Resource Adequacy Benefits, testing the Generating Facility as may be required to certify the Generating Facility for resource adequacy purposes in accordance with the requirements set forth in the CAISO Tariff or as otherwise agreed to by the Parties; Tariff;
(iii) Committing to Buyer the Net Contract Capacity; and Project NQC;
(iv) Complying with Applicable Laws regarding the registration, transfer or ownership of Green Attributes associated with the Related Products, including, if applicable to the Generating Facility, participation in WREGIS or other process recognized under Applicable Laws. With respect to WREGIS, at Buyer’s option, Seller shall cause and allow Buyer to be the “Qualified Reporting Entity” and “Account Holder” (as these two terms are defined by WREGIS) for the Generating Facility; Complying ;
(v) If the Related Products include Capacity Attributes or Resource Adequacy Benefits, complying with all CAISO Tariff requirements and CAISO dispatches applicable to a Resource Adequacy Resource; and and
(vi) If Buyer is not the Scheduling Coordinator: Coordinator and the Related Products include Capacity Attributes or Resource Adequacy Benefits:
1) Timely submitting, or causing Seller’s Scheduling Coordinator to timely submit, Supply Plans to identify and confirm the Net Qualifying Capacity of the Generating Facility Project NQC sold to Buyer as a Resource Adequacy Resource; and Causing the Generating Facility’s Scheduling Coordinator to certify to Buyer, within 15 Business Days before the relevant deadline for any applicable RAR Showing or LAR Showing, that Buyer will be credited with the Net Qualifying Capacity of the Generating Facility for such RAR Showing or LAR Showing in the Generating Facility’s Scheduling Coordinator’s Supply Plan.and
Appears in 4 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Further Action by Seller. Subject to Section 1.11, commencing at least six (6) months before the Initial Synchronization Date and throughout the Delivery Term, Seller shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Related Products Green Attributes, Capacity Attributes and Resource Adequacy Benefits, if any, for BuyerSCE’s sole benefit throughout the Delivery Term, which actions may include: :
(i) Cooperating with and encouraging the Governmental Authority regional entity responsible for resource adequacy administration to certify or qualify the Contract Capacity for resource adequacy purposes, if applicable;
(ii) Testing the Generating Facility in order to certify the Generating Facility for resource adequacy purposes; Testing , if applicable;
(iii) Complying with all current and future CAISO Tariff provisions that address resource adequacy and are applicable to the Generating Facility as may be required to certify the Generating Facility for resource adequacy purposes in accordance with the requirements set forth in the CAISO Tariff or as otherwise agreed to by the Parties; Committing to Buyer the Net Contract Capacity; Facility, including provisions regarding performance obligations and penalties, if applicable;
(iv) Complying with Applicable Laws regarding the certification and transfer of Renewable Energy Credits, including participation in the Western Renewable Energy Generation Information System (“WREGIS”) or other process recognized under Applicable Laws for the registration, transfer or ownership of Green Attributes associated with the Related Products, including, if applicable to the Generating Facility, participation in WREGIS or other process recognized under Applicable Laws. With respect to WREGIS, at Buyer’s option, Seller shall cause and allow Buyer SCE to be the “Qualified Reporting Entity” and “Account Holder” (as these two terms are defined by WREGIS) for the Generating Facility; Complying with all CAISO Tariff requirements applicable ;
(v) Committing to a Resource Adequacy Resource; and If Buyer is not SCE the Scheduling Coordinator: Timely submitting, or causing Seller’s Scheduling Coordinator to timely submit, Supply Plans to identify and confirm the Net Qualifying Capacity entire Metered Amounts of the Generating Facility sold to Buyer as a Facility; and
(vi) Pursuing and obtaining any and all Capacity Attributes and Resource Adequacy Resource; and Causing Benefits to the Generating Facility’s Scheduling Coordinator to certify to Buyerextent that Applicable Laws, within 15 Business Days before including as may be changed after the relevant deadline Effective Date, allow for any applicable RAR Showing Capacity Attributes or LAR Showing, that Buyer will Resource Adequacy Benefits to be credited with obtained other than by the Net Qualifying Capacity completion of the Generating Facility for such RAR Showing or LAR Showing in the Generating Facility’s Scheduling Coordinator’s Supply Plandeliverability network upgrades.
Appears in 3 contracts
Samples: Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement
Further Action by Seller. Seller shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Related Products for Buyer’s benefit throughout the Term, which actions may include: Cooperating with the Governmental Authority responsible for resource adequacy administration to certify the Generating Facility for resource adequacy purposes; Testing the Generating Facility as may be required to certify the Generating Facility for resource adequacy purposes in accordance with the requirements set forth in the CAISO Tariff or as otherwise agreed to by the Parties; Committing to Buyer the Net As-Available Contract Capacity; and Complying with Applicable Laws regarding the registration, transfer or ownership of Green Attributes associated with the Related Products, including, if applicable to the Generating Facility, participation in WREGIS or other process recognized under Applicable Laws. With respect to WREGIS, at Buyer’s option, Seller shall cause and allow Buyer to be the “Qualified Reporting Entity” and “Account Holder” (as these two terms are defined by WREGIS) for the Generating Facility; Complying with all CAISO Tariff requirements applicable to a Resource Adequacy Resource; and If Buyer is not the Scheduling Coordinator: Timely submitting, or causing Seller’s Scheduling Coordinator to timely submit, Supply Plans to identify and confirm the Net Qualifying Capacity of the Generating Facility sold to Buyer as a Resource Adequacy Resource; and Causing the Generating Facility’s Scheduling Coordinator to certify to Buyer, within 15 Business Days before the relevant deadline for any applicable RAR Showing or LAR Showing, that Buyer will be credited with the Net Qualifying Capacity of the Generating Facility for such RAR Showing or LAR Showing in the Generating Facility’s Scheduling Coordinator’s Supply Plan.
Appears in 2 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Further Action by Seller. Subject to Sections 1.11, as applicable, commencing at least six (6) months before the Initial Synchronization Date and throughout the Delivery Term, Seller shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Related Products Green Attributes, for BuyerAnaheim’s sole benefit throughout the Delivery Term, which actions may include: Cooperating with the Governmental Authority responsible for resource adequacy administration to certify the Generating Facility for resource adequacy purposes; Testing the Generating Facility as may be required to certify the Generating Facility for resource adequacy purposes in accordance with the requirements set forth in the CAISO Tariff or as otherwise agreed to by the Parties; Committing to Buyer the Net Contract Capacity; and :
(i) Complying with Applicable Laws regarding the certification and transfer of Renewable Energy Credits, including participation in the Western Renewable Energy Generation Information System (“WREGIS”) or other process recognized under Applicable Laws for the registration, transfer or ownership of Green Attributes associated with the Related Products, including, if applicable to the Generating Facility, participation in WREGIS or other process recognized under Applicable Laws. With respect to WREGIS, at Buyer’s option, Seller shall cause and allow Buyer to be the designate a “Qualified Reporting Entity” and “Account Holder” (as these two terms are defined by WREGIS) for the Generating Facility; Complying and this “Qualified Reporting Entity” and “Account Holder” shall comply with any and all CAISO Tariff requirements applicable WREGIS requirements. Seller shall provide to a Resource Adequacy ResourceAnaheim Notice of the designation within three (3) days of its occurrence. Seller shall be fully responsible to Anaheim for all acts and omissions of the designated “Qualified Reporting Entity” and “Account Holder”. All duties, responsibilities, and obligations of Seller under this Agreement shall remain with Seller irrespective of the designation of the “Qualified Reporting Entity” and “Account Holder”. Nothing in this Agreement shall create any contractual relationship between Anaheim and the designated “Qualified Reporting Entity” and “Account Holder” nor shall it create any obligation on the part of Anaheim to pay or to see to the payment of any monies due to any such “Qualified Reporting Entity” and “Account Holder” other than as otherwise required by law; and If Buyer is not and
(ii) Committing to Anaheim the Scheduling Coordinator: Timely submitting, or causing Seller’s Scheduling Coordinator to timely submit, Supply Plans to identify and confirm the Net Qualifying Capacity full output of the Generating Facility sold to Buyer as a Resource Adequacy Resource; and Causing the Generating Facility’s Scheduling Coordinator to certify to Buyer, within 15 Business Days before the relevant deadline for any applicable RAR Showing or LAR Showing, that Buyer will be credited with the Net Qualifying Capacity of the Generating Facility for such RAR Showing or LAR Showing extent set forth in the Generating Facility’s Scheduling Coordinator’s Supply PlanSection 3.01(a).
Appears in 2 contracts
Samples: Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement
Further Action by Seller. Seller shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Related Products for Buyer’s benefit throughout the Term, which actions may include: Cooperating with the Governmental Authority responsible for resource adequacy administration to certify the Generating Facility for resource adequacy purposes; Testing the Generating Facility as may be required to certify the Generating Facility for resource adequacy purposes in accordance with the requirements set forth in the CAISO Tariff or as otherwise agreed to by the Parties; Committing to Buyer the Net Contract Capacity; and Complying with Applicable Laws regarding the registration, transfer or ownership of Green Attributes associated with the Related Products, including, if applicable to the Generating Facility, participation in WREGIS or other process recognized under Applicable Laws. With respect to WREGIS, at Buyer’s option, Seller shall cause and allow Buyer to be the “Qualified Reporting Entity” and “Account Holder” (as these two terms are defined by WREGIS) for the Generating Facility; Complying with all CAISO Tariff requirements applicable to a Resource Adequacy Resource; and If Buyer is not the Scheduling Coordinator: Timely submitting, or causing Seller’s Scheduling Coordinator to timely submit, Supply Plans to identify and confirm the Net Qualifying Capacity of the Generating Facility sold to Buyer as a Resource Adequacy Resource; and Causing the Generating Facility’s Scheduling Coordinator to certify to Buyer, within 15 Business Days before the relevant deadline for any applicable RAR Showing or LAR Showing, that Buyer will be credited with the Net Qualifying Capacity of the Generating Facility for such RAR Showing or LAR Showing in the Generating Facility’s Scheduling Coordinator’s Supply Plan.
Appears in 2 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Further Action by Seller. Subject to Section 1.11, commencing at least six (6) months before the Initial Synchronization Date and throughout the Delivery Term, Seller shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Related Products Green Attributes, Capacity Attributes and Resource Adequacy Benefits, if any, for BuyerSCE’s sole benefit throughout the Delivery Term, which actions may include: :
(i) Cooperating with and encouraging the Governmental Authority regional entity responsible for resource adequacy administration to certify or qualify the Contract Capacity for resource adequacy purposes, if applicable; Article Three -- §3.01 Term and Conditions Precedent; Termination
(ii) Testing the Generating Facility in order to certify the Generating Facility for resource adequacy purposes; Testing , if applicable;
(iii) Complying with all current and future CAISO Tariff provisions that address resource adequacy and are applicable to the Generating Facility as may be required to certify the Generating Facility for resource adequacy purposes in accordance with the requirements set forth in the CAISO Tariff or as otherwise agreed to by the Parties; Committing to Buyer the Net Contract Capacity; Facility, including provisions regarding performance obligations and penalties, if applicable;
(iv) Complying with Applicable Laws regarding the certification and transfer of Renewable Energy Credits, including participation in the Western Renewable Energy Generation Information System (“WREGIS”) or other process recognized under Applicable Laws for the registration, transfer or ownership of Green Attributes associated with the Related Products, including, if applicable to the Generating Facility, participation in WREGIS or other process recognized under Applicable Laws. With respect to WREGIS, at Buyer’s option, Seller shall cause and allow Buyer SCE to be the “Qualified Reporting Entity” and “Account Holder” (as these two terms are defined by WREGIS) for the Generating Facility; Complying with all CAISO Tariff requirements applicable ;
(v) Committing to a Resource Adequacy Resource; and If Buyer is not SCE the Scheduling Coordinator: Timely submitting, or causing Seller’s Scheduling Coordinator to timely submit, Supply Plans to identify and confirm the Net Qualifying Capacity entire Metered Amounts of the Generating Facility sold to Buyer as a Facility; and
(vi) Pursuing and obtaining any and all Capacity Attributes and Resource Adequacy Resource; and Causing Benefits to the Generating Facility’s Scheduling Coordinator to certify to Buyerextent that Applicable Laws, within 15 Business Days before including as may be changed after the relevant deadline Effective Date, allow for any applicable RAR Showing Capacity Attributes or LAR Showing, that Buyer will Resource Adequacy Benefits to be credited with obtained other than by the Net Qualifying Capacity completion of the Generating Facility for such RAR Showing or LAR Showing in the Generating Facility’s Scheduling Coordinator’s Supply Plandeliverability network upgrades.
Appears in 2 contracts
Samples: Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement
Further Action by Seller. Subject to Section 1.11, commencing at least six (6) months before the Initial Synchronization Date and throughout the Delivery Term, Seller shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Related Products Green Attributes, Capacity Attributes and Resource Adequacy Benefits, if any, for BuyerSCE’s sole benefit throughout the Delivery Term, which actions may include: :
(i) Cooperating with and encouraging the Governmental Authority regional entity responsible for resource adequacy administration to certify or qualify the Contract Capacity for resource adequacy purposes, if applicable;
(ii) Testing the Generating Facility in order to certify the Generating Facility for resource adequacy purposes; Testing ;
(iii) Complying with all current and future CAISO Tariff provisions that address resource adequacy and are applicable to the Generating Facility as may be required to certify the Generating Facility for resource adequacy purposes in accordance with the requirements set forth in the CAISO Tariff or as otherwise agreed to by the Parties; Committing to Buyer the Net Contract Capacity; Facility, including provisions regarding performance obligations and penalties, if applicable;
(iv) Complying with Applicable Laws regarding the certification and transfer of Renewable Energy Credits, including participation in the Western Renewable Energy Generation Information System (“WREGIS”) or other process recognized under Applicable Laws for the registration, transfer or ownership of Green Attributes associated with the Related Products, including, if applicable to the Generating Facility, participation in WREGIS or other process recognized under Applicable Laws. With respect to WREGIS, at Buyer’s option, Seller shall cause and allow Buyer SCE to be the “Qualified Reporting Entity” and “Account Holder” (as these two terms are defined by WREGIS) for the Generating Facility; Complying with all CAISO Tariff requirements applicable ;
(v) Committing to a Resource Adequacy Resource; and If Buyer is not SCE the Scheduling Coordinator: Timely submitting, or causing Seller’s Scheduling Coordinator to timely submit, Supply Plans to identify and confirm the Net Qualifying Capacity of the Generating Facility sold to Buyer as a Resource Adequacy Resource; and Causing entire Metered Amounts from the Generating Facility’s Scheduling Coordinator ; and
(vi) Pursuing and obtaining any and all Capacity Attributes and Resource Adequacy Benefits to certify to Buyerthe extent that Applicable Laws, within 15 Business Days before including as may be changed after the relevant deadline Effective Date, allow for any applicable RAR Showing Capacity Attributes or LAR Showing, that Buyer will Resource Adequacy Benefits to be credited with obtained other than by the Net Qualifying Capacity completion of the Generating Facility for such RAR Showing or LAR Showing Deliverability Network Upgrades identified in the Generating FacilitySeller’s Scheduling Coordinator’s Supply Planinterconnection agreement.
Appears in 1 contract
Further Action by Seller. Subject to Sections Two.12 and Five.1(c), as applicable, throughout the Delivery Term, Seller shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate effectuate, and maintain, the use of the Related Products Green Attributes and, if applicable, Capacity Attributes, Full Capacity Deliverability Status, and Resource Adequacy Benefits, for BuyerAnaheim’s sole benefit throughout the Delivery Term, which actions may include: Cooperating with and encouraging the Governmental Authority regional entity responsible for resource adequacy administration to certify or qualify the Contract Capacity for resource adequacy purposes; Testing the Generating Facility as required in order to certify the Generating Facility for resource adequacy purposes; Testing Complying with all current and future CAISO Tariff provisions that address resource adequacy and are applicable to the Generating Facility as may be required to certify the Generating Facility for resource adequacy purposes in accordance with the requirements set forth in the CAISO Tariff or as otherwise agreed to by the PartiesFacility, including provisions regarding performance obligations and penalties; Committing to Buyer the Net Contract Capacity; and Complying with Applicable Laws regarding the certification and transfer of Renewable Energy Credits, including participation in the Western Renewable Energy Generation Information System (“WREGIS”) or other process recognized under Applicable Laws for the registration, transfer or ownership of Green Attributes associated with the Related Products, including, if applicable to the Generating Facility, participation in WREGIS or other process recognized under Applicable Laws. With respect to WREGIS, at Buyer’s option, Seller shall cause and allow Buyer to be the designate a “Qualified Reporting Entity” and “Account Holder” (as these two terms are defined by WREGIS) for the Generating Facility; Complying and this “Qualified Reporting Entity” and “Account Holder” shall comply with any and all CAISO Tariff requirements applicable WREGIS requirements. Seller shall provide to a Resource Adequacy ResourceAnaheim Notice of the designation within three (3) days of its occurrence. Seller shall be fully responsible to Anaheim for all acts and omissions of the designated “Qualified Reporting Entity” and “Account Holder”. All duties, responsibilities, and obligations of Seller under this Agreement shall remain with Seller irrespective of the designation of the “Qualified Reporting Entity” and “Account Holder”. Nothing in this Agreement shall create any contractual relationship between Anaheim and the designated “Qualified Reporting Entity” and “Account Holder” nor shall it create any obligation on the part of Anaheim to pay or to see to the payment of any monies due to any such “Qualified Reporting Entity” and “Account Holder” other than as otherwise required by law; and If Buyer is not Committing to Anaheim the Scheduling Coordinator: Timely submitting, or causing Seller’s Scheduling Coordinator to timely submit, Supply Plans to identify and confirm the Net Qualifying Capacity full output of the Generating Facility sold to Buyer as a Resource Adequacy Resource; and Causing the Generating Facility’s Scheduling Coordinator to certify to Buyer, within 15 Business Days before the relevant deadline for any applicable RAR Showing or LAR Showing, that Buyer will be credited with the Net Qualifying Capacity of the Generating Facility for such RAR Showing or LAR Showing extent set forth in the Generating Facility’s Scheduling Coordinator’s Supply PlanSection Five.1(a).
Appears in 1 contract
Further Action by Seller. During the Term of this Agreement, Seller shall, at its own cost, shall take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the provision and use of the Related Products Environmental Attributes for Buyer’s sole benefit throughout (including Buyer’s right to sell or transfer such Environmental Attributes) during the Service Term, which actions shall include the following (each, unless expressly provided otherwise, at Seller’s cost and expense):
10.3.1 Seller shall provide to Buyer all reasonably available information pertaining to the Environmental Attributes, including any and all certificates, verifications, attestations and other documentation;
10.3.2 Seller shall maintain, and upon request by Buyer, provide to Buyer (or, if directed by Buyer, other applicable Persons) such information as may include: Cooperating be necessary to transfer, substantiate, account for, and/or track the quantity of Environmental Attributes under this Agreement, including all information necessary for Buyer to comply with the requirements of any Governmental Authority responsible for resource adequacy administration or other certifying, tracking, or standard-setting body relating to certify the Generating Facility for resource adequacy purposes; Testing Environmental Attributes to be provided under this Agreement. Seller shall provide Buyer with attestations regarding the Generating Facility accuracy of such information as reasonably requested by Buyer.
10.3.3 Seller shall take such actions as may be required in order for the Facility to certify provide Environmental Attributes that qualify for use by Buyer in satisfying any Renewable Standards.
10.3.4 Seller shall take such actions as may be required for the Generating Facility for to be certified or otherwise qualify as a resource adequacy purposes that Buyer is able to utilize in accordance order to satisfy Renewable Standards.
10.3.5 Seller shall cooperate with Buyer and take any actions required in order to have the requirements set forth in the CAISO Tariff or as otherwise agreed Environmental Attributes certified, registered and verified pursuant to by the Parties; Committing to Buyer the Net Contract Capacity; and Complying with Applicable Laws regarding the registration, transfer or ownership of Green Attributes associated with the Related Products, including, if applicable to the Generating Facility, participation in WREGIS or other process recognized under Applicable Laws. With respect to WREGIS, at Renewable Standards.
10.3.6 At Buyer’s optionrequest, Seller shall cause take all actions reasonably necessary, including the completion and allow Buyer submission of all required attestation forms and other information, in order to obtain certification by Green-e Energy pursuant to the Green-e National Standard (or other certification from such other entity designated by Buyer) of the Facility and all Environmental Attributes required to be provided under this Agreement.
10.3.7 Seller shall comply with all Legal Requirements and other applicable standards regarding the “Qualified Reporting Entity” certification and “Account Holder” (transfer of Environmental Attributes.
10.3.8 Seller shall take such actions as these two terms are defined may be reasonably necessary to transfer and/or upload Environmental Attributes required to be provided hereunder to any applicable renewable energy registry, certificate tracking system maintained by WREGIS) or for the Generating Facility; Complying account of Buyer in order to account for or track Environmental Attributes, and Seller shall pay all costs associated with all CAISO Tariff requirements applicable such transfer and/or upload whether such costs are charged to a Resource Adequacy Resource; and If Buyer is or Seller.
10.3.9 Seller shall not take any action that would cause the Scheduling Coordinator: Timely submittingEnvironmental Attributes to be retired, double counted, or causing Seller’s Scheduling Coordinator to timely submitotherwise utilized (including under the standards established by Green-e Energy, Supply Plans to identify the U.S. Federal Trade Commission, and confirm the Net Qualifying Capacity of the Generating Facility sold to Buyer as a Resource Adequacy Resource; and Causing the Generating Facility’s Scheduling Coordinator to certify to Buyer, within 15 Business Days before the relevant deadline for any other applicable RAR Showing certifying or LAR Showing, that Buyer will be credited with the Net Qualifying Capacity of the Generating Facility for such RAR Showing or LAR Showing in the Generating Facility’s Scheduling Coordinator’s Supply Planregulatory organizations).
Appears in 1 contract
Samples: Energy Purchase Agreement
Further Action by Seller. Subject to Section 1.08, commencing at least six (6) months before the Commercial Operation Date and throughout the Delivery Term, Seller shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Related Products Green Attributes, Capacity Attributes and Resource Adequacy Benefits for BuyerSCE’s sole benefit throughout the Delivery Term, which actions may include: :
(i) Cooperating with and encouraging the Governmental Authority regional entity responsible for resource adequacy administration to certify or qualify the Contract Capacity for resource adequacy purposes;
(ii) Testing the Generating Facility in order to certify the Generating Facility for resource adequacy purposes; Testing Article Four – §3.01 SCE’s Obligations
(iii) Complying with all current and future CAISO Tariff provisions that address resource adequacy and are applicable to the Generating Facility as may be required to certify the Generating Facility for resource adequacy purposes in accordance with the requirements set forth in the CAISO Tariff or as otherwise agreed to by the Parties; Committing to Buyer the Net Contract Capacity; Facility, including provisions regarding performance obligations and penalties, if applicable;
(iv) Complying with Applicable Laws regarding the certification and transfer of Renewable Energy Credits, including participation in the Western Renewable Energy Generation Information System (“WREGIS”) or other process recognized under Applicable Laws for the registration, transfer or ownership of Green Attributes associated with the Related Products, including, if applicable to the Generating Facility, participation in WREGIS or other process recognized under Applicable Laws. With respect to WREGIS, at Buyer’s option, Seller shall cause and allow Buyer SCE to be the “Qualified Reporting Entity” and “Account Holder” (as these two terms are defined by WREGIS) for the Generating Facility; Complying . If Seller has sold Product (or product that would be considered “Product” under this Agreement if it were attributable to the Delivery Term) to any party other than SCE with all CAISO Tariff requirements applicable respect to a Resource Adequacy Resource; and If Buyer period that is not prior to the Scheduling Coordinator: Timely submittingCommercial Operation Date, Seller shall, or causing shall cause such party to: (i) take all actions necessary for SCE to be the Account Holder as of the Commercial Operation Date, and (ii) take all actions necessary for SCE to be the Qualified Reporting Entity prior to the generation of any WREGIS Certificates associated with deliveries of Product on and after the Commercial Operation Date. SCE agrees to transfer all WREGIS Certificates associated with generation from the Generating Facility prior to the Commercial Operation Date to Seller or Seller’s Scheduling Coordinator designee. Seller agrees to timely submitindemnify, Supply Plans defend and hold harmless SCE from and against any and all loss, liability, damage, claim, cost or expense of any kind or nature (including any direct, damage, claim, cost, charge, demand, or expense, and attorneys’ fee (including the cost of in-house counsel)) and other costs of litigation, arbitration and mediation, arising out of or in connection with SCE’s transfer to identify and confirm Seller or Seller’s designee of WREGIS Certificates associated with renewable power generated by the Net Qualifying Capacity Generating Facility prior to the Commercial Operation Date;
(v) Committing to SCE the entire Metered Amounts of the Generating Facility sold to Buyer as a Facility; and
(vi) Pursuing and obtaining any and all Capacity Attributes and Resource Adequacy Resource; and Causing Benefits to the Generating Facility’s Scheduling Coordinator to certify to Buyerextent that Applicable Laws, within 15 Business Days before including as may be changed after the relevant deadline Effective Date, allow for any applicable RAR Showing Capacity Attributes or LAR Showing, that Buyer will Resource Adequacy Benefits to be credited with obtained other than by the Net Qualifying Capacity completion of the Generating Facility for such RAR Showing or LAR Showing in the Generating Facility’s Scheduling Coordinator’s Supply PlanDelivery Network Upgrades.
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Samples: Renewable Power Purchase Agreement
Further Action by Seller. Subject to Section 1.11, commencing at least six (6) months before the Initial Synchronization Date and throughout the Delivery Term, Seller shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Related Products Green Attributes, Capacity Attributes and Resource Adequacy Benefits, if any, for BuyerSCE’s sole benefit throughout the Delivery Term, which actions may include: :
(i) Cooperating with and encouraging the Governmental Authority regional entity responsible for resource adequacy administration to certify or qualify the Contract Capacity for resource adequacy purposes, if applicable;
(ii) Testing the Generating Facility in order to certify the Generating Facility for resource adequacy purposes; Testing , if applicable;
(iii) Complying with all current and future CAISO Tariff provisions that address resource adequacy and are applicable to the Generating Facility as may be required to certify the Generating Facility for resource adequacy purposes in accordance with the requirements set forth in the CAISO Tariff or as otherwise agreed to by the Parties; Committing to Buyer the Net Contract Capacity; Facility, including provisions regarding performance obligations and penalties, if applicable;
(iv) Complying with Applicable Laws regarding the certification and transfer of Renewable Energy Credits, including participation in the Western Renewable Energy Generation Information System (“WREGIS”) or other process recognized under Applicable Laws for the registration, transfer or ownership of Green Attributes associated with the Related Products, including, if applicable to the Generating Facility, participation in WREGIS or other process recognized under Applicable Laws. With respect to WREGIS, at Buyer’s option, Seller shall cause and allow Buyer SCE to be the “Qualified Reporting Entity” and “Account Holder” (as these two terms are defined by WREGIS) for the Generating Facility; Complying with all CAISO Tariff requirements applicable ;
(v) Committing to a Resource Adequacy Resource; and If Buyer is not SCE the Scheduling Coordinator: Timely submitting, or causing Seller’s Scheduling Coordinator to timely submit, Supply Plans to identify and confirm the Net Qualifying Capacity of the Generating Facility sold to Buyer as a Resource Adequacy Resource; and Causing entire Metered Amounts from the Generating Facility’s Scheduling Coordinator ; and
(vi) Pursuing and obtaining any and all Capacity Attributes and Resource Adequacy Benefits to certify to Buyerthe extent that Applicable Laws, within 15 Business Days before including as may be changed after the relevant deadline Effective Date, allow for any applicable RAR Showing Capacity Attributes or LAR Showing, that Buyer will Resource Adequacy Benefits to be credited with obtained other than by the Net Qualifying Capacity completion of the Generating Facility for such RAR Showing or LAR Showing Deliverability Network Upgrades identified in the Generating FacilitySeller’s Scheduling Coordinator’s Supply Planinterconnection agreement.
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