No Sales to Third Parties. During the Term, Seller shall not sell any Net Output, energy, Green Tags or Capacity Rights from the Facility to any party other than PacifiCorp; provided, however, that this restriction shall not apply during periods when PacifiCorp is in default hereof because it has failed to accept or purchase that Net Output or Green Tags as required hereunder.
No Sales to Third Parties. The Parties agree that the Company shall not, without the prior written consent of BPDB, sell or deliver electric energy produced by the Project to any other Party than the BPDB.
No Sales to Third Parties. One hundred percent (100%) of the Product from the Facility shall be dedicated exclusively to PacifiCorp for so long as this Agreement is in force and effect. Except as provided for in Section 11.7, Seller shall not: (a) sell, divert, grant, transfer or assign Product to any Person other than PacifiCorp or report to any Person that any Product belongs to anyone other than PacifiCorp; (b) provide PacifiCorp with any Product from any source other than the Facility; or (c) divert, redirect or make available the Facility or any resource therefrom to another generating facility or storage facility or any third party. PacifiCorp may report to any Person that it exclusively owns the Product, including the Capacity Rights, if any, and the Green Tags existing during the Term. The Parties agree that remedies at law may be inadequate in the event of a breach of this Section 4.3, and Seller agrees that PacifiCorp shall be entitled, without proof of actual damages and without necessity of posting bond or other security, to temporary, preliminary and permanent injunctive relief from any Governmental Authority of competent jurisdiction restraining Seller from committing or continuing any breach of this Section 4.3.
No Sales to Third Parties. Except to the extent that electric energy is required for the operation of any part of the Facility, the Parties agree that, during the Term, the Company shall not, without the prior written consent of BPDB:
No Sales to Third Parties. During the Term, Seller will not sell any Net Output, energy, capacity or Environmental Attributes from the Facility to any party other than Utility; provided, however, that this restriction does not apply during periods when Utility is in default under this Agreement because it has failed to accept or purchase Net Output as required under this Agreement or, with respect to Environmental Attributes, to the extent title to such Environmental Attributes does not pass to Utility under this Agreement.
No Sales to Third Parties. During the Term, Seller shall not sell any Net Output, energy, or Capacity Rights from the Facility to any party other than PacifiCorp; provided, however, that (a) this restriction shall not apply during periods when PacifiCorp is in default hereof because it has failed to accept or purchase that Net Output as required hereunder, and (b) this restriction shall not apply during periods when PacifiCorp is not accepting or purchasing Net Output due to an event of Force Majeure or a curtailment under Section 4.4, as long as sales to third parties during the Force Majeure or curtailment event does not adversely affect PacifiCorp’s Network Resource designation.
No Sales to Third Parties. The Parties agree that Project Company shall not during the Term sell or deliver electric capacity or energy produced by the Facility to any other entity than GPA. No Payment for Test Energy Prior to the Phase 1 Commercial Operation Date, GPA shall not pay for energy delivered to GPA during Testing and Commissioning.
No Sales to Third Parties. During the Term of this Agreement, energy from the Facility must not be committed for sale to any Person other than Georgia Power.
No Sales to Third Parties. The Parties agree that Project Company shall not during the Term sell or deliver electric capacity or energy produced by the Facility to any other entity than GPA.
No Sales to Third Parties. During the Term, Seller shall not sell any Net Output, energy, RECs, or Capacity Rights from the Facility to any party other than Buyer; provided, however, that this restriction shall not apply with respect to Net Output or RECs during periods when Buyer is in default hereof because it has, without excuse, failed to accept or purchase such Net Output or RECs if required to hereunder.
