Permanent Load Loss. In the event Purchaser does not require all or any portion of the Daily Contract Quantity that it is obligated to purchase under this Contract as a result of the permanent loss of gas-fired electric generation facilities (evidenced by the Purchaser’s governing body taking such action which has the effect of approving, consenting to, or acquiescing in the cessation of operation of natural gas-fired generation for the Remaining Term); (ii) a permanent reduction in requirements for Gas due to a change in the Purchaser’s generation requirements (including as a result of increased purchases of renewable generation or economic dispatch of other non-Gas-fired generation); or (iii) legislative or regulatory imposition of requirements upon Purchaser related to climate change, reduction in greenhouse gas emissions, or other environmental concerns that has the effect of requiring Purchaser to change its generation portfolio mix to include less fossil fuel-dependent generation resources or pay an additional charge, tax, or penalty for continuing to operate or rely upon fossil fuel-dependent generation resources (respectively, which shall be deemed by the Parties to have occurred if the Purchaser must reduce fossil fuel-dependent generation resources such that its needs for Gas under this Agreement are either reduced or eliminated and the Purchaser’s reasonably projected Gas needs from such units are less than the total quantity of Priority Gas/Commodities allocable to the Purchaser); then, Purchaser may give notice to Seller, FGU, and BBE of the permanent reduction of such quantities from its Daily Contract Quantity for the Remaining Term. If BBE is reasonably satisfied that such loss of need for Gas is permanent, which determination shall not be unreasonably withheld, conditioned, or delayed, then Seller will, six months following the receipt of notice from Purchaser, reduce Purchaser’s DCQ as of the date of such permanent reduction for the remainder of the Delivery Period and BBE shall arrange for the sale of such quantities by Prepay LLC to another purchaser or purchasers. Purchaser shall not be required to reduce its takes of Priority Gas in order to request remarketing under this Section 4.4(b), but Purchaser shall be required to fully reduce its takes of all Non-Priority Gas prior to requesting remarketing under this Section 4.4(b). As used in this Section 4.4(b), “permanent” means a period of time, commencing as of the delivery of Purchaser’s notice under this ...
Permanent Load Loss. In the event Purchaser does not require all or any portion of the Daily Contract Quantity that it is obligated to purchase under this Contract as a result of (a) a permanent loss of load on Purchaser’s system, or (b) a permanent reduction in requirements for Gas due to a change in Purchaser’s generation requirements (including as a result of increased purchases of renewable generation or economic dispatch of non-Gas-fired generation), then Purchaser may give notice of the permanent reduction, in an amount equal to such loss of need, of such quantities from its Daily Contract Quantity for the remainder of the Delivery Period. If TEAC is reasonably satisfied that such loss of need for Gas is permanent, which determination shall not be unreasonably withheld, conditioned, or delayed, then TEAC will reduce Purchaser’s DCQ for the remainder of the Delivery Period and arrange for the sale of such quantities by Prepay LLC to another purchaser or purchasers. Purchaser shall not be required to reduce its takes of Priority Gas in order to request remarketing under this Section 4.4(b), but Purchaser shall be required to fully reduce its takes of all Non-Priority Gas prior to requesting remarketing under this Section 4.4(b).
