Common use of Mitigation Rights Clause in Contracts

Mitigation Rights. After a Change in ISO Tariff, SCE shall have the rights (individually, or in any combination, the “SCE Mitigation Rights”), subject to the limitations set forth below in Section 11.04(b) to: (i) Make any decisions regarding Seller’s bids for congestion in ISO- administered markets in order to: (1) Minimize SCE cost exposure to any ISO Change Cost Payment to Seller with respect to this Article Eleven and Exhibit P; and (2) Minimize Seller’s cost exposure with respect to Article Eleven and Exhibit P, which decision-making right shall become effective upon SCE providing to Seller three (3) Business Days Notice, provided, however, that: (3) Any changes in ISO charges or Seller’s Actual Revenue as a result of the exercise of SCE’s Mitigation Rights be accounted for in any calculation to be made pursuant to Exhibit P; (4) Prior to giving the above-described Notice of its intent to exercise decision-making rights, SCE shall make commercially reasonable efforts to consult with Seller regarding an adjustment bidding strategy and shall make commercially reasonable efforts to consult with Seller upon making material changes to such strategy; and (5) SCE shall only exercise its decision-making right in full compliance with the ISO Tariff, including the requirements of PIRP and Applicable Law, and shall not exercise its decision- making right in a manner that causes Seller to experience any adverse financial effect as a direct result of SCE exercising such decision-making rights for which Seller shall not be compensated under Sections 11.02 and 11.03 or otherwise. (ii) Become Seller’s Scheduling Coordinator in replacement of any person or entity providing Scheduling Coordinator services for Seller, which Scheduling Coordinator change shall become effective upon SCE providing to Seller forty five (45) days Notice if SCE is not satisfied that its bids are being implemented by Seller in a cost effective manner in accordance with SCE’s instructions. The provisions of Section 3.19(b) and Section 4.05 shall not apply if SCE is acting as Seller’s Scheduling Coordinator under this Section 11.04(a)(ii) and Seller is in PIRP or a successor program, but shall apply if SCE is acting as Seller’s Scheduling Coordinator under this Section 11.04(a)(ii) and Seller is not in PIRP or a successor program.

Mitigation Rights. After a Change in ISO Tariff, SCE shall have the rights (individually, or in any combination, the “SCE Mitigation Rights”), subject to the limitations set forth below in Section 11.04(b11.04(a)(ii) to: (i) Make any decisions regarding Seller’s bids for congestion in ISO- administered markets in order to: (1) Minimize SCE cost exposure to any ISO Change Cost Payment to Seller with respect to this Article Eleven Twelve and Exhibit PM; and (2) Minimize Seller’s cost exposure with respect to Article Eleven Twelve and Exhibit PM, which decision-making right shall become effective upon SCE providing to Seller three (3) Business Days Notice, provided, however, that: (3) Any changes in ISO charges or Seller’s Actual Revenue as a result of the exercise of SCE’s Mitigation Rights be accounted for in any calculation to be made pursuant to Exhibit PM; (4) Prior to giving the above-described Notice of its intent to exercise decision-making rights, SCE shall make commercially reasonable efforts to consult with Seller regarding an adjustment bidding strategy and shall make commercially reasonable efforts to consult with Seller upon making material changes to such strategy; and (5) SCE shall only not exercise its decision-making right in full compliance with the ISO Tariff, including the requirements of PIRP and Applicable Law, and shall not exercise its decision- making right in a manner that causes Seller to experience any adverse financial effect in excess of the ISO Change Cost Threshold Amount as a direct result of SCE exercising such decision-making rights for which Seller shall not be compensated under Sections 11.02 and 11.03 or otherwise11.03. (ii) Become Seller’s Scheduling Coordinator in replacement of any person or entity providing Scheduling Coordinator services for Seller, which Scheduling Coordinator change shall become effective upon SCE providing to Seller forty five (45) days Notice if SCE is not satisfied that its bids are being implemented by Seller in a cost effective manner in accordance with SCE’s instructions. The provisions of Section 3.19(b) and Section 4.05 shall not apply if SCE is acting as Seller’s Scheduling Coordinator under this Section 11.04(a)(ii) and Seller is in PIRP or a successor program, but shall apply if SCE is acting as Seller’s Scheduling Coordinator under this Section 11.04(a)(ii) and Seller is not in PIRP or a successor program.

Mitigation Rights. After a Change in ISO Tariff, SCE shall have the rights (individually, or in any combination, the “SCE Mitigation Rights”), subject to the limitations set forth below in Section 11.04(b11.04(a)(ii) to: (i) Make any decisions regarding Seller’s bids for congestion in ISO- ISO-administered markets in order to: (1) Minimize SCE cost exposure to any ISO Change Cost Payment to Seller with respect to this Article Eleven Twelve and Exhibit PM; and (2) Minimize Seller’s cost exposure with respect to Article Eleven Twelve and Exhibit PM, which decision-making right shall become effective upon SCE providing to Seller three (3) Business Days Notice, provided, however, that: (3) Any changes in ISO charges or Seller’s Actual Revenue as a result of the exercise of SCE’s Mitigation Rights be accounted for in any calculation to be made pursuant to Exhibit PM; (4) Prior to giving the above-described Notice of its intent to exercise decision-making rights, SCE shall make commercially reasonable efforts to consult with Seller regarding an adjustment bidding strategy and shall make commercially reasonable efforts to consult with Seller upon making material changes to such strategy; and (5) SCE shall only not exercise its decision-making right in full compliance with the ISO Tariff, including the requirements of PIRP and Applicable Law, and shall not exercise its decision- making right in a manner that causes Seller to experience any adverse financial effect in excess of the ISO Change Cost Threshold Amount as a direct result of SCE exercising such decision-making rights for which Seller shall not be compensated under Sections 11.02 and 11.03 or otherwise11.03. (ii) Become Seller’s Scheduling Coordinator in replacement of any person or entity providing Scheduling Coordinator services for Seller, which Scheduling Coordinator change shall become effective upon SCE providing to Seller forty five (45) days Notice if SCE is not satisfied that its bids are being implemented by Seller in a cost effective manner in accordance with SCE’s instructions. The provisions of Section 3.19(b) and Section 4.05 shall not apply if SCE is acting as Seller’s Scheduling Coordinator under this Section 11.04(a)(ii) and Seller is in PIRP or a successor program, but shall apply if SCE is acting as Seller’s Scheduling Coordinator under this Section 11.04(a)(ii) and Seller is not in PIRP or a successor program.