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

Obligation to Sell and Purchase Products. (a) During 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.

Appears in 4 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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