Obtaining and Maintaining CEC Certification and Verification. Subject to the Compliance Cost Cap, Seller shall take all necessary steps including making or supporting timely filings with the CEC to obtain and maintain CEC Certification and Verification throughout the Term.
Obtaining and Maintaining CEC Certification and Verification. Seller shall follow the appropriate procedures, including, but not limited to, making or supporting timely filings with the CEC, to obtain and maintain CEC Certification and Verification throughout the Facility Term; provided however that:
(a) This obligation shall not apply to the extent that Seller is unable to obtain or maintain CEC Certification and Verification because of a change in the RPS Legislation, or the rules or regulations relating thereto, occurring after the Master Agreement Effective Date; and
(b) Seller has made commercially reasonable efforts to obtain and maintain CEC Certification and Verification under the then current Applicable Law. Seller shall not be required to incur out of pocket costs in excess of $25,000 in any year in order to obtain and maintain CEC Certification and Verification under the then current Applicable Law.
Obtaining and Maintaining CEC Certification and Verification. Seller shall file an application for pre-certification with the CEC no later than the Construction Start Date, and shall take all necessary steps including, but not limited to, making or supporting timely filings with the CEC to obtain and maintain CEC Certification and Verification throughout the Term.
Obtaining and Maintaining CEC Certification and Verification. Seller shall take all necessary steps including making or supporting timely filings with the CEC to obtain and maintain CEC Certification and Verification throughout the Term; provided however that:
(a) This obligation shall not apply to the extent that Seller is unable to obtain or maintain the CEC Certification and Verification using commercially reasonable efforts because of (i) a change in RPS Legislation occurring after the Effective Date, or (ii) a change in Applicable Laws directly impacting CEC Certification and Verification occurring after the Effective Date; and
(b) The term “commercially reasonable efforts” in Section 3.18(a) of this Agreement shall not require Seller to pay or incur more than Two Hundred Thousand dollars ($200,000) multiplied by the Seller Factor per year (the “Annual Compliance Cap”), but in no event greater than One Million Five Hundred Seventy-Five Thousand dollars ($1,575,000) multiplied by the Seller Factor over the Term (the “Term Compliance Cap”), to obtain and maintain such CEC Certification and Verification.
(c) In the event that Seller would be required to expend more than the Annual Compliance Cap or the Term Compliance Cap in order to maintain CEC Certification and Verification, Seller shall provide Notice to SCE of Seller’s good faith determination of the actions to be taken by Seller in order to maintain CEC Certification and Verification that exceed those actions covered under the Annual Compliance Cap or the Term Compliance Cap, as applicable (the “Excess Compliance Actions”) and Seller’s good faith estimate of the costs for such actions. SCE shall have 60 days to evaluate the Notice and, within that time, may agree to reimburse Seller for all or some portion of the costs for the Excess Compliance Actions (such SCE-agreed upon costs, the “Accepted Compliance Costs”). If SCE agrees to reimburse Seller for the Accepted Compliance Costs, then Seller shall (i) promptly take such Excess Compliance Actions as are agreed on by the Parties (to the extent the cost of such Excess Compliance Actions does not exceed the Accepted Compliance Costs) and (ii) invoice SCE for the actual costs, not to exceed the Accepted Compliance Costs. SCE shall reimburse Seller for Seller’s actual costs for the Excess Compliance Actions, not to exceed the Accepted Compliance Costs, within ten (10) days after SCE’s receipt of the invoice for such costs.
Obtaining and Maintaining CEC Certification and Verification. The contents of this document are subject to restrictions on disclosure as set forth herein.
Obtaining and Maintaining CEC Certification and Verification. Seller shall take all necessary steps including, but not limited to, making or supporting timely filings with the CEC to obtain and maintain CEC Certification and Verification throughout the Term. For the sake of certainty, nothing in this Section 3.1(n) shall require Seller to take any action that would exceed the RPS Qualification Expenditure Maximum set forth in Section 10.2(c) in the event of a change in Law that would trigger Section 10.2(c), except as set forth in Section 10.2(c).
Obtaining and Maintaining CEC Certification and Verification. Seller shall take all necessary steps including making or supporting timely filings with the CEC to obtain and maintain CEC Certification and Verification throughout the Term; provided however, that
(a) This obligation shall not apply to the extent that Seller is unable to obtain or maintain the CEC Certification and Verification using commercially reasonable efforts because of (i) a change in the RPS Legislation occurring after the Effective Date, or (ii) a change in Applicable Laws directly impacting CEC Certification and Verification occurring after the Effective Date; and
(b) The term “commercially reasonable efforts” in Section 3.17(a) of this Agreement shall not require Seller to pay or incur more than fifteen thousand dollars ($15,000) per year to obtain and maintain such CEC Certification and Verification.
Obtaining and Maintaining CEC Certification and Verification. Seller shall take all reasonably necessary steps including, but not limited to, making or supporting timely filings with the CEC to obtain and maintain CEC Certification and Verification throughout the Term; provided, however, that (a) Seller shall not be required to incur any unreimbursed capital costs and/or operating expenses in order to comply with any modifications to CEC requirements or procedures after the Execution Date (other than non-material administrative costs), but shall be required to make such commercially reasonable modifications and take such other commercially reasonable steps to obtain, comply with or maintain CEC Certification and Verification that are reimbursed by Buyer, and (b) Seller shall not be in breach of this Section 10.17 if the sole reason for such breach is Seller’s inability to maintain CEC Certification and Verification because of an amendment or modification to the statutory provisions related to Eligible Renewable Energy Resources or the RPS, including an adverse interpretation thereof by any applicable Governmental Authority, which amendment, modification, or adverse interpretation is issued subsequent to the Execution Date.
Obtaining and Maintaining CEC Certification and Verification. Compliance Expenditure Cap 38 3.20 Notice of Cessation or Termination of Service Agreements 39 3.21 Lost Output Report 40 3.22 CAISO Charges, CAISO Sanctions and SCE Penalties 41 3.23 Actual Availability Report 41
Obtaining and Maintaining CEC Certification and Verification. Seller shall take all necessary steps including making or supporting timely filings with the CEC to obtain and maintain CEC Certification and Verification throughout the Term; provided, however, that this obligation shall not apply to the extent that Seller is unable to obtain and maintain CEC Certification and Verification because of a change in the RPS Legislation, or the rules or regulations relating thereto, occurring after the Effective Date and Seller has made “commercially reasonable efforts” to obtain and maintain CEC Certification and Verification under the then-current Applicable Law.
