Other Balancing Authority Matters Sample Clauses

Other Balancing Authority Matters. (a) If, as is the case on the Effective Date, (I) the Balancing Authority applicable to the Injection Portion includes an RTO or ISO or (II) tagging, scheduling, offering and/or bidding of the Products with such Balancing Authority (including into any marketplace administered by such Balancing Authority) is otherwise permitted or required, then: (i) Without limiting Section 7.2(a) (if applicable), Seller shall (or shall cause its designee to): (A) schedule, offer and/or bid the Products with such Balancing Authority at the Injection Point; (B) tag the Products; and (C) settle any such tags, schedules, offers and/or bids with the applicable Balancing Authority(ies), subject to any re-allocation of associated amounts, if applicable, expressly provided in this Agreement (including Section 7.3(e)); provided, however, that Seller shall (or shall cause its designee to) (1) tag, schedule, offer and/or bid the Products pursuant to this Section 7.3(a)(i) only as required to comply with applicable Balancing Authority rules, procedures and protocols and other applicable Laws or otherwise to perform its obligations under this Agreement (including as required to generate, provide, deliver and transfer the Products to Buyer according to this Agreement) and (2) shall do so in a manner that results in compliance with its obligations under this Agreement (including Section 4.5 and Section 7.4). (ii) If, at any time, tagging of the Products is required by applicable Balancing Authority rules, procedures and protocols and other applicable Laws or otherwise for Seller to perform its obligations under this Agreement (including as required to generate, provide, deliver and transfer the Products to Buyer according to this Agreement), then, effective as of such time and for the remainder of the Delivery Term (so long as tagging continues to be required as provided above), (A) Seller shall cause the Facility to be eligible, registered and active for tagging and (B) Seller and Buyer each shall be registered as a “purchasing selling entity” and subscribed for tag agent service with the Specified Tag Agent. During any period that tagging is required according to the immediately preceding sentence, Seller shall, no later than the Applicable Tag Deadline for such tag, create and submit to the tag agent service a tag to Buyer in a form compliant with applicable Laws (and the requirements of the Specified Tag Agent) correctly reflecting, for each applicable MISO Settlement Interval, all ...
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Other Balancing Authority Matters. Formatted:
Sample 1

Related to Other Balancing Authority Matters

  • Treatment of Unallowable Costs Previously Submitted for Payment Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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