Future Environmental Attributes. The Parties acknowledge that Buyer shall be entitled to receive (without any increase in any amount due from Buyer hereunder) and Seller shall at the direction of Buyer obtain and transfer to Buyer any future Environmental Attributes generated by or with respect to the Project; provided that Buyer shall bear all documented and reasonable third party costs associated with the transfer, qualification, verification, registration, and ongoing compliance for such future Environmental Attributes. Upon Seller’s receipt of notice from Buyer of Buyer’s intent to claim such future Environmental Attributes, Buyer and Seller shall determine the necessary actions and additional costs to be reimbursed by Buyer associated with such future Environmental Attributes. Seller shall have no obligation to alter the Project unless the Parties have agreed on all necessary terms and conditions relating to such alteration and Buyer has agreed to reimburse Seller for all costs associated with such alteration required to be reimbursed as described above. If Buyer elects to receive future Environmental Attributes pursuant to this Section 3.3(a), the Parties agree to negotiate in good faith with respect to the development of further agreements and documentation necessary to effectuate the transfer of such future Environmental Attributes, including with respect to (i) appropriate transfer, delivery and risk of loss mechanisms, and (ii) appropriate allocation of any additional costs in accordance with the above; provided, that Buyer and Seller each acknowledge and agree that such terms are not intended to alter the other material terms of this Agreement.
Future Environmental Attributes. (a) The Parties acknowledge and agree that as of the Effective Date, environmental attributes sold under this Agreement are restricted to the Environmental Attributes; however, Future Environmental Attributes may be created by a Governmental Authority though Requirements of Law enacted after the Effective Date that do not relate to RPS Compliance or a Successor Program (such as a new third-party green credit associated with a new voluntary program). Buyer shall have the exclusive right to such Future Environmental Attributes and there shall be no increase in the Contract Price; provided, however, Buyer shall bear all costs and risks associated with the transfer, qualification, and verification for such Future Environmental Attributes. Upon Xxxxxx’s receipt of Notice from Buyer of Xxxxx’s intent to claim such Future Environmental Attributes, the Parties shall determine the necessary actions and additional costs associated with such Future Environmental Attributes. Seller shall have no obligation to bear any costs, losses or liability, or alter the Facility or the operation of the Facility, unless the Parties have agreed on all necessary terms and conditions relating to such alteration or change in operation and Buyer has agreed to reimburse Seller for all costs, losses, and liabilities associated with such alteration or change in operation.
(b) Seller agrees to work with Buyer in good faith to provide reasonably requested documentation and execute reasonable documentation necessary to effectuate the transfer and registration of such Future Environmental Attributes, including agreement with respect to (i) appropriate transfer, delivery and risk of loss mechanisms, and (ii) appropriate allocation of any additional costs to Buyer, as set forth above; provided, that the Parties acknowledge and agree such terms shall not alter the other material terms of this Agreement.
Future Environmental Attributes. The Cogenerator agrees to pay to the City fifty percent (50%) of the Net Monetized Value from the receipt of any revenues received by the Cogenerator from the sale of Environmental Attributes generated and sold by the Cogenerator from any future cogeneration project agreed upon by the City and the Cogenerator that utilizes Landfill Gas generated on the Miramar Landfill. In the event that the Cogenerator pays the City any such fifty percent (50%) of the Net Monetized Value from the receipt of any revenues received by the Cogenerator from the sale of Environmental Attributes, the Cogenerator shall not owe the City any royalties or any other payments under this North City Cogeneration Agreement or any other agreements (whether as described in Section 9.4 or otherwise) on such revenues received by the Cogenerator from the sale of Environmental Attributes.
Future Environmental Attributes. (a) The Parties acknowledge and agree that as of the Effective Date, environmental attributes sold under this Agreement are restricted to Green Attributes; however, Future Environmental Attributes may be created by a Governmental Authority through Law...
(b) If Buyer elects to receive Future Environmental Attributes pursuant to Section 4.6(a), the Parties agree to negotiate in good faith with respect to the development of further agreements and documentation necessary to effectuate the transfer of suc...
Future Environmental Attributes. (a) The Parties recognize and accept that, as of the Effective Date, the sale of environmental attributes under this Agreement is limited to Green Attributes. However, Future Environmental Attributes may be created by a Governmental Authority via Laws enacted post Effective Date. In that situation, Xxxxx will be responsible for covering all expenses associated with the transfer, qualification, verification, registration, and ongoing compliance for said Future Environmental Attributes with no increase in Contract Price. In the event that Future Environmental Attributes require alternation or modification of the Facility, the Parties may separately agree to have the cost of said alterations and modifications reimbursed to Seller by Xxxxx. However, Seller is under no obligation to alter or modify the Facility for Future Environmental Attributes unless all requisite terms and conditions pertaining to such modifications or alterations have been mutually agreed upon by the Parties.
(b) In the event that Xxxxx chooses to obtain Future Environmental Attributes per Section 3.5, both Parties agree to engage in good faith negotiations concerning the creation of additional agreements and documentation required to executed the transfer of said Future Environmental Attributes. The negotiations will include (but are not limited to) determining suitable mechanisms for transfer, delivery, and risk of loss as well as an appropriate distribution of any supplementary costs to the Buyer, as specified above. The Parties recognize and affirm that these terms are not meant to alter or modify the material terms of this Agreement.
Future Environmental Attributes. The Parties acknowledge and agree that Future Environmental Attributes associated with the Hourly Energy Quantities may be recognized after the Effective Date and that Buyer will have the right and title to such Future Environmental Attributes in accordance with this Section 5.5. If Future Environmental Attributes become available in the market, Seller will transfer such Future Environmental Attributes to Buyer, and Seller will treat such Future Environmental Attributes as if they were Environmental Attributes under this Agreement.
Future Environmental Attributes. The Parties acknowledge and agree that as of the Effective Date, environmental attributes sold under this Agreement are restricted to Green Attributes; however, Future Environmental Attributes may be created by a Governmental Authority through Laws enacted after the Effective Date. Subject to the final sentence of this Section 3.5(a), in such event, Buyer shall bear all costs associated with the transfer, qualification, verification, registration and ongoing compliance for such Future Environmental Attributes, but there shall be no increase in the Contract Price. Upon Xxxxxx’s receipt of Notice from Buyer of Xxxxx’s intent to claim such Future Environmental Attributes, the Parties shall determine the necessary actions and additional costs associated with such Future Environmental Attributes. Seller shall have no obligation to alter the Facility unless the Parties have agreed on all necessary terms and conditions relating to such alteration and Xxxxx has agreed to reimburse Seller for all costs associated with such alteration.
