Common use of Other Balancing Authority Matters Clause in Contracts

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 information required to create a complete and accurate “source-to-sink” tag consistent with Seller’s obligations under this Agreement. Further, if, after the creation of such tag, Xxxxxx becomes aware that (as a result of an error or for any other reason) such tag does not comply with the immediately preceding sentence, Seller shall, to the extent permitted by applicable Laws, adjust such tag to bring it into compliance. Without limiting Section 4.5, Section 7.3(e), Section 7.6 or Section 9.2(a), Seller shall be responsible for any errors in any tag (and for any failure to perform resulting from any failure to tag or faulty tagging), and, for the avoidance of doubt, the immediately preceding sentence shall not be interpreted as excusing Seller if applicable Laws do not permit Seller to adjust an errant tag. If, at any time after tagging is in effect according to this Section 7.3(a)(ii), tagging is no longer required by applicable Balancing Authority rules, procedures and protocols and other applicable Laws or otherwise for Seller to perform its obligations under this Agreement, Seller shall (even if tagging is permitted) promptly remove the Facility from active tagging and cease tagging pursuant to this Section 7.3(a)(ii). (iii) In respect of each MISO Settlement Interval for each MISO Market, Buyer shall, unless Buyer has elected pursuant to Section 7.4 to curtail all of the Contract Energy to be delivered from the Facility to Buyer at the Energy Financial Delivery Point for such MISO Settlement Interval, provide to Seller, by electronic mail or other electronic transmission acceptable to Seller in its reasonable discretion, a notice setting forth the Minimum Market Price for each MWh of Contract Energy and Storage Energy that may be delivered from the Generating Facility and Storage Facility, respectively, to Buyer at the Energy Financial Delivery Point during such MISO Settlement Interval in such MISO Market. Buyer shall provide such notice to Seller by the MMP Deadline applicable with respect to such MISO Settlement Interval for such MISO Market.

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 information required to create a complete and accurate “source-to-sink” tag consistent with Seller’s obligations under this Agreement. Further, if, after the creation of such tag, Xxxxxx Seller becomes aware that (as a result of an error or for any other reason) such tag does not comply with the immediately preceding sentence, Seller shall, to the extent permitted by applicable Laws, adjust such tag to bring it into compliance. Without limiting Section 4.5, Section 7.3(e), Section 7.6 or Section 9.2(a), Seller shall be responsible for any errors in any tag (and for any failure to perform resulting from any failure to tag or faulty tagging), and, for the avoidance of doubt, the immediately preceding sentence shall not be interpreted as excusing Seller if applicable Laws do not permit Seller to adjust an errant tag. If, at any time after tagging is in effect according to this Section 7.3(a)(ii), tagging is no longer required by applicable Balancing Authority rules, procedures and protocols and other applicable Laws or otherwise for Seller to perform its obligations under this Agreement, Seller shall (even if tagging is permitted) promptly remove the Facility from active tagging and cease tagging pursuant to this Section 7.3(a)(ii). (iii) In respect of each MISO Settlement Interval for each MISO Market, Buyer shall, unless Buyer has elected pursuant to Section 7.4 to curtail all of the Contract Energy to be delivered from the Facility to Buyer at the Energy Financial Delivery Point for such MISO Settlement Interval, provide to Seller, by electronic mail or other electronic transmission acceptable to Seller in its reasonable discretion, a notice setting forth the Minimum Market Price for each MWh of Contract Energy and Storage Energy that may be delivered from the Generating Facility and Storage Facility, respectively, to Buyer at the Energy Financial Delivery Point during such MISO Settlement Interval in such MISO Market. Buyer shall provide such notice to Seller by the MMP Deadline applicable with respect to such MISO Settlement Interval for such MISO Market.

Other Balancing Authority Matters. (a) If, as is the case on the Effective Date, (I) [the Balancing Authority applicable to the Electric Interconnection Point and/or]45 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 [either] such Balancing Authority (including into any marketplace administered by [either] 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 Authorit[y][(ies)] at the [Electric Interconnection Point and] 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 45 NTD: Insert if the Facility is external to MISO. 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 information required to create a complete and accurate “source-to-sink” tag consistent with Seller’s obligations under this Agreement. Further, if, after the creation of such tag, Xxxxxx Seller becomes aware that (as a result of an error or for any other reason) such tag does not comply with the immediately preceding sentence, Seller shall, to the extent permitted by applicable Laws, adjust such tag to bring it into compliance. Without limiting Section 4.5, Section 7.3(e), Section 7.6 or Section 9.2(a), Seller shall be responsible for any errors in any tag (and for any failure to perform resulting from any failure to tag or faulty tagging), and, for the avoidance of doubt, the immediately preceding sentence shall not be interpreted as excusing Seller if applicable Laws do not permit Seller to adjust an errant tag. If, at any time after tagging is in effect according to this Section 7.3(a)(ii), tagging is no longer required by applicable Balancing Authority rules, procedures and protocols and other applicable Laws or otherwise for Seller to perform its obligations under this Agreement, Seller shall (even if tagging is permitted) promptly remove the Facility from active tagging and cease tagging pursuant to this Section 7.3(a)(ii). (iii) In respect of each MISO Settlement Interval for each MISO Market, Buyer shall, unless Buyer has elected pursuant to Section 7.4 to curtail all of the Contract Energy to be delivered from the Facility to Buyer at the Energy Financial Delivery Point for such MISO Settlement Interval, provide to Seller, by electronic mail or other electronic transmission acceptable to Seller in its reasonable discretion, a notice setting forth the Minimum Market Price for each MWh of Contract Energy and Storage Energy that may be delivered from the Generating Facility and Storage Facility, respectively, to Buyer at the Energy Financial Delivery Point during such MISO Settlement Interval in such MISO Market. Buyer shall provide such notice to Seller by the MMP Deadline applicable with respect to such MISO Settlement Interval for such MISO Market.

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) (1X) 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 (2Y) 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 information required to create a complete and accurate “source-to-sink” tag consistent with Seller’s obligations under this Agreement. Further, if, after the creation of such tag, Xxxxxx Seller becomes aware that (as a result of an error or for any other reason) such tag does not comply with the immediately preceding sentence, Seller shall, to the extent permitted by applicable Laws, adjust such tag to bring it into compliance. Without limiting Section 4.5, Section 7.3(e), Section 7.6 or Section 9.2(a), Seller shall be responsible for any errors in any tag (and for any failure to perform resulting from any failure to tag or faulty tagging), and, for the avoidance of doubt, the immediately preceding sentence shall not be interpreted as excusing Seller if applicable Laws do not permit Seller to adjust an errant tag. If, at any time after tagging is in effect according to this Section 7.3(a)(ii), tagging is no longer required by applicable Balancing Authority rules, procedures and protocols and other applicable Laws or otherwise for Seller to perform its obligations under this Agreement, Seller shall (even if tagging is permitted) promptly remove the Facility from active tagging and cease tagging pursuant to this Section 7.3(a)(ii). (iii) In respect of each MISO Settlement Interval for each MISO Market, Buyer shall, unless Buyer has elected pursuant to Section 7.4 to curtail all of the Contract Energy to be delivered from the Facility to Buyer at the Energy Financial Delivery Point for such MISO Settlement Interval, provide to Seller, by electronic mail or other electronic transmission acceptable to Seller in its reasonable discretion, a notice setting forth the Minimum Market Price for each MWh of Contract Energy and Storage Energy that may be delivered from the Generating Facility and Storage Facility, respectively, to Buyer at the Energy Financial Delivery Point during such MISO Settlement Interval in such MISO Market. Buyer shall provide such notice to Seller by the MMP Deadline applicable with respect to such MISO Settlement Interval for such MISO Market.

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) (1X) 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 (2Y) 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 information required to create a complete and accurate “source-to-sink” tag consistent with Seller’s obligations under this Agreement. Further, if, after the creation of such tag, Xxxxxx Seller becomes aware that (as a result of an error or for any other reason) such tag does not comply with the immediately preceding sentence, Seller shall, to the extent permitted by applicable Laws, adjust such tag to bring it into compliance. Without limiting Section 4.5, Section 7.3(e), Section 7.6 or Section 9.2(a), Seller shall be responsible for any errors in any tag (and for any failure to perform resulting from any failure to tag or faulty tagging), and, for the avoidance of doubt, the immediately preceding sentence shall not be interpreted as excusing Seller if applicable Laws do not permit Seller to adjust an errant tag. If, at any time after tagging is in effect according to this Section 7.3(a)(ii), tagging is no longer required by applicable Balancing Authority rules, procedures and protocols and other applicable Laws or otherwise for Seller to perform its obligations under this Agreement, Seller shall (even if tagging is permitted) promptly remove the Facility from active tagging and cease tagging pursuant to this Section 7.3(a)(ii). (iii) In respect of each MISO Settlement Interval for each MISO Market, Buyer shall, unless Buyer has elected pursuant to Section 7.4 to curtail all of the Contract Energy to be delivered from the Facility to Buyer at the Energy Financial Delivery Point for such MISO Settlement Interval, provide to Seller, by electronic mail or other electronic transmission acceptable to Seller in its reasonable discretion, a notice setting forth the Minimum Market Price for each MWh of Contract Energy and Storage Energy that may be delivered from the Generating Facility and Storage Facility, respectively, to Buyer at the Energy Financial Delivery Point during such MISO Settlement Interval in such MISO Market. Buyer shall provide such notice to Seller by the MMP Deadline applicable with respect to such MISO Settlement Interval for such MISO Market.

Other Balancing Authority Matters. (a) If, as is the case on the Effective Date, (I) [the Balancing Authority applicable to the Electric Interconnection Point and/or]132 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 [either] such Balancing Authority (including into any marketplace administered by [either] 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 Authorit[y][ies] at the [Electric Interconnection Point and] 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 132 NTD: Insert if the Facility is external to MISO. 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 information required to create a complete and accurate “source-to-sink” tag consistent with Seller’s obligations under this Agreement. Further, if, after the creation of such tag, Xxxxxx Seller becomes aware that (as a result of an error or for any other reason) such tag does not comply with the immediately preceding sentence, Seller shall, to the extent permitted by applicable Laws, adjust such tag to bring it into compliance. Without limiting Section 4.5, Section 7.3(e), Section 7.6 or Section 9.2(a), Seller shall be responsible for any errors in any tag (and for any failure to perform resulting from any failure to tag or faulty tagging), and, for the avoidance of doubt, the immediately preceding sentence shall not be interpreted as excusing Seller if applicable Laws do not permit Seller to adjust an errant tag. If, at any time after tagging is in effect according to this Section 7.3(a)(ii), tagging is no longer required by applicable Balancing Authority rules, procedures and protocols and other applicable Laws or otherwise for Seller to perform its obligations under this Agreement, Seller shall (even if tagging is permitted) promptly remove the Facility from active tagging and cease tagging pursuant to this Section 7.3(a)(ii). (iii) In respect of each MISO Settlement Interval for each MISO Market, Buyer shall, unless Buyer has elected pursuant to Section 7.4 to curtail all of the Contract Energy to be delivered from the Facility to Buyer at the Energy Financial Delivery Point for such MISO Settlement Interval, provide to Seller, by electronic mail or other electronic transmission acceptable to Seller in its reasonable discretion, a notice setting forth the Minimum Market Price for each MWh of Contract Energy and Storage Energy that may be delivered from the Generating Facility and Storage Facility, respectively, to Buyer at the Energy Financial Delivery Point during such MISO Settlement Interval in such MISO Market. Buyer shall provide such notice to Seller by the MMP Deadline applicable with respect to such MISO Settlement Interval for such MISO Market.

Other Balancing Authority Matters. (a) If, as is the case on the Effective Date, (I) [the Balancing Authority applicable to the Electric Interconnection Point and/or]47 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 [either] such Balancing Authority (including into any marketplace administered by [either] 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 Authorit[y][(ies)] at the [Electric Interconnection Point and] 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 47 NTD: Insert if the Facility is external to MISO. 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 information required to create a complete and accurate “source-to-sink” tag consistent with Seller’s obligations under this Agreement. Further, if, after the creation of such tag, Xxxxxx Seller becomes aware that (as a result of an error or for any other reason) such tag does not comply with the immediately preceding sentence, Seller shall, to the extent permitted by applicable Laws, adjust such tag to bring it into compliance. Without limiting Section 4.5, Section 7.3(e), Section 7.6 or Section 9.2(a), Seller shall be responsible for any errors in any tag (and for any failure to perform resulting from any failure to tag or faulty tagging), and, for the avoidance of doubt, the immediately preceding sentence shall not be interpreted as excusing Seller if applicable Laws do not permit Seller to adjust an errant tag. If, at any time after tagging is in effect according to this Section 7.3(a)(ii), tagging is no longer required by applicable Balancing Authority rules, procedures and protocols and other applicable Laws or otherwise for Seller to perform its obligations under this Agreement, Seller shall (even if tagging is permitted) promptly remove the Facility from active tagging and cease tagging pursuant to this Section 7.3(a)(ii). (iii) In respect of each MISO Settlement Interval for each MISO Market, Buyer shall, unless Buyer has elected pursuant to Section 7.4 to curtail all of the Contract Energy to be delivered from the Facility to Buyer at the Energy Financial Delivery Point for such MISO Settlement Interval, provide to Seller, by electronic mail or other electronic transmission acceptable to Seller in its reasonable discretion, a notice setting forth the Minimum Market Price for each MWh of Contract Energy and Storage Energy that may be delivered from the Generating Facility and Storage Facility, respectively, to Buyer at the Energy Financial Delivery Point during such MISO Settlement Interval in such MISO Market. Buyer shall provide such notice to Seller by the MMP Deadline applicable with respect to such MISO Settlement Interval for such MISO Market.

Other Balancing Authority Matters. (a) If, as is the case on the Effective Date, (I) [the Balancing Authority applicable to the Electric Interconnection Point and/or]131 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 [either] such Balancing Authority (including into any marketplace administered by [either] 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 Authorit[y][ies] at the [Electric Interconnection Point and] 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 131 NTD: Insert if the Facility is external to MISO. 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 information required to create a complete and accurate “source-to-sink” tag consistent with Seller’s obligations under this Agreement. Further, if, after the creation of such tag, Xxxxxx Seller becomes aware that (as a result of an error or for any other reason) such tag does not comply with the immediately preceding sentence, Seller shall, to the extent permitted by applicable Laws, adjust such tag to bring it into compliance. Without limiting Section 4.5, Section 7.3(e), Section 7.6 or Section 9.2(a), Seller shall be responsible for any errors in any tag (and for any failure to perform resulting from any failure to tag or faulty tagging), and, for the avoidance of doubt, the immediately preceding sentence shall not be interpreted as excusing Seller if applicable Laws do not permit Seller to adjust an errant tag. If, at any time after tagging is in effect according to this Section 7.3(a)(ii), tagging is no longer required by applicable Balancing Authority rules, procedures and protocols and other applicable Laws or otherwise for Seller to perform its obligations under this Agreement, Seller shall (even if tagging is permitted) promptly remove the Facility from active tagging and cease tagging pursuant to this Section 7.3(a)(ii). (iii) In respect of each MISO Settlement Interval for each MISO Market, Buyer shall, unless Buyer has elected pursuant to Section 7.4 to curtail all of the Contract Energy to be delivered from the Facility to Buyer at the Energy Financial Delivery Point for such MISO Settlement Interval, provide to Seller, by electronic mail or other electronic transmission acceptable to Seller in its reasonable discretion, a notice setting forth the Minimum Market Price for each MWh of Contract Energy and Storage Energy that may be delivered from the Generating Facility and Storage Facility, respectively, to Buyer at the Energy Financial Delivery Point during such MISO Settlement Interval in such MISO Market. Buyer shall provide such notice to Seller by the MMP Deadline applicable with respect to such MISO Settlement Interval for such MISO Market.

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 Electric Interconnection 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))Agreement; 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, During all times that 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, and (C) Seller shall, no later than the Applicable Tag Deadline for such tagDeadline, 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 information required to create a complete and accurate “source-to-sink” tag consistent with Seller’s obligations under this Agreement. Further, if, after the creation of such tag, Xxxxxx If Seller becomes aware that (as a result of an error or for any other reason) such tag does not comply with the immediately preceding sentence, Seller shall, to the extent permitted by applicable Laws, adjust such tag to bring it into compliance. Without limiting Section 4.5, Section 7.3(e), Section 7.6 or Section 9.2(a), Seller shall be responsible for any errors in any tag (and for any failure to perform resulting from any failure to tag or faulty tagging), and, for the avoidance of doubt, the immediately preceding sentence shall not be interpreted as excusing Seller if applicable Laws do not permit Seller to adjust an errant tag. If, at any time after tagging is in effect according to this Section 7.3(a)(ii)effect, tagging is no longer required by applicable Balancing Authority rules, procedures and protocols and other applicable Laws or otherwise for Seller to perform its obligations under this Agreement, Seller shall (even if tagging is permitted) promptly remove the Facility from active tagging and cease tagging pursuant to this Section 7.3(a)(ii). (iii) In respect of each MISO Settlement Interval for each MISO Market, Buyer shall, unless Buyer Xxxxx has elected pursuant to Section 7.4 to curtail all of the Contract Energy to be delivered from the Facility to Buyer at the Energy Financial Delivery Point for such MISO Settlement Interval, provide to Seller, by electronic mail or other electronic transmission acceptable to Seller in its reasonable discretion, a notice setting forth the Minimum Market Price for each MWh of Contract Energy and Storage Energy that may be delivered from the Generating Facility and Storage Facility, respectively, to Buyer at the Energy Financial Delivery Point during such MISO Settlement Interval in such MISO Market. Buyer shall provide such notice to Seller by the MMP Deadline applicable with respect to such MISO Settlement Interval for such MISO Market. (b) Seller represents and warrants to Buyer that, as of the Effective Date, the Facility is eligible for the following resource designations with the Balancing Authority applicable to the Injection Portion: [●]18. Seller shall notify Buyer promptly upon (A) the existence of any new resource designations for which the Facility is eligible and/or (B) any resource designations for which the Facility ceases to be eligible. Buyer shall be entitled to select the resource designation(s) (or for no resource designations to be made) for the Facility and Seller shall not register the Facility with the Balancing Authority except in accordance with such designation(s) selected by Buyer. From time to time (but not during the period of time commencing one hundred and eighty (180) Days prior to the expected Delivery Term Commencement Date (which date Seller shall communicate to Buyer in writing at least two hundred and ten (210) Days prior to such date) to and ending on the Delivery Term Commencement Date), Buyer may add, remove or change any such resource designation in accordance with this Section 7.3(b). Seller shall cause the applicable Balancing Authority to recognize and give effect to any designation (or addition or removal thereof or change thereto) made by Buyer pursuant to this Section 7.3(b) promptly upon receipt of notice thereof from Buyer (or, in the case of the initial 18 NTD: Applicable designations to be provided by Buyer. Xxxxx currently expects the Facility to be registered with MISO as a Dispatchable Intermittent Resource. designation by Buyer, such that the Facility has such designation in effect as of the Commercial Operation Date). To the extent that, in Buyer’s good faith judgment, the implementation of a resource designation selected by Buyer pursuant to this Section 7.3(b) requires modification or amendment of this Agreement or the development or implementation of, or agreement upon, protocols, procedures, processes, or terms and Buyer so requests in a written notification to Seller, the Parties shall make good faith efforts to negotiate and agree upon such modifications or amendments, and/or develop, agree upon, and implement such protocols, procedures, processes, or terms in a manner that preserves the relative positions of each Party and is consistent with the allocation of risks, costs and responsibilities hereunder, as expeditiously as practicable. Each Party shall conduct any and all negotiations in connection therewith in good faith and fully consistent with the rights and obligations of Buyer and Seller set forth this Agreement (including Section 7.3(e), Section 7.6 and Section 9.2). If Buyer and Seller do not make such modifications or amendments or agree upon such protocols, procedures, processes, or terms within thirty (30) days after Xxxxx’s request, Buyer may submit the matters in Dispute for resolution in accordance with the dispute resolution processes set forth in Article 18. (c) Seller shall cause, on or before the Commercial Operation Date and thereafter through the end of the Delivery Term, (i) the Balancing Authorit(y)(ies) applicable to the Electric Interconnection Point to recognize the Facility as a separate generating resource at the Electric Interconnection Point (and the Electric Interconnection Point as a separate node or other settlement point, with the Facility being the only source of energy injection at the Electric Interconnection Point) for settlement purposes (including that such Balancing Authorit(y)(ies) determine separately for settlement purposes the amount of Products actually generated by the Facility and delivered to the Electric Interconnection Point and, if applicable, recognize the Facility as a separate generating resource for tagging, scheduling, offering and bidding purposes) and

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) (1X) 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 (2Y) 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 information required to create a complete and accurate “source-to-sink” tag consistent with Seller’s obligations under this Agreement. Further, if, after the creation of such tag, Xxxxxx Seller becomes aware that (as a result of an error or for any other reason) such tag does not comply with the immediately preceding sentence, Seller shall, to the extent permitted by applicable Laws, adjust such tag to bring it into compliance. Without limiting Section 4.5, Section 7.3(e), Section 7.6 or Section 9.2(a), Seller shall be responsible for any errors in any tag (and for any failure to perform resulting from any failure to tag or faulty tagging), and, for the avoidance of doubt, the immediately preceding sentence shall not be interpreted as excusing Seller if applicable Laws do not permit Seller to adjust an errant tag. If, at any time after tagging is in effect according to this Section 7.3(a)(ii), tagging is no longer required by applicable Balancing Authority rules, procedures and protocols and other applicable Laws or otherwise for Seller to perform its obligations under this Agreement, Seller shall (even if tagging is permitted) promptly remove the Facility from active tagging and cease tagging pursuant to this Section 7.3(a)(ii). (iii) In respect of each MISO Settlement Interval for each MISO Market, Buyer shall, unless Buyer Xxxxx has elected pursuant to Section 7.4 to curtail all of the Contract Energy to be delivered from the Facility to Buyer at the Energy Financial Delivery Point for such MISO Settlement Interval, provide to Seller, by electronic mail or other electronic transmission acceptable to Seller in its reasonable discretion, a notice setting forth the Minimum Market Price for each MWh of Contract Energy and Storage Energy that may be delivered from the Generating Facility and Storage Facility, respectively, to Buyer at the Energy Financial Delivery Point during such MISO Settlement Interval in such MISO Market. Buyer shall provide such notice to Seller by the MMP Deadline applicable with respect to such MISO Settlement Interval for such MISO Market.

Other Balancing Authority Matters. (a) If, as is the case on the Effective Date, (I) [the Balancing Authority applicable to the Electric Interconnection Point and/or]41 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 [either] such Balancing Authority (including into any marketplace administered by [either] 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 Authorit[y][(ies)] at the [Electric Interconnection Point and] 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 information required to create a complete and accurate “source-to-sink” tag consistent with Seller’s obligations under this Agreement. Further, if, after the creation of such tag, Xxxxxx Seller becomes aware that (as a result of an error or for any other reason) such tag does not comply with the immediately preceding sentence, Seller shall, to the extent permitted by applicable Laws, adjust such tag to bring it into compliance. Without limiting Section 4.5, Section 7.3(e), Section 7.6 or Section 9.2(a), Seller shall be responsible for any errors in any tag (and for any failure to perform resulting from any failure to tag or faulty tagging), and, for the avoidance of doubt, the immediately preceding sentence shall not be interpreted as excusing Seller if applicable Laws do not permit Seller to adjust an errant tag. If, at any time after tagging is in effect 41 NTD: Insert if the Facility is external to MISO. according to this Section 7.3(a)(ii), tagging is no longer required by applicable Balancing Authority rules, procedures and protocols and other applicable Laws or otherwise for Seller to perform its obligations under this Agreement, Seller shall (even if tagging is permitted) promptly remove the Facility from active tagging and cease tagging pursuant to this Section 7.3(a)(ii). (iii) In respect of each MISO Settlement Interval for each MISO Market, Buyer shall, unless Buyer has elected pursuant to Section 7.4 to curtail all of the Contract Energy to be delivered from the Facility to Buyer at the Energy Financial Delivery Point for such MISO Settlement Interval, provide to Seller, by electronic mail or other electronic transmission acceptable to Seller in its reasonable discretion, a notice setting forth the Minimum Market Price for each MWh of Contract Energy and Storage Energy that may be delivered from the Generating Facility and Storage Facility, respectively, to Buyer at the Energy Financial Delivery Point during such MISO Settlement Interval in such MISO Market. Buyer shall provide such notice to Seller by the MMP Deadline applicable with respect to such MISO Settlement Interval for such MISO Market.