Common use of Market Design Clause in Contracts

Market Design. The obligations of Seller under this BESSA to and at the Point of Interconnection and the obligations of PSE under this BESSA from and after the Point of Interconnection outlined reflect the electric market structure under which the Facility is expected to operate as of the Commercial Operation Date. If (i) there are material market structure changes during the Term that prevent Seller and/or PSE from meeting their respective obligations, or (ii) PSE joins a regional transmission organization or independent system operator structure during the Term, the Parties will use good faith efforts to amend this BESSA to enable Seller and/or PSE to meet their respective obligations within the new market structure and in a manner that maintains the existing allocation of obligations and benefits between Seller and PSE under this BESSA. If the Parties are unable to reach agreement as to how to amend the BESSA under this Section 7.6, then the Parties agree the BESSA will remain in effect, provided that nothing herein will be applied or interpreted to preclude PSE from joining a regional transmission organization or independent system operator structure

Market Design. The obligations of Seller under this BESSA PPA to and at the Point of Interconnection and the obligations of PSE under this BESSA PPA from and after the Point of Interconnection outlined reflect the electric market structure under which the Facility is expected to operate as of the Commercial Operation Date. If (i) there are material market structure changes during the Term that prevent Seller and/or PSE from meeting their respective obligations, or (ii) PSE joins a regional transmission organization or independent system operator structure during the Term, the Parties will use good faith efforts to amend this BESSA PPA to enable Seller and/or PSE to meet their respective obligations within the new market structure and in a manner that maintains the existing allocation of obligations and benefits between Seller and PSE under this BESSAPPA. If the Parties are unable to reach agreement as to how to amend the BESSA PPA under this Section 7.6, then the Parties agree the BESSA PPA will remain in effect, provided that nothing herein will be applied or interpreted to preclude PSE from joining a regional transmission organization or independent system operator structure.