Common use of Purchase and Sale of Contract Capacity and Energy Clause in Contracts

Purchase and Sale of Contract Capacity and Energy. On and after the Commercial Operation Date and for the remaining Term of this Agreement thereafter, Seller shall provide and make available to Department, and Department shall purchase and pay for, Contract Capacity, and, if requested by Department pursuant to this Agreement, Energy, from the Facility at the Delivery Point, and Department shall pay Seller the Purchase Price. Except as set forth in the Dispatch Agreement, Seller shall be responsible for any costs or charges imposed on or associated with the Contract Capacity and Energy up to the Delivery Point. Department shall be responsible for any costs or charges imposed on or associated with the Contract Capacity and Energy or its receipt at and from the Delivery Point. Seller may provide electric capacity and energy from the Facility to third parties, provided, however, that such sales shall not limit the availability of Dedicated Hours for any reason, including emissions.