MMC Bilateral Transactions Clause Samples
MMC Bilateral Transactions. In the event that MMC directly and independently enters into a bilateral Power or Capacity transaction between MMC and a Third Party (an “MMC Bilateral Transaction”), Energy Manager shall coordinate the dispatch of Power in connection with such bilateral transaction and may, at its discretion, elect to provide Gas Management Services in connection with such bilateral transaction and in the same manner and scope contemplated under this Agreement; provided, however, that promptly upon execution of a bilateral transaction with a Third Party, MMC shall furnish Energy Manager with: (i) copies of documentation implementing such bilateral transaction; and (ii) written authority for Energy Manager to act on MMC’s behalf in connection with such transaction; and provided, further, that the Parties have reached agreement on the fee, if any, due to Energy Manager for the provision of such additional services.
MMC Bilateral Transactions. In the event that MMC receives an offer for a bilateral Power or Capacity transaction from a Third Party, it shall provide Energy Manager with sufficient information regarding such offer, including any and all written terms and prices, and shall provide Energy Manager with at least [***] to respond with an offer which is at least equivalent to such Third Party offer. If Energy Manager does not respond or rejects such right of first refusal from MMC, MMC may directly and independently enter into such bilateral Power or Capacity transaction (an “MMC Bilateral Transaction”), Energy Manager shall coordinate the dispatch of Power in connection with such bilateral transaction and may, at its discretion, elect to provide Gas Management Services in connection with such bilateral transaction and in the same manner and scope contemplated under this Agreement; provided, however, that promptly upon execution of a bilateral transaction with a Third Party, MMC shall furnish Energy Manager with: copies of documentation implementing such bilateral transaction; and provided, further, that (x) any Power Revenues and Gas Revenues shall be included in the calculation of Total Gross Margin for such month and (y) the Parties have reached agreement on the fee, if any, due to Energy Manager for the provision of such additional services.