Common use of Future Environmental Attributes Clause in Contracts

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 Buyer shall be entitled as of the Effective Date, environmental attributes sold under this Agreement are restricted 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 Green Attributes; however, Future Environmental Attributes generated may be created by or with respect a Governmental Authority through Laws enacted after the Effective Date. Subject to the Project; provided that final sentence of this Section 3.5(a), in such event, Buyer shall bear all documented and reasonable third party costs associated with the transfer, qualification, verification, registration, registration and ongoing compliance for such future Future Environmental Attributes, but there shall be no increase in the Contract Price. Upon SellerXxxxxx’s receipt of notice Notice from Buyer of BuyerXxxxx’s intent to claim such future Future Environmental Attributes, Buyer and Seller the Parties shall determine the necessary actions and additional costs to be reimbursed by Buyer associated with such future Future Environmental Attributes. Seller shall have no obligation to alter the Project Facility unless the Parties have agreed on all necessary terms and conditions relating to such alteration and Buyer Xxxxx has agreed to reimburse Seller for all costs associated with such alteration required to be reimbursed as described above. alteration.‌ (b) If Buyer elects to receive future Future Environmental Attributes pursuant to this Section 3.3(a)3.5, 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 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 to Buyer, as set forth above; provided, that Buyer and Seller each the Parties acknowledge and agree that such terms are not intended to alter the other material terms of this Agreement.

Future Environmental Attributes. The Parties acknowledge and agree that Buyer shall be entitled as of the Effective Date, environmental attributes sold under this Agreement are restricted 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 Green Attributes; however, Future Environmental Attributes generated may be created by or with respect a Governmental Authority through Laws enacted after the Effective Date. Subject to the Project; provided that final sentence of this Section 3.5(a), and Section 3.5(b), in such event, Buyer shall bear all documented costs and reasonable third party costs risks associated with the transfer, qualification, verification, registration, registration and ongoing compliance for such future Future Environmental Attributes, but there shall be no increase in the Contract Price. Upon SellerXxxxxx’s receipt of notice Notice from Buyer of BuyerXxxxx’s intent to claim such future Future Environmental Attributes, Buyer and Seller the Parties shall determine the necessary actions and additional costs to be reimbursed by Buyer associated with such future Future Environmental Attributes. Seller shall have no obligation to bear any costs, losses or liabilities, or alter the Project Facility, 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 costs, losses, and liabilities associated with such alteration required to be reimbursed as described abovealteration. If Buyer elects to receive future Future Environmental Attributes pursuant to this Section 3.3(a3.5(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 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 (in accordance with the aboveany event subject to Section 3.12); provided, that Buyer and Seller each the Parties acknowledge and agree that such terms are not intended to alter the other material terms of this Agreement.

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 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. (i) The Parties acknowledge and agree that Buyer shall be entitled as of the Effective Date, environmental attributes sold under this Agreement are restricted 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 Green Attributes; however, Future Environmental Attributes generated may be created by or with respect to a Governmental Authority through Laws enacted after the Project; provided that Effective Date. In such event, Buyer shall bear all documented and reasonable third party costs associated with the transfer, qualification, verification, registration, registration and ongoing compliance for such future Future Environmental Attributes, but there shall be no increase in the Contract Price. Upon SellerXxxxxx’s receipt of notice Notice from Buyer of BuyerXxxxx’s intent to claim such future Future Environmental Attributes, Buyer and Seller the Parties shall determine the necessary actions and additional costs to be reimbursed by Buyer associated with such future Future Environmental Attributes. Seller shall have no obligation to alter the Project Facility unless the Parties have agreed on all necessary terms and conditions relating to such alteration and Buyer Xxxxx has agreed to reimburse Seller for all costs associated with such alteration required to be reimbursed as described above. alteration. (ii) If Buyer elects to receive future Future Environmental Attributes pursuant to this Section 3.3(a)3.2, 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 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 in accordance with the costs, as set forth above; provided, that Buyer and Seller each the Parties 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 Buyer shall as of the Effective Date, environmental attributes sold under this Agreement are restricted to Green Attributes; however, Future Environmental Attributes may be entitled created by a Governmental Authority through Laws enacted after the Effective Date. Subject to receive (without any increase in any amount due from Buyer hereunderthe final sentence of this Section 3.5(a) 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 Section 3.5(b), in such event, Buyer shall bear all documented and reasonable third party costs associated with the transfer, qualification, verification, registration, registration and ongoing compliance for such future Future Environmental Attributes, but there shall be no increase in the Contract Price. Upon SellerXxxxxx’s receipt of notice Notice from Buyer of BuyerXxxxx’s intent to claim such future Future Environmental Attributes, Buyer and Seller the Parties shall determine the necessary actions and additional costs to be reimbursed by Buyer associated with such future Future Environmental Attributes. Seller shall have no obligation to alter the Project Facility or operation of the Facility to reduce Delivered Energy unless the Parties have agreed on all necessary terms and conditions relating to such alteration or changes in operation and Buyer has agreed to reimburse Seller for all costs costs, losses, and liabilities associated with such alteration required to be reimbursed as described above. or change in operation. (b) If Buyer elects to receive future Future Environmental Attributes pursuant to this Section 3.3(a3.5(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 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 in accordance with the to Buyer, as set forth above; provided, that Buyer and Seller each the Parties acknowledge and agree that such terms are not intended to alter the other material terms of this Agreement.

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 SellerXxxxxx’s receipt of notice from Buyer Xxxxx of BuyerXxxxx’s intent to claim such future future‌ Environmental Attributes, Buyer and Seller shall determine the necessary actions and additional costs to be reimbursed by Buyer Xxxxx 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 Xxxxx 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 Buyer shall Future Environmental Attributes may be entitled created by a Governmental Authority through Laws enacted after the Effective Date. Subject to receive (without any increase in any amount due from Buyer hereunderthe final sentence of this Section 3.3(a), and Sections 3.3(b) 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 3.6, in such event, Buyer shall bear all documented and reasonable third party costs associated with the transfer, qualification, verification, registration, registration and ongoing compliance for such future Future Environmental Attributes, but there shall be no increase in the Contract Price. Upon SellerXxxxxx’s receipt of notice Notice from Buyer of BuyerXxxxx’s intent to claim such future Future Environmental Attributes, Buyer and Seller the Parties shall determine the necessary actions and additional costs to be reimbursed by Buyer associated with such future Future Environmental Attributes. Seller shall have no obligation to alter the Project Facility or modify the Operating Restrictions to allow Buyer to receive Future Environmental Attributes, unless the Parties have agreed on all necessary terms and conditions relating to such alteration or modification, as applicable, and Buyer Xxxxx has agreed to reimburse Seller for all costs costs, losses, and liabilities, if any, associated with such alteration required to be reimbursed as described above. or modification.‌ (b) If Buyer elects to receive future 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 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 in accordance with the to Buyer, as set forth above; provided, that Buyer and Seller each the Parties acknowledge and agree that such terms are not intended to alter the other material terms of this Agreement.Agreement.‌

Future Environmental Attributes. (a) The Parties acknowledge and agree that Buyer shall as of the Effective Date, environmental attributes sold under this Agreement are restricted to Green Attributes; however, Future Environmental Attributes may be entitled created by a Governmental Authority through Laws enacted after the Effective Date. Subject to receive (without any increase in any amount due from Buyer hereunderthe final sentence of this Section 3.5(a) 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 Section 3.5(b), in such event, Buyer shall bear all documented and reasonable third party costs associated with the transfer, qualification, verification, registration, registration and ongoing compliance for such future Future Environmental Attributes, but there shall be no increase in the Contract Price. Upon SellerXxxxxx’s receipt of notice Notice from Buyer of BuyerXxxxx’s intent to claim such future Future Environmental Attributes, Buyer and Seller the Parties shall determine the necessary actions and additional costs to be reimbursed by Buyer associated with such future Future Environmental Attributes. Seller shall have no obligation to alter the Project 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 costs, losses, and liabilities associated with such alteration required to be reimbursed as described above. or change in operation. (b) If Buyer elects to receive future Future Environmental Attributes pursuant to this Section 3.3(a3.5(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 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 in accordance with the to Buyer, as set forth above; provided, that Buyer and Seller each the Parties acknowledge and agree that such terms are not intended to alter the other material terms of this Agreement.

Future Environmental Attributes. The Parties acknowledge and agree that Buyer shall be entitled as of the Effective Date, environmental attributes sold under this Agreement are restricted 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 Green Attributes; however, Future Environmental Attributes generated may be created by or with respect to a Governmental Authority through Laws enacted after the Project; provided that Effective Date. In such event, Buyer shall bear all documented and reasonable third party costs associated with the transfer, qualification, verification, registration, registration and ongoing compliance for such future Future Environmental Attributes, but there shall be no increase in the Contract Price. Upon SellerXxxxxx’s receipt of notice Notice from Buyer of BuyerXxxxx’s intent to claim such future Future Environmental Attributes, Buyer and Seller the Parties shall determine the necessary actions and additional costs to be reimbursed by Buyer associated with such future Future Environmental Attributes. Seller shall have no obligation to alter the Project Facility unless the Parties have agreed on all necessary terms and conditions relating to such alteration and Buyer Xxxxx has agreed to reimburse Seller for all costs associated with such alteration required to be reimbursed as described abovealteration. If Buyer elects to receive future Future Environmental Attributes pursuant to this Section 3.3(a3.6(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 such future 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 in accordance with the costs, as set forth above; provided, that Buyer and Seller each the Parties 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 Buyer shall be entitled as of the Effective Date, environmental attributes sold under this Agreement are restricted 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 Green Attributes; however, Future Environmental Attributes generated may be created by or with respect to a Governmental Authority through Laws enacted after the Project; provided that Effective Date. In such event, Buyer shall bear all documented and reasonable third party costs associated with the transfer, qualification, verification, registration, registration and ongoing compliance for such future Future Environmental Attributes, but there shall be no increase in the Contract Price. Upon Seller’s receipt of notice Notice from Buyer of Buyer’s intent to claim such future Future Environmental Attributes, Buyer and Seller the Parties shall determine the necessary actions and additional costs to be reimbursed by Buyer associated with such future Future Environmental Attributes. Seller shall have no obligation to alter the Project Facility 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. alteration. (b) If Buyer elects to receive future Future Environmental Attributes pursuant to this Section 3.3(a4.6(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 such future 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 in accordance with the costs, as set forth above; provided, that Buyer and Seller each the Parties 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 Buyer shall be entitled as of the Effective Date, environmental attributes sold under this Agreement are restricted 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 Green Attributes; however, Future Environmental Attributes generated may be created by or with respect a Governmental Authority through Laws enacted after the Effective Date. Subject to the Project; provided that final sentence of this Section 3.5(a), in such event, Buyer shall bear all documented and reasonable third party costs associated with the transfer, qualification, verification, registration, registration and ongoing compliance for such future Future Environmental Attributes, but there shall be no increase in the Contract Price. Upon SellerXxxxxx’s receipt of notice Notice from Buyer of BuyerXxxxx’s intent to claim such future Future Environmental Attributes, Buyer and Seller the Parties shall determine the necessary actions and additional costs to be reimbursed by Buyer associated with such future Future Environmental Attributes. Seller shall have no obligation to alter the Project Facility unless the Parties have agreed on all necessary terms and conditions relating to such alteration and Buyer Xxxxx has agreed to reimburse Seller for all costs associated with such alteration required to be reimbursed as described above. alteration. (b) If Buyer elects to receive future Future Environmental Attributes pursuant to this Section 3.3(a)3.5, 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 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 to Buyer, as set forth above; provided, that Buyer and Seller each the Parties 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 Buyer shall as of the Effective Date, environmental attributes sold under this Agreement are restricted to Green Attributes; however, Future Environmental Attributes may be entitled created by a Governmental Authority through Laws enacted after the Effective Date. Subject to receive (without any increase in any amount due from Buyer hereunderthe final sentence of this Section 3.5(a) 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 Section 3.5(b), in such event, Buyer shall bear all documented and reasonable third party costs associated with the transfer, qualification, verification, registration, registration and ongoing compliance for such future Future Environmental Attributes, but there shall be no increase in the Contract Price. Upon Seller’s receipt of notice Notice from Buyer of Buyer’s intent to claim such future Future Environmental Attributes, Buyer and Seller the Parties shall determine the necessary actions and additional costs to be reimbursed by Buyer associated with such future Future Environmental Attributes. Seller shall have no obligation to alter the Project 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 costs, losses, and liabilities associated with such alteration required to be reimbursed as described above. or change in operation. (b) If Buyer elects to receive future Future Environmental Attributes pursuant to this Section 3.3(a3.5(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 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 in accordance with the to Buyer, as set forth above; provided, that Buyer and Seller each the Parties 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 Buyer shall be entitled as of the Effective Date, environmental attributes sold under this Agreement are restricted 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 Green Attributes associated with Metered Energy; however, Future Environmental Attributes generated may be created by or with respect a Governmental Authority through Laws enacted after the Effective Date. Subject to the Project; provided that final sentence of this Section 3.6(a), in such event, Buyer shall bear all documented and reasonable third party costs associated with the transfer, qualification, verification, registration, registration and ongoing compliance for Buyer’s Share of such future Future Environmental Attributes, but there shall be no increase in the Contract Price. Upon SellerXxxxxx’s receipt of notice Notice from Buyer of BuyerXxxxx’s intent to claim Xxxxx’s Share of such future Future Environmental Attributes, Buyer and Seller the Parties shall determine the necessary actions and additional costs to be reimbursed by Buyer associated with such future Future Environmental Attributes. Seller shall have no obligation to alter the Project 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 associated with such alteration required to be reimbursed as described above. or change in operation. (b) If Buyer elects to receive future Buyer’s Share of Future Environmental Attributes pursuant to this Section 3.3(a3.6(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 such future 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 in accordance with the costs, as set forth above; provided, that Buyer and Seller each the Parties 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 Buyer shall be entitled as of the Effective Date, environmental attributes sold under this Agreement are restricted 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 Green Attributes; however, Future Environmental Attributes generated may be created by or with respect a Governmental Authority through Laws enacted after the Effective Date. Subject to the Project; provided that final sentence of this Section 3.6(a), in such event, Buyer shall bear all documented and reasonable third party costs associated with the transfer, qualification, verification, registration, registration and ongoing compliance for such future Future Environmental Attributes, but there shall be no increase in the Contract Price. Upon Seller’s receipt of notice Notice from Buyer of Buyer’s intent to claim such future Future Environmental Attributes, Buyer and Seller the Parties shall determine the necessary actions and additional costs to be reimbursed by Buyer associated with such future Future Environmental Attributes. Seller shall have no obligation to alter the Project 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 associated with such alteration required to be reimbursed as described above. or change in operation. (b) If Buyer elects to receive future Future Environmental Attributes pursuant to this Section 3.3(a3.6(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 such future 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 in accordance with the costs, as set forth above; provided, that Buyer and Seller each the Parties 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 Buyer shall as of the Effective Date, environmental attributes sold under this Agreement are restricted to Green Attributes; however, Future Environmental Attributes may be entitled created by a Governmental Authority through Laws enacted after the Effective Date. Subject to receive (without any increase in any amount due from Buyer hereunderthe final sentence of this Section 3.5(a) 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 Section 3.5(b), in such event, Buyer shall bear all documented and reasonable third party costs associated with the transfer, qualification, verification, registration, registration and ongoing compliance for such future Future Environmental Attributes, but there shall be no increase in the Contract Price. Upon SellerXxxxxx’s receipt of notice Notice from Buyer of BuyerXxxxx’s intent to claim such future Future Environmental Attributes, Buyer and Seller the Parties shall determine the necessary actions and additional costs to be reimbursed by Buyer associated with such future Future Environmental Attributes. Seller shall have no obligation to alter the Project 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 costs, losses, and liabilities associated with such alteration required to be reimbursed as described above. or change in operation. (b) If Buyer elects to receive future Future Environmental Attributes pursuant to this Section 3.3(a3.5(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 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 in accordance with the to Buyer, as set forth above; provided, that Buyer and Seller each the Parties acknowledge and agree that such terms are not intended to alter the other material terms of this Agreement.