Common use of Further Action by Seller Clause in Contracts

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

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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. 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

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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

Samples: Renewable Power Purchase and Sale Agreement

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