Common use of Obligation to Sell and Purchase Products Clause in Contracts

Obligation to Sell and Purchase Products. (a) Beginning on the Commercial Operation Date and subject to Section 4.1(b), Seller shall sell and Deliver, and Buyer shall purchase and receive, the Products produced by the Facility and capable of being Delivered, up to and including the Proposed Hourly Output, in accordance with the terms and conditions of this Agreement. The aforementioned obligations for Seller to sell and Deliver the Products and for Buyer to purchase and receive the same is Unit Contingent and shall be subject to the operation of the Facility. (b) Buyer shall not be obligated to purchase or accept any Products to the extent that such Products (i) exceed the Proposed Hourly Output in any hour or (ii) are Energy, or RECs associated with Energy, that is produced using any fuel or energy source other than one that qualifies the Facility as a Distributed Generation Facility. (c) Seller shall Deliver the Products produced by the Facility, up to and including the Proposed Hourly Output, exclusively to Buyer, and Seller shall not sell, divert, grant, transfer or assign such Products or any Certificate or other attribute associated with such Products to any Person other than Buyer during the Term. Seller shall not enter into any agreement or arrangement under which such Products can be claimed by any Person other than Buyer. Buyer shall have the exclusive right to resell or convey the Products in its sole discretion.

Obligation to Sell and Purchase Products. (a) Beginning on the Commercial Operation Date and subject to Section 4.1(b), Seller shall sell and Deliver, and Buyer shall purchase and receive, Buyer’s Percentage Entitlement of the Products produced by the Facility and capable of being Delivered, up to and including the Proposed Hourly Output, in accordance with the terms and conditions of this Agreement. The aforementioned obligations for Seller to sell and Deliver the Products and for Buyer to purchase and receive the same is Unit Contingent unit contingent and shall be subject to the operation of the Facility. (b) Buyer shall not be obligated to purchase or accept any Products to the extent that such Products exceed the Contract Maximum Amount in any hour. In addition, Buyer shall not be obligated to purchase any SREC or comparable certificate, credit or product produced by the Facility which fails to: (i) exceed conform with the Proposed Hourly Output eligibility criteria for a Solar Carve-Out Renewable Energy Certificate as set forth in any hour the applicable Massachusetts regulations, or (ii) are Energy, or RECs be eligible to satisfy the RPS as an Environmental Attribute associated with Energy, that is produced using any fuel or energy source other than one that qualifies the Facility as a Distributed specified MWh of generation from such Solar Carve-Out Renewable Generation FacilityUnit. (c) Seller shall Deliver Buyer’s Percentage Entitlement of the Products produced by the Facility, up to and including the Proposed Hourly OutputContract Maximum Amount, exclusively to Buyer, and Seller shall not sell, divert, grant, transfer or assign such Products or any Certificate certificate or other attribute associated with such Products to any Person other than Buyer during the Term. Seller shall not enter into any agreement or arrangement under which such Products can be claimed by any Person other than Buyer. Buyer shall have the exclusive right to resell or convey the Products in its sole discretion.

Obligation to Sell and Purchase Products. (a) Beginning on the Commercial Operation Date DateDuring the Services Term and subject to Section 4.1(b), Seller shall sell and Deliver, and Buyer shall purchase and receive, all of the Products produced by the Facility and capable of being Delivered, up to and including the Proposed Hourly Output, in accordance with the terms and conditions of this Agreement. The aforementioned obligations for Seller to sell and Deliver the Products and for Buyer to purchase and receive the same is Unit Contingent and shall be subject to the operation of the Facility. Buyer shall have the exclusive right to resell or convey the Products in its sole discretion. (b) Buyer shall not be obligated to purchase or accept any Products to the extent that such Products (i) exceed the Proposed Hourly Output in any hour or (ii) are Energy, or RECs associated with Energy, that is produced using any fuel or energy source other than one that qualifies the Facility as a Distributed Generation Facility. (c) Seller shall Deliver the Products produced by the Facility, up to and including the Proposed Hourly Output, exclusively to Buyer, and Seller shall not sell, divert, grant, transfer or assign such Products or any Certificate or other attribute associated with such Products to any Person other than Buyer during the Term. Seller shall not enter into any agreement or arrangement under which such Products can be claimed by any Person other than Buyer. Buyer shall have the exclusive right to resell or convey the Products in its sole discretion.

Obligation to Sell and Purchase Products. (a) Beginning on the Commercial Operation Date and subject to Section 4.1(b)Date, Seller shall sell and Deliver, and Buyer shall purchase and receive, Buyer’s Percentage Entitlement of the Products produced by the Facility and capable of being Delivered, up to and including the Proposed Hourly Output, in accordance with the terms and conditions of this Agreement. The aforementioned obligations for Seller to sell and Deliver Buyer's Percentage Entitlement of the Products and for Buyer to purchase and receive the same is Unit Contingent are unit contingent and shall be subject to the operation of the Facility. (b) Buyer shall not be obligated to purchase or accept any Products to the extent that such Products (i) exceed the Proposed Hourly Output in any hour or (ii) are Energy, or RECs associated with Energy, that is produced using any fuel or energy source other than one that qualifies the Facility as a Distributed Generation Facility. (c) Seller shall Deliver Buyer’s Percentage Entitlement of the Products produced by the Facility, up to and including the Proposed Hourly Output, exclusively Facility (except as otherwise provided herein for Capacity),exclusively to Buyer, and Seller shall not sell, divert, grant, transfer or assign such Products or any Certificate certificate or other attribute associated with such Products to any Person other than Buyer during the TermTerm unless otherwise specifically provided herein. Seller shall not enter into any agreement or arrangement under which such Products can be claimed by any Person other than BuyerBuyer except as otherwise specifically provided herein. Buyer shall have the exclusive right to resell or convey the Products in its sole discretiondiscretion except as provided in Section 5.1(b) with respect to RECs, and as provided in Section 9.3(a) with respect to all Products.

Obligation to Sell and Purchase Products. (a) Beginning on the Commercial Operation Date and subject to Section 4.1(b), Seller shall sell and Deliver, and Buyer shall purchase and receive, Buyer’s Percentage Entitlement of the Products produced by the Facility and capable of being Delivered, up to and including the Proposed Hourly Output, in accordance with the terms and conditions of this Agreement. The aforementioned obligations for Seller to sell and Deliver the Products and for Buyer to purchase and receive the same is Unit Contingent unit contingent and shall be subject to the operation of the Facility. (b) . Buyer shall not be obligated to purchase or accept any Products to the extent that such Products exceed the Contract Maximum Amount in any hour. In addition, Buyer shall not be obligated to purchase any SREC or comparable certificate, credit or product produced by the Facility which fails to: (i) exceed conform with the Proposed Hourly Output eligibility criteria for a Solar Carve-Out Renewable Energy Certificate as set forth in any hour the applicable Massachusetts regulations, or (ii) are Energy, or RECs be eligible to satisfy the RPS as an Environmental Attribute associated with Energy, that is produced using any fuel or energy source other than one that qualifies the Facility as a Distributed specified MWh of generation from such Solar Carve-Out Renewable Generation Facility. (c) Unit. Seller shall Deliver Buyer’s Percentage Entitlement of the Products produced by the Facility, up to and including the Proposed Hourly OutputContract Maximum Amount, exclusively to Buyer, and Seller shall not sell, divert, grant, transfer or assign such Products or any Certificate certificate or other attribute associated with such Products to any Person other than Buyer during the Term. Seller shall not enter into any agreement or arrangement under which such Products can be claimed by any Person other than Buyer. Buyer shall have the exclusive right to resell or convey the Products in its sole discretion.

Obligation to Sell and Purchase Products. (a) Beginning on the Commercial Operation Date and subject to Section 4.1(b), Seller shall sell and Deliver, and Buyer shall purchase and receive, Buyer’s Percentage Entitlement of the Products produced by the Facility and capable of being Delivered, up to and including the Proposed Hourly Output, in accordance with the terms and conditions of this Agreement. The aforementioned obligations for Seller to sell and Deliver Buyer's Percentage Entitlement of the Products and for Buyer to purchase and receive the same is Unit Contingent isare unit contingent and shall be subject to the operation of the Facility. (b) Buyer shall not be obligated to purchase or accept any Products to the extent that such Products (i) exceed the Proposed Hourly Output Contract Maximum Amount in any hour or (ii) are Energy, or RECs associated with Energy, that is produced using any fuel or energy source other than one that qualifies the Facility as a Distributed Generation Facilityhour. (c) Seller shall Deliver Buyer’s Percentage Entitlement of the Products produced by the Facility, up to and including the Proposed Hourly Output, exclusively Contract Maximum Amount (except as otherwise provided herein for Capacity),exclusively to Buyer, and Seller shall not sell, divert, grant, transfer or assign such Products or any Certificate certificate or other attribute associated with such Products to any Person other than Buyer during the TermTerm unless otherwise specifically provided herein. Seller shall not enter into any agreement or arrangement under which such Products can be claimed by any Person other than BuyerBuyer except as otherwise specifically provided herein. Buyer shall have the exclusive right to resell or convey the Products in its sole discretion. except as provided in Section 5.1(b) with respect to RECs, and as provided in Section 9.3(a) with respect to all Products.

Obligation to Sell and Purchase Products. (a) Beginning on the Commercial Operation Date and subject to Section 4.1(b), Seller shall sell and Deliver, and Buyer shall purchase and receive, the Products produced by the Facility and capable of being Delivered, up to and including the Proposed Contract Maximum AmountProposed Hourly Output, in accordance with the terms and conditions of this Agreement. The aforementioned obligations for Seller to sell and Deliver the Products and for Buyer to purchase and receive the same is Unit Contingent and shall be subject to the operation of the Facility. (b) Buyer shall not be obligated to purchase or accept any Products to the extent that such Products (i) exceed the Contract Maximum Amount Proposed Hourly Output in any hour or (ii) are Energy, or RECs associated with Energy, that is produced using any fuel or energy source other than one that qualifies the Facility as a Distributed Generation Facility. (c) Seller shall Deliver the Products produced by the Facility, up to and including the Proposed Contract Maximum AmountProposed Hourly Output, exclusively to Buyer, and Seller shall not sell, divert, grant, transfer or assign such Products or any Certificate or other attribute associated with such Products to any Person other than Buyer during the Term. Seller shall not enter into any agreement or arrangement under which such Products can be claimed by any Person other than Buyer. Buyer shall have the exclusive right to resell or convey the Products in its sole discretion.