Purchase and Sale Obligation. During the Services Term, Seller shall sell and make available to Buyer and Buyer shall accept and pay in accordance with Section 4.3 and Article VI for all the Monthly Contract Capacity of the Units which shall convey to Buyer the right to receive all the Products provided by the Units, including those Products associated with Capacity in excess of the Monthly Contract Capacity, pursuant to the terms and conditions contained herein. Further, during the Services Term, Seller shall sell and provide to Buyer and Buyer shall purchase and pay in accordance with Section 4.3 and Article VI for [Tolling Services] from the Units pursuant to the terms and conditions contained herein. [For agreements other than tolling agreement, substitute “Products” for bracketed language.] The Parties acknowledge and agree this Agreement is a forward contract (within the meaning of the Bankruptcy Code, as in effect as of the Execution Date).
Appears in 6 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
