Illinois Pass-Through Tariffs Sample Clauses

Illinois Pass-Through Tariffs. It is the understanding and agreement by Party A that Party B is allowed to recover all costs and other amounts incurred under this PPA from its customers pursuant to a pass-through tariff, now in effect and as may be amended from time to time, as authorized by section 16-111.5(l) of the Illinois Public Utilities Act (220 ILCS 5/16-111.5(l)) and approved by the Illinois Commerce Commission (“ICC”). Notwithstanding anything to the contrary in this PPA, Party B shall not be liable to Party A for any amounts, including any termination payment that might be otherwise due under Section 6(e) of the Master Agreement, that Party B is not allowed to or cannot recover, for whatever reason, from its customers through those pass-through tariffs or any other tariffs, or by any other means. Unless otherwise required by law, statute or an order, rule or decision of the ICC, Party B will not refuse to make payment under this PPA for the sole reason that such payment would cause the rate caps provided for in Section 1-75(c)(2) of the Illinois Power Agency Act (20 ILCS 3855/1-75(c)(2)) to be exceeded, as determined in its sole discretion. In the event that Party B is not allowed to recover the subject costs as a result of any of the above actions, or in the event the ICC orders a disallowance of the subject costs, the following additional conditions shall apply: (1) Party B shall inform Party A as soon as practicable of the law, statute or order, rule or decision of the ICC limiting or denying cost recovery; (2) unless otherwise directed by the ICC or statute, Party B shall reduce the amount of energy, energy swaps and/or RECs purchased under all contracts for renewable energy resources that allow for forward-looking pro-ration in this circumstance that are in effect and in force at the time by reducing proportionately for each contract the Annual Contract Quantity Commitment or similar contract term as required such that the amount of expenditures for energy, energy swaps and/or RECs are recoverable as determined in the sole discretion of Party B (which shall include a pro-ration for amounts previously disallowed pursuant to Section (3) below); (3) with respect to any amounts already paid under this PPA, Party B will calculate an amount to be returned to Party B by Party A, such amount being equal to the total disallowed amount pro-rated across all contracts for renewable energy resources that allow for recovery of pro-rated disallowed amounts in this circumstance that are...

Illinois Pass-Through Tariffs. Party B has in place pass-through tariffs approved by the Illinois Commerce Commission (“ICC”) under which Party B is entitled to recover all reasonable costs incurred to comply with ICC-approved procurement plans, and all such costs are statutorily deemed to be prudently incurred. In accordance with such authorization, Party B will recover the costs of purchasing, under the terms of this PPA, the quantity of annual energy and RECs specified therein. Party B shall not be liable under this PPA for any costs that cannot be recovered from customers through such pass-through tariffs. You have received two partially executed copies of this PPA. Please execute both, keep one copy for your own records, return a copy of this signature page by facsimile to Xxxx Xxxxxxxxxx at (000) 000-0000 and send a fully executed copy to us to our address in the Notices section above. If you have any questions, please contact Xxxx Xxxxxxxxxx at (000) 000-0000. Ameren Illinois Company d/b/a Ameren Illinois ________________________________ By: _____________________________ By: _________________________ Name: ____________________________ Name: _________________________ Title: _____________________________ Title: _________________________ Annex 1 to the Power Purchase Agreement