Common use of Price for Products Clause in Contracts

Price for Products. All Products Delivered to Buyer in accordance with this Agreement shall be purchased by Buyer at the Price specified in Exhibit D; provided, however, that to the extent Seller has failed to use commercially reasonable efforts consistent with Good Utility Practice to cause the Products provided by Seller to Buyer under this Agreement to qualify and meet the requirements of the RPS, the CES and the Clean Peak Standard as applied to Buyer as provided in Section 4.1(c) or as otherwise described in Section 4.1(b), Buyer shall purchase the Products at the Energy only price specified in Exhibit D. Other than payments expressly required under this Agreement, neither Party shall be required to make any other payments to the other Party under this Agreement, and each Party shall be solely responsible for all costs and losses incurred by it in connection with the performance of its obligations under this Agreement. In the event that the LMP in the Real-Time Energy Market or the Day-Ahead Energy Market, as applicable, for the Energy at the Delivery Point is less than $0.00 per MWh in any hour, Seller shall credit to Buyer, on the appropriate monthly invoice, an amount equal to the product of (i) such Energy delivered in such hour and (ii) the absolute value of such hourly LMP at the Delivery Point.

Price for Products. All Products Delivered to Buyer in accordance with this Agreement shall be purchased by Buyer at the Price specified in Exhibit D; provided, however, that to the extent Seller has failed to use commercially reasonable efforts consistent with Good Utility Practice to cause the Products provided by Seller to Buyer under this Agreement to qualify and meet the requirements of the RPS, the CES and the Clean Peak Standard as applied to Buyer as provided in Section 4.1(c) or as otherwise described in Section 4.1(b), Buyer shall purchase the Products at the Energy only price Adjusted Price specified in Exhibit D. Other than payments expressly required under this Agreement, neither Party shall be required to make any other payments to the other Party under this Agreement, and each Party shall be solely responsible for all costs and losses incurred by it in connection with the performance of its obligations under this Agreement. In the event that the LMP in the Real-Time Energy Market or the Day-Ahead Energy Market, as applicable, for the Energy at the Delivery Point is less than $0.00 per MWh in any hour, Seller shall credit to Buyer, on the appropriate monthly invoice, an amount equal to the product of (i) such Energy delivered in such hour and (ii) the absolute value of such hourly LMP at the Delivery Point.