Market Participant. (a) Subject to Section 7.2(b): (i) Throughout the term of this Agreement, Seller shall (or shall cause a designee to) act as the Market Participant (or similar representative) for the Facility before[each of (A) the Balancing Authority applicable to the Electric Interconnection Point and (B)45 the Balancing Authority applicable to the Injection Portion (including[, in each case,]46 any applicable RTO or ISO), to the extent the concept of a Market Participant (or similar representative) for the Facility is applicable in such Balancing Authority. Without limiting the foregoing, Seller shall cause such Balancing Authorit[y][(ies)] to qualify and recognize Seller as the Market Participant or other representative for the Facility before such Balancing Authorit[y][(ies)] as of no later than the Delivery Term Commencement Date (or such later date as of which such concept is applicable) and maintain such qualification and recognition throughout the remainder of the Delivery Term (so long as such concept continues to be applicable). (ii) As Market Participant (or similar representative) for the Facility before such Balancing Authorit[y][(ies)], Seller shall (or shall cause its designee to) perform all functions with respect to the Facility before such Balancing Authorit[y][(ies)], including, to the extent applicable, (A) arranging and performing any Open Access Same Time Information Systems (OASIS) tagging and transmission scheduling, (B) completing and filing all reports required by such Balancing Authorit[y][(ies)] from the Market Participant (or similar representative), (C) subject to Section 7.3(e), settlement with such Balancing Authorit[y][(ies)], (D) transmitting to such Balancing Authorit[y][(ies)] operational data and coordinating outages, (E) submitting Facility generation estimates, schedules, bids and offers and (F) performing all other activities required of the Market Participant (or similar representative) for the Facility. (iii) Without limiting Section 9.1(b), Seller shall perform its functions as the Market Participant (or similar representative) for the Facility before such Balancing Authorit[y][(ies)] according to the standards of performance set forth in Section 9.1(b).
Appears in 1 contract
Samples: Power Purchase Agreement
Market Participant. (a) Subject to Section 7.2(b):
(i) Throughout the term of this Agreement, Seller shall (or shall cause a designee to) act as the Market Participant (or similar representative) for the Facility before[each before [each of (A) the Balancing Authority applicable to the Electric Interconnection Point and (B)45 B)]129 the Balancing Authority applicable to the Injection Portion (including[, in each case,]46 case,]130 any applicable RTO or ISO), to the extent the concept of a Market Participant (or similar representative) for the Facility is applicable in such Balancing Authority. Without limiting the foregoing, Seller shall cause such Balancing Authorit[y][(ies)] to qualify and recognize Seller as the Market Participant or other representative for the Facility before such Balancing Authorit[y][(ies)] as of no later than the Delivery Term Commencement Date (or such later date as of which such concept is applicable) and maintain such 129 NTD: Insert if the Facility is external to MISO. 130 NTD: Insert if the Facility is external to MISO. qualification and recognition throughout the remainder of the Delivery Term (so long as such concept continues to be applicable).
(ii) As Market Participant (or similar representative) for the Facility before such Balancing Authorit[y][(ies)], Seller shall (or shall cause its designee to) perform all functions with respect to the Facility before such Balancing Authorit[y][(ies)], including, to the extent applicable, (A) arranging and performing any Open Access Same Time Information Systems (OASIS) tagging and transmission scheduling, (B) completing and filing all reports required by such Balancing Authorit[y][(ies)] from the Market Participant (or similar representative), (C) subject to Section 7.3(e), settlement with such Balancing Authorit[y][(ies)], (D) transmitting to such Balancing Authorit[y][(ies)] operational data and coordinating outages, (E) submitting Facility generation estimates, schedules, bids and offers and (F) performing all other activities required of the Market Participant (or similar representative) for the Facility.
(iii) Without limiting Section 9.1(b), Seller shall perform its functions as the Market Participant (or similar representative) for the Facility before such Balancing Authorit[y][(ies)] according to the standards of performance set forth in Section 9.1(b).
(b) Notwithstanding Section 7.2(a), Buyer may, at its sole discretion at any time and from time to time during the term of this Agreement (but not during the period of time commencing one hundred and eighty (180) Days prior to the expected Delivery Term Commencement Date (which date Seller shall communicate to Buyer in writing at least two hundred and ten (210) Days prior to such date) and ending on the Delivery Term Commencement Date), elect to serve (or have its designee serve) as the Market Participant (or similar representative) for the Facility before the Balancing Authority applicable to the Injection Portion (including any applicable RTO or ISO) during all or part of the Delivery Term. In such event, the Parties, acting reasonably and in good faith, shall agree upon the modifications and amendments of this Agreement required to reflect the case that Buyer is the Market Participant (or similar representative) for the Facility before the Balancing Authority applicable to the Injection Portion and set forth the same as a new Schedule 7.2(b) to this Agreement as expeditiously as practicable; provided, however, that neither Party shall have any obligation to modify or amend the terms of this Agreement that have a net material adverse effect on any of such Party’s rights, benefits, risks or obligations under this Agreement after taking into account any reduction in such Party’s costs and any elimination, diminution or re-allocation of such Party’s risks under this Agreement that would result from such modifications or amendments. Each Party shall conduct any and all negotiations in connection therewith in good faith and fully consistent with the rights and obligations of Buyer and Seller set forth in this Agreement (including Section 7.3(e), Section 7.6 and Section 9.2). If Xxxxx and Seller do not agree upon and set forth such modifications as a new Schedule 7.2(b) to this Agreement within thirty (30) days after Xxxxx’s request, Buyer may submit the matters in Dispute for resolution in accordance with the dispute resolution processes set forth in Article XVIII. After this Agreement has been modified to include such new Schedule 7.2(b) (whether by agreement of the Parties or Dispute resolution), Seller shall cause the Balancing Authority applicable to the Injection Portion (i) to qualify and recognize Buyer (or its designee) as of the transition date selected by Buyer and notified to Seller (or, if not possible under applicable Balancing Authority rules, procedures and protocols and other applicable Laws, the next date thereafter that is possible under applicable Balancing Authority rules, procedures and protocols and other applicable Laws) and (ii) to terminate such qualification and recognition as of the earlier of (A) the date selected by Buyer and notified to Seller (or, if not possible under applicable Balancing Authority rules, procedures and protocols and other applicable Laws, the next date thereafter that is possible under applicable Balancing Authority rules, procedures and protocols and other applicable Laws) or (B) the end of the Delivery Term (or, if such qualification and recognition is made in advance of the start of the Delivery Term with effect as of the Delivery Term Commencement Date and this Agreement is terminated prior to the Delivery Term Commencement Date, prior to its effectiveness). Immediately upon Buyer (or its designee) becoming the Market Participant (or similar representative) for the Facility before the Balancing Authority applicable to the Injection Portion pursuant to this Section 7.2(b), the provisions set forth in Schedule 7.2(b) shall automatically take effect to modify the terms of this Agreement as set forth therein, and such provisions shall continue in full force and effect for so long as Buyer is the Market Participant (or similar representative) for the Facility before the Balancing Authority applicable to the Injection Portion. While such provisions are in effect, if there is any conflict that cannot reasonably be reconciled between the provisions of Schedule 7.2(b), and the body of this Agreement or any other schedule or exhibit to this Agreement, the provisions of Schedule 7.2(b) shall control and prevail.
Appears in 1 contract
Samples: Power Purchase Agreement
Market Participant. (a) Subject to Section 7.2(b):
(i) Throughout the term of this Agreement, Seller shall (or shall cause a designee to) act as the Market Participant (or similar representative) for the Facility before[each before [each of (A) the Balancing Authority applicable to the Electric Interconnection Point and (B)45 B)]130 the Balancing Authority applicable to the Injection Portion (including[, in each case,]46 case,]131 any applicable RTO or ISO), to the extent the concept of a Market Participant (or similar representative) for the Facility is applicable in such Balancing Authority. Without limiting the foregoing, Seller shall cause such Balancing Authorit[y][(ies)] to qualify and recognize Seller as the Market Participant or other representative for the Facility before such Balancing Authorit[y][(ies)] as of no later than the Delivery Term Commencement Date (or such later date as of which such concept is applicable) and maintain such 130 NTD: Insert if the Facility is external to MISO. 131 NTD: Insert if the Facility is external to MISO. qualification and recognition throughout the remainder of the Delivery Term (so long as such concept continues to be applicable).
(ii) As Market Participant (or similar representative) for the Facility before such Balancing Authorit[y][(ies)], Seller shall (or shall cause its designee to) perform all functions with respect to the Facility before such Balancing Authorit[y][(ies)], including, to the extent applicable, (A) arranging and performing any Open Access Same Time Information Systems (OASIS) tagging and transmission scheduling, (B) completing and filing all reports required by such Balancing Authorit[y][(ies)] from the Market Participant (or similar representative), (C) subject to Section 7.3(e), settlement with such Balancing Authorit[y][(ies)], (D) transmitting to such Balancing Authorit[y][(ies)] operational data and coordinating outages, (E) submitting Facility generation estimates, schedules, bids and offers and (F) performing all other activities required of the Market Participant (or similar representative) for the Facility.
(iii) Without limiting Section 9.1(b), Seller shall perform its functions as the Market Participant (or similar representative) for the Facility before such Balancing Authorit[y][(ies)] according to the standards of performance set forth in Section 9.1(b).
Appears in 1 contract
Samples: Power Purchase Agreement
Market Participant. (a) Subject to Section 7.2(b):
(i) Throughout To the term of this Agreementextent applicable in the Balancing Authority, Seller shall (or shall cause a designee to) act as the Market Participant (or similar representative) for the Facility before[each of (A) the Balancing Authority applicable to the Electric Interconnection Point and (B)45 before the Balancing Authority applicable to the Injection Portion (including[, in each case,]46 any applicable RTO or ISO), to the extent the concept of a Market Participant (or similar representative) for the Facility is applicable in such Balancing AuthorityPortion. Without limiting the foregoing, Seller shall cause such Balancing Authorit[y][(ies)] Authority to qualify and recognize Seller as the Market Participant or other representative for the Facility before such Balancing Authorit[y][(ies)] Authority as of no later than the Delivery Term Commencement Date (or such later date as of which such concept is applicable) and maintain such qualification and recognition throughout the remainder of the Delivery Term (so long as such concept continues to be applicable).
(ii) As Market Participant (or similar representative) for the Facility before such Balancing Authorit[y][(ies)]Authority, Seller shall (or shall cause its designee to) perform all functions with respect to the Facility before such Balancing Authorit[y][(iesAuthority according to the standards of performance set forth in Section 9.1(b)], including, to the extent applicable, ,
(A) arranging and performing any Open Access Same Time Information Systems (OASIS) tagging and transmission scheduling, (B) completing and filing all reports required by such Balancing Authorit[y][(ies)] Authority from the Market Participant (or similar representative), (C) subject to Section 7.3(e), settlement with such Balancing Authorit[y][(ies)]Authority, (D) transmitting to such Balancing Authorit[y][(ies)] Authority operational data and coordinating outages, and (E) submitting Facility generation estimates, schedules, bids and offers and (F) performing all other activities required of the Market Participant (or similar representative) for the Facilityoffers.
(iiib) Without limiting Notwithstanding Section 9.1(b7.2(a), Buyer may, at its sole discretion and from time to time (but not during the period of time commencing one hundred and eighty (180) Days prior to the expected Delivery Term Commencement Date (which date Seller shall perform communicate to Buyer in writing at least two hundred and ten (210) Days prior to such date) and ending on the Delivery Term Commencement Date), elect to serve (or have its functions designee serve) as the Market Participant (or similar representative) for the Facility before such the Balancing Authorit[y][(ies)] according Authority applicable to the standards Injection Portion during all or part of performance the Delivery Term. In such event, the Parties, acting reasonably and in good faith and fully consistent with the rights and obligations of Buyer and Seller in this Agreement, shall agree upon the modifications and amendments of this Agreement required to reflect the case that Buyer is the Market Participant and set forth the same as a new Schedule 7.2(b) as expeditiously as practicable; provided, however, that neither Party shall have any obligation to modify or amend the terms of this Agreement that have a net material adverse effect on any of such Party’s rights, benefits, risks or obligations under this Agreement after taking into account any reduction in Section 9.1(b).such Party’s costs and any elimination, diminution or re-allocation of such Party’s risks under this Agreement that would result from such modifications or
Appears in 1 contract
Samples: Power Purchase Agreement
Market Participant. (a) Subject to Section 7.2(b):
(i) Throughout the term of this Agreement, Seller shall (or shall cause a designee to) act as the Market Participant (or similar representative) for the Facility before[each of (A) the Balancing Authority applicable to the Electric Interconnection Point and (B)45 B)43 the Balancing Authority applicable to the Injection Portion (including[, in each case,]46 case,]44 any applicable RTO or ISO), to the extent the concept of a Market Participant (or similar representative) for the Facility is applicable in such Balancing Authority. Without limiting the foregoing, Seller shall cause such Balancing Authorit[y][(ies)] to qualify and recognize Seller as the Market Participant or other representative for the Facility before such Balancing Authorit[y][(ies)] as of no later than the Delivery Term Commencement 43 NTD: Insert if the Facility is external to MISO. 44 NTD: Insert if the Facility is external to MISO. Date (or such later date as of which such concept is applicable) and maintain such qualification and recognition throughout the remainder of the Delivery Term (so long as such concept continues to be applicable).
(ii) As Market Participant (or similar representative) for the Facility before such Balancing Authorit[y][(ies)], Seller shall (or shall cause its designee to) perform all functions with respect to the Facility before such Balancing Authorit[y][(ies)], including, to the extent applicable, (A) arranging and performing any Open Access Same Time Information Systems (OASIS) tagging and transmission scheduling, (B) completing and filing all reports required by such Balancing Authorit[y][(ies)] from the Market Participant (or similar representative), (C) subject to Section 7.3(e), settlement with such Balancing Authorit[y][(ies)], (D) transmitting to such Balancing Authorit[y][(ies)] operational data and coordinating outages, (E) submitting Facility generation estimates, schedules, bids and offers and (F) performing all other activities required of the Market Participant (or similar representative) for the Facility.
(iii) Without limiting Section 9.1(b), Seller shall perform its functions as the Market Participant (or similar representative) for the Facility before such Balancing Authorit[y][(ies)] according to the standards of performance set forth in Section 9.1(b).
Appears in 1 contract
Samples: Power Purchase Agreement
Market Participant. (a) Subject to Section 7.2(b):
(i) Throughout the term of this Agreement, Seller shall (or shall cause a designee to) act as the Market Participant (or similar representative) for the Facility before[each of (A) the Balancing Authority applicable to the Electric Interconnection Point and (B)45 B)43 the Balancing Authority applicable to the Injection Portion (including[, in each case,]46 case,]44 any applicable RTO or ISO), to the extent the concept of a Market Participant (or similar representative) for the Facility is applicable in such Balancing Authority. Without limiting the foregoing, Seller shall cause such Balancing Authorit[y][(ies)] to qualify and recognize Seller as the Market Participant or other representative for the Facility before such Balancing Authorit[y][(ies)] as of no later than the Delivery Term Commencement 43 NTD: Insert if the Facility is external to MISO. 44 NTD: Insert if the Facility is external to MISO. Date (or such later date as of which such concept is applicable) and maintain such qualification and recognition throughout the remainder of the Delivery Term (so long as such concept continues to be applicable).
(ii) As Market Participant (or similar representative) for the Facility before such Balancing Authorit[y][(ies)], Seller shall (or shall cause its designee to) perform all functions with respect to the Facility before such Balancing Authorit[y][(ies)], including, to the extent applicable, (A) arranging and performing any Open Access Same Time Information Systems (OASIS) tagging and transmission scheduling, (B) completing and filing all reports required by such Balancing Authorit[y][(ies)] from the Market Participant (or similar representative), (C) subject to Section 7.3(e), settlement with such Balancing Authorit[y][(ies)], (D) transmitting to such Balancing Authorit[y][(ies)] operational data and coordinating outages, (E) submitting Facility generation estimates, schedules, bids and offers and (F) performing all other activities required of the Market Participant (or similar representative) for the Facility.
(iii) Without limiting Section 9.1(b), Seller shall perform its functions as the Market Participant (or similar representative) for the Facility before such Balancing Authorit[y][(ies)] according to the standards of performance set forth in Section 9.1(b).
(b) Notwithstanding Section 7.2(a), Buyer may, at its sole discretion at any time and from time to time during the term of this Agreement (but not during the period of time commencing one hundred and eighty (180) Days prior to the expected Delivery Term Commencement Date (which date Seller shall communicate to Buyer in writing at least two hundred and ten (210) Days prior to such date) and ending on the Delivery Term Commencement Date), elect to serve (or have its designee serve) as the Market Participant (or similar representative) for the Facility before the Balancing Authority applicable to the Injection Portion (including any applicable RTO or ISO) during all or part of the Delivery Term. In such event, the Parties, acting reasonably and in good faith, shall agree upon the modifications and amendments of this Agreement required to reflect the case that Buyer is the Market Participant (or similar representative) for the Facility before the Balancing Authority applicable to the Injection Portion and set forth the same as a new Schedule 7.2(b) to this Agreement as expeditiously as practicable; provided, however, that neither Party shall have any obligation to modify or amend the terms of this Agreement that have a net material adverse effect on any of such Party’s rights, benefits, risks or obligations under this Agreement after taking into account any reduction in such Party’s costs and any elimination, diminution or re-allocation of such Party’s risks under this Agreement that would result from such modifications or amendments. Each Party shall conduct any and all negotiations in connection therewith in good faith and fully consistent with the rights and obligations of Buyer and Seller set forth in this Agreement (including Section 7.3(e), Section 7.6 and Section 9.2). If Xxxxx and Seller do not agree upon and set forth such modifications as a new Schedule 7.2(b) to this Agreement within thirty (30) days after Xxxxx’s request, Buyer may submit the matters in Dispute for resolution in accordance with the dispute resolution processes set forth in Article XVIII. After this Agreement has been modified to include such new Schedule 7.2(b) (whether by agreement of the Parties or Dispute resolution), Seller shall cause the Balancing Authority applicable to the Injection Portion (i) to qualify and recognize Buyer (or its designee) as of the transition date selected by Buyer and notified to Seller (or, if not possible under applicable Balancing Authority rules, procedures and protocols and other applicable Laws, the next date thereafter that is possible under applicable Balancing Authority rules, procedures and protocols and other applicable Laws) and (ii) to terminate such qualification and recognition as of the earlier of (A) the date selected by Buyer and notified to Seller (or, if not possible under applicable Balancing Authority rules, procedures and protocols and other applicable Laws, the next date thereafter that is possible under applicable Balancing Authority rules, procedures and protocols and other applicable Laws) or (B) the end of the Delivery Term (or, if such qualification and recognition is made in advance of the start of the Delivery Term with effect as of the Delivery Term Commencement Date and this Agreement is terminated prior to the Delivery Term Commencement Date, prior to its effectiveness). Immediately upon Buyer (or its designee) becoming the Market Participant (or similar representative) for the Facility before the Balancing Authority applicable to the Injection Portion pursuant to this Section 7.2(b), the provisions set forth in Schedule 7.2(b) shall automatically take effect to modify the terms of this Agreement as set forth therein, and such provisions shall continue in full force and effect for so long as Buyer is the Market Participant (or similar representative) for the Facility before the Balancing Authority applicable to the Injection Portion. While such provisions are in effect, if there is any conflict that cannot reasonably be reconciled between the provisions of Schedule 7.2(b), and the body of this Agreement or any other schedule or exhibit to this Agreement, the provisions of Schedule 7.2(b) shall control and prevail.
Appears in 1 contract
Samples: Power Purchase Agreement
Market Participant. (a) Subject to Section 7.2(b):
(i) Throughout the term of this Agreement, Seller shall (or shall cause a designee to) act as the Market Participant (or similar representative) for the Facility before[each of (A) the Balancing Authority applicable to the Electric Interconnection Point and (B)45 B)39 the Balancing Authority applicable to the Injection Portion (including[, in each case,]46 case,]40 any applicable RTO or ISO), to the extent the concept of a Market Participant (or similar representative) for the Facility is applicable in such Balancing Authority. Without limiting the foregoing, Seller shall cause such Balancing Authorit[y][(ies)] to qualify and recognize Seller as the Market Participant or other representative for the Facility before such Balancing Authorit[y][(ies)] as of no later than the Delivery Term Commencement Date (or such later date as of which such concept is applicable) and maintain such qualification and recognition throughout the remainder of the Delivery Term (so long as such concept continues to be applicable).
(ii) As Market Participant (or similar representative) for the Facility before such Balancing Authorit[y][(ies)], Seller shall (or shall cause its designee to) perform all functions with respect to the Facility before such Balancing Authorit[y][(ies)], including, to the extent applicable, (A) arranging and performing any Open Access Same Time Information Systems (OASIS) tagging and transmission scheduling, (B) completing and filing all reports required by such Balancing Authorit[y][(ies)] from the Market Participant (or similar representative), (C) subject to Section 7.3(e), settlement with such Balancing Authorit[y][(ies)], (D) transmitting to such Balancing Authorit[y][(ies)] operational data and coordinating outages, (E) submitting Facility generation estimates, schedules, bids and offers and (F) performing all other activities required of the Market Participant (or similar representative) for the Facility.
(iii) Without limiting Section 9.1(b), Seller shall perform its functions as the Market Participant (or similar representative) for the Facility before such Balancing Authorit[y][(ies)] according to the standards of performance set forth in Section 9.1(b).
Appears in 1 contract
Samples: Power Purchase Agreement
