Common use of Purchase and Sale of Product Clause in Contracts

Purchase and Sale of Product. Subject to the terms and conditions of this Agreement, during the Delivery Term, Buyer will purchase all the Product produced by or associated with the Facility at the Contract Price and in accordance with Exhibit C, and Seller shall supply and deliver to Buyer all the Product produced by or associated with the Facility. At its sole discretion, Buyer may during the Delivery Term re-sell or use for another purpose all or a portion of the Product, provided that no such re-sale or use shall relieve Buyer of any obligations hereunder. During the Delivery Term, Buyer will have exclusive rights to offer, bid, or otherwise submit the Product, or any Capacity Attributes thereof, from the Facility after the Delivery Point for resale in the market, and retain and receive any and all related revenues. Subject to Buyer’s obligation to purchase Capacity Attributes and Storage Product in accordance with this Section‌‌ 3.1 and Exhibit C, Buyer has no obligation to purchase from Seller any Product for which the associated Facility Energy is not or cannot be delivered to the Delivery Point as a result of an outage of the Facility, a Force Majeure Event, a Curtailment Order, [Seller’s failure to obtain the requisite Distribution Rights,]8 or, if applicable, the curtailment of any transmission required to deliver the Product to the Delivery Point.

Purchase and Sale of Product. Subject to the terms and conditions of this Agreement, during the Delivery Term, Buyer will purchase all the Product produced by or associated with the Facility at the Contract Price and in accordance with Exhibit C, and Seller shall supply and deliver to Buyer all the Product produced by or associated with the Facility; provided, however, that prior to the occurrence of the Commercial Operation Date, Buyer shall pay Seller for Facility Energy at the Test Energy Rate. At its sole discretion, Buyer may during the Delivery Term re-sell resell or use for another purpose all or a portion of the Product, provided that no such re-sale resale or use shall relieve Buyer of any obligations hereunder or modify any of Seller’s obligations hereunder. During the Delivery Term, Buyer will have exclusive rights to offer, bid, or otherwise submit the Product, or any Capacity Attributes component thereof, from the Facility after the Delivery Point for resale in into the marketmarket or to any third party, and retain and receive any and all related revenues. Subject to Buyer’s obligation to purchase Capacity Attributes and Storage Product in accordance with this Section‌‌ Section 3.1 and Exhibit C, Buyer has no obligation to purchase from Seller any Product for which the associated Facility Energy that is not or cannot be delivered to the Delivery Point as a result of an outage of the Facility, a Force Majeure Event, or a Curtailment Order, [Seller’s failure to obtain the requisite Distribution Rights,]8 or, if applicable, the curtailment of any transmission required to deliver the Product to the Delivery Point.. 23

Purchase and Sale of Product. Subject to the terms and conditions of this Agreement, during the Delivery Term, Buyer will purchase all of the Product produced by or associated with the Facility at the Contract Price and in accordance with Exhibit C, and Seller shall supply and deliver to Buyer all of the Product produced by or associated with the Facility; provided, however, that prior to the occurrence of the Commercial Operation Date, Buyer shall pay Seller for Generating Facility Energy at the Test Energy Rate. At its sole discretion, Buyer may during the Delivery Term re-sell resell or use for another purpose all or a portion of the Product, provided that no such re-sale resale or use shall relieve Buyer of any obligations hereunder or modify any of Seller’s obligations hereunder. During the Delivery Term, Buyer will have exclusive rights to offer, bid, or otherwise submit the Product, or any Capacity Attributes component thereof, from the Facility after the Delivery Point for resale in into the marketmarket or to any third party, and retain and receive any and all related revenues. Subject to Buyer’s obligation to purchase Capacity Attributes and Storage Product in accordance with this Section‌‌ Section 3.1 and Exhibit C, Buyer has no obligation to purchase from Seller any Product for which the associated Generating Facility Energy that is not or cannot be delivered to the Delivery Point and/or Storage Facility as a result of an outage of the Facility, a Force Majeure Event, or a Curtailment Order, [Seller’s failure to obtain the requisite Distribution Rights,]8 or, if applicable, the curtailment of any transmission required to deliver the Product to the Delivery Point.. 26

Purchase and Sale of Product. Subject to the terms and conditions of this Agreement, during the Delivery Term, Buyer will purchase all the Product produced by or associated with the Facility at the Contract Price and in accordance with Exhibit C, and Seller shall supply and deliver to Buyer all the Product produced by or associated with the Facility. At its sole discretion, Buyer may during the Delivery Term re-sell or use for another purpose all or a portion of the Product, provided that no such re-sale or use shall relieve Buyer of any obligations hereunder. During the Delivery Term, Buyer will have exclusive rights to offer, bid, or otherwise submit the Product, or any Capacity Attributes thereof, from the Facility after the Delivery Point Point‌‌ for resale in the market, and retain and receive any and all related revenues. Subject to Buyer’s obligation to purchase Capacity Attributes and Storage Product in accordance with this Section‌‌ Section 3.1 and Exhibit C, Buyer has no obligation to purchase from Seller any Product for which the associated Facility Energy is not or cannot be delivered to the Delivery Point as a result of an outage of the Facility, a Force Majeure Event, a Curtailment Order, [Seller’s failure to obtain the requisite Distribution Rights,]8 Rights,]7 or, if applicable, the curtailment of any transmission required to deliver the Product to the Delivery Point.

Purchase and Sale of Product. Subject to the terms and conditions of this Agreement, during the Delivery Term, Buyer will purchase all of the Product produced by or associated with the Facility at the Contract Price and in accordance with Exhibit C, and Seller shall supply and deliver to Buyer all of the Product produced by or associated with the Facility; provided, however, that prior to the occurrence of the Commercial Operation Date, Buyer shall pay Seller for Generating Facility Energy at the Test Energy Rate. At its sole discretion, Buyer may during the Delivery Term re-sell resell or use for another purpose all or a portion of the Product, provided that no such re-sale resale or use shall relieve Buyer of any obligations hereunder or modify any of Seller’s obligations hereunder. During the Delivery Term, Buyer will have exclusive rights to offer, bid, or otherwise submit the Product, or any Capacity Attributes component thereof, from the Facility after the Delivery Point for resale in into the marketmarket or to any third party, and retain and receive any and all related revenues. Subject to Buyer’s obligation to purchase Capacity Attributes and Storage Product in accordance with this Section‌‌ Section 3.1 and Exhibit C, Buyer has no obligation to purchase from Seller any Product for which the associated Generating Facility Energy that is not or cannot be delivered to the Delivery Point and/or Storage Facility as a result of an outage of the Facility, a Force Majeure Event, or a Curtailment Order, [Seller’s failure to obtain the requisite Distribution Rights,]8 or, if applicable, the curtailment of any transmission required to deliver the Product to the Delivery Point.. 25