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.
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
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.
Appears in 2 contracts
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 Xxxxxx 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.
Appears in 1 contract
Samples: Power Purchase Agreement
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; provided, however, that paragraphs (a) and (c) shall not apply solely during periods when PacifiCorp is in default of its obligation to accept and purchase Net Output or Green Tags in accordance with this Agreement. Subject to Section 11.7, 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 Xxxxxx 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.
Appears in 1 contract
Samples: Power Purchase Agreement
No Sales to Third Parties. One hundred percent (100%) of the Storage Product from the Storage 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 Storage Product to any Person other than PacifiCorp or report to any Person that any Storage Product belongs to anyone other than PacifiCorp; (b) provide PacifiCorp with any Storage Product from any source other than the Storage Facility; or (c) divert, redirect or make available the Storage Facility or any resource therefrom to another generating facility or storage facility or any third party. Subject to Section 11.7, PacifiCorp may report to any Person that it exclusively owns the Product, including the Capacity Rights, if any, and the Green Tags existing Storage Product during the TermTerm of this Agreement. The Parties agree that remedies at law may be inadequate in the event of a breach of this Section 4.3, and Seller Xxxxxx 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.
Appears in 1 contract
Samples: Energy Storage Agreement
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; provided, however, that paragraphs (a) and (c) shall not apply solely during periods when PacifiCorp is in default of its obligation to accept and purchase Net Output or Green Tags in accordance with this Agreement. Subject to Section 11.7, 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 Xxxxxx 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 4.3.4.3.β
Appears in 1 contract
Samples: Power Purchase Agreement
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 Xxxxxx 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.
Appears in 1 contract
Samples: Power Purchase Agreement