Common use of Other Attributes Clause in Contracts

Other Attributes. The Parties agree that this Agreement entitles NYSERDA to all Environmental Attributes of the Actual Production up to the energy equivalent (in MWh) of the Annual OREC Cap. Accordingly, Seller shall not sell, transfer, retire or otherwise dispose of any Environmental Attributes associated with the Actual Production during the Contract Delivery Term unless (a) approved by NYSERDA, or (b) if such other Environmental Attributes are associated with the Actual Production produced in excess of the energy equivalent (in MWh) of the Annual OREC Cap. In the event that, because of the Environmental Attributes of the Actual Production, Seller becomes eligible for credits, allowances or other benefits under any emission-trading, emission-recordation, renewable energy, or other greenhouse gas emissions reduction regime other than the Clean Energy Standard and the Offshore Wind Standard (“Credits”), NYSERDA may request that Seller take all commercially reasonable actions necessary to apply for and secure such title to such Credits, to the maximum extent to which the Selected Project is entitled. In the event the incremental costs to Seller of obtaining such Credits exceeds a de minimis administrative cost, Seller shall provide written notice to NYSERDA prior to incurring any such incremental costs, and the Parties shall discuss in good faith reimbursement for such incremental costs. Seller shall provide NYSERDA with evidence of taking such actions. NYSERDA and Seller shall reasonably cooperate to cause title to such Credits to be conveyed to NYSERDA after such title is secured by Seller. 17

Other Attributes. The Parties agree that this Agreement entitles NYSERDA to all Environmental Attributes of the Actual Production up to the energy equivalent (in MWh) of the Annual OREC Cap. Accordingly, Seller shall not sell, transfer, retire or otherwise dispose of any Environmental Attributes associated with the Actual Production during the Contract Delivery Term unless (a) approved by NYSERDA, or (b) if such other Environmental Attributes are associated with the Actual Production produced in excess of the energy equivalent (in MWh) of the Annual OREC Cap. In the event that, because of the Environmental Attributes of the Actual Production, Seller becomes eligible for credits, allowances or other benefits under any emission-trading, emission-recordation, renewable energy, or other greenhouse gas emissions reduction regime other than the Clean Energy Standard and the Offshore Wind Standard (“Credits”), NYSERDA may request that Seller take all commercially reasonable actions necessary to apply for and secure such title to such Credits, to the maximum extent to which the Selected Project is entitled. In the event the incremental costs to Seller of obtaining such Credits exceeds a de minimis administrative cost, Seller shall provide written notice to NYSERDA prior to incurring any such incremental costs, and the Parties shall discuss in good faith reimbursement for such incremental costs. Seller shall provide NYSERDA with evidence of taking such actions. NYSERDA and Seller shall reasonably cooperate to cause title to such Credits to be conveyed to NYSERDA after such title is secured by Seller. 17.

Other Attributes. The Parties agree that this Agreement entitles NYSERDA to all Environmental Attributes of the Actual Production up to the energy equivalent (in MWh) of the Annual OREC Cap. Accordingly, Seller shall not sell, transfer, retire or otherwise dispose of any Environmental Attributes associated with the Actual Production during the Contract Delivery Term unless (a) approved by NYSERDA, or (b) if such other Environmental Attributes are associated with the Actual Production produced in excess of the energy equivalent (in MWh) of the Annual OREC Cap. In the event that, because of the Environmental Attributes of the Actual Production, Seller becomes eligible for credits, allowances or other benefits under any emission-trading, emission-emission- recordation, renewable energy, or other greenhouse gas emissions reduction regime other than the Clean Energy Standard and the Offshore Wind Standard (“Credits”), NYSERDA may request that Seller take all commercially reasonable actions necessary to apply for and secure such title to such Credits, to the maximum extent to which the Selected Project is entitled. In the event the incremental costs to Seller of obtaining such Credits exceeds a de minimis administrative cost, Seller shall provide written notice to NYSERDA prior to incurring any such incremental costs, and the Parties shall discuss in good faith reimbursement for such incremental costs. Seller shall provide NYSERDA with evidence of taking such actions. NYSERDA and Seller shall reasonably cooperate to cause title to such Credits to be conveyed to NYSERDA after such title is secured by Seller. 17.