OPTION FOR ALTERNATIVE SUPPLY OF POWER. The Parties agree that the terms of Exhibit C shall provide an option for the provision of an additional Renewable Power Product to the Program.
OPTION FOR ALTERNATIVE SUPPLY OF POWER. Competitive Supplier shall provide power to Participating Customers, including through the purchase of REC’s, throughout the term of this ESA and from sources selected in Competitive Supplier’s own discretion. However, Program Manager desires to build or contract with a third party to supply renewable sources of energy (the “Renewable Power Source”) after the Effective Date of the Program for the benefit of the Participating Customers. Upon completion of any such Renewable Power Source the Program Manager may offer to sell output from the Renewable Power Source to Competitive Supplier, either directly or through an Associated Entity, under a separate Power Purchase Agreement (“PPA”). Program Manager understands and acknowledges that (i) Competitive Supplier shall have no obligation to enter into a PPA during the term of this ESA; and (ii) if Competitive Supplier agrees to enter into a PPA, then completion of a PPA is contingent upon (without limitation) Competitive Supplier’s confirmation (in its sole determination) that (a) the terms are in compliance with all rules, laws and regulations; (b) it has internal senior management approval after completion of financial, credit, legal and operation due diligence; and (c) the Parties have executed an amended ESA to incorporate terms of the PPA. In the event that Competitive Supplier elects not to enter into a PPA as described above and Program Manager enters into a third-party agreement, then the terms of this ESA shall remain unmodified and in full force and effect. If Competitive Supplier elects to enter into a PPA as described above, Competitive Supplier agrees to review a roster of Renewable Power Sources pre-approved by Program Manager and Competitive Supplier who retain a PPA form consistent with the needs of Program Manager and Competitive Supplier, provided, however, that final determination of a Renewable Power Source provider shall be in the sole discretion of Competitive Supplier and may be a source not listed on the roster. In the event Program Manager identifies output from Renewable Power Source(s) that Program Manager desires to assign to or request that the Competitive Supplier use in the Program, Program Manager will describe whether each product is unit-contingent or smoothed, and Program Manager will describe the projected (if unit contingent) or committed quantity (if smoothed) for RECs, Capacity and/or kWh, including time blocks for the product, if appropriate. Competitive Supplier and Progr...
