Common use of Participant’s Remedies for Default Clause in Contracts

Participant’s Remedies for Default. (a) Unless otherwise specified in this Agreement or in the MISO Tariff, and subject to the provisions of Section 12: Dispute Resolution of this Agreement, in the event of a Default by MISO, Participant’s remedies shall be limited to: (i) Immediate termination of this Agreement upon written notice to XXXX, (ii) Monetary recovery in accordance with the Settlement procedures set forth in the MISO Tariff, and (iii) Specific performance. (b) However, in the event of a material breach by MISO of any of its representations, warranties or covenants, Participant's sole remedy shall be immediate termination of this Agreement upon written notice to MISO. (c) If as a final result of any dispute resolution MISO, as the settlement agent, is determined to have over-collected from a Market Participant(s), with the result that refunds are owed by Participant to MISO, as the settlement agent such Market Participant(s) may request MISO to allow such Market Participant to proceed directly against Participant, in lieu of receiving full payment from MISO. In the event of such request, MISO, in its sole discretion, may agree to assign to such Market Participant MISO’s rights to seek refunds from Participant, and Participant shall be deemed to have consented to such assignment. This subsection (c) shall survive termination of this Agreement.

Participant’s Remedies for Default. (a) Unless otherwise specified in this Agreement or in the MISO TariffERCOT Protocols, and subject to the provisions of Section 12: , Dispute Resolution of this Agreement, in the event of a Default by MISOERCOT, Participant’s remedies shall be limited to: (i) Immediate termination of this Agreement upon written notice to XXXXERCOT, (ii) Monetary recovery in accordance with the Settlement procedures set forth in the MISO TariffERCOT Protocols, and (iii) Specific performance. (b) However, in the event of a material breach by MISO ERCOT of any of its representations, warranties or covenants, Participant's ’s sole remedy shall be immediate termination of this Agreement upon written notice to MISOERCOT. (c) If as a final result of any dispute resolution MISOERCOT, as the settlement agent, is determined to have over-collected from a Market Participant(s), with the result that refunds are owed by Participant to MISOERCOT, as the settlement agent agent, such Market Participant(s) may request MISO ERCOT to allow such Market Participant to proceed directly against Participant, in lieu of receiving full payment from MISOERCOT. In the event of such request, MISOERCOT, in its it sole discretion, may agree to assign to such Market Participant MISOERCOT’s rights to seek refunds from Participant, and Participant shall be deemed to have consented to such assignment. This subsection (c) shall survive survives termination of this Agreement.

Participant’s Remedies for Default. (a) Unless otherwise specified in this Agreement or in the MISO Tariff, and subject to the provisions of Section 12: Dispute Resolution of this Agreement, in the event of a Default by MISO, Participant’s remedies shall be limited to: (i) Immediate termination of this Agreement upon written notice to XXXX, (ii) Monetary recovery in accordance with the Settlement procedures set forth in the MISO Tariff, and (iii) Specific performance. (b) However, in the event of a material breach by MISO of any of its representations, warranties or covenants, Participant's sole remedy shall be immediate termination of this Agreement upon written notice to MISO. (c) If as a final result of any dispute resolution MISO, as the settlement agent, is determined to have over-collected from a Market Participant(s), with the result that refunds are owed by Participant to MISO, as the settlement MISO ATTACHMENT Y-1 FERC Electric Tariff Standard Form System Support Resource (SSR) Agreement ATTACHMENTS 33.0.0 agent such Market Participant(s) may request MISO to allow such Market Participant to proceed directly against Participant, in lieu of receiving full payment from MISO. In the event of such request, MISO, in its sole discretion, may agree to assign to such Market Participant MISO’s rights to seek refunds from Participant, and Participant shall be deemed to have consented to such assignment. This subsection (c) shall survive termination of this Agreement.

Participant’s Remedies for Default. (a) Unless otherwise specified in this Agreement or in the MISO TariffERCOT Protocols, and subject to the provisions of Section 12: Dispute Resolution of this Agreement, in the event of a Default by MISOERCOT, Participant’s remedies shall be limited to: (i) Immediate termination of this Agreement upon written notice to XXXXERCOT, (ii) Monetary recovery in accordance with the Settlement procedures set forth in the MISO TariffERCOT Protocols, and (iii) Specific performance. (b) However, in the event of a material breach by MISO ERCOT of any of its representations, warranties or covenants, Participant's sole remedy shall be immediate termination of this Agreement upon written notice to MISOERCOT. (c) If as a final result of any dispute resolution MISOERCOT, as the settlement agent, is determined to have over-collected from a Market Participant(s), with the result that refunds are owed by Participant to MISOERCOT, as the settlement agent such Market Participant(s) may request MISO ERCOT to allow such Market Participant to proceed directly against Participant, in lieu of receiving full payment from MISOERCOT. In the event of such request, MISOERCOT, in its sole discretion, may agree to assign to such Market Participant MISOERCOT’s rights to seek refunds from Participant, and Participant shall be deemed to have consented to such assignment. This subsection (c) shall survive survives termination of this Agreement.