Purchases by Buyer. (a) For all Delivered Energy comprised of Facility Energy from a New Facility prior to its Commercial Operation Date and Delivered Energy comprised of Facility Energy from an Existing Facility after its Prior Commitment Period but prior to its Delivery Commencement Date, Seller shall sell and deliver, and Buyer shall purchase and receive, all such Delivered Energy in accordance with Section 3.10.
(b) For all Delivered Energy comprised of Facility Energy from a New Facility after its Commercial Operation Date and Delivered Energy comprised of Facility Energy from an Existing Facility after its Delivery Commencement Date, Seller shall sell and deliver, and Buyer shall purchase and receive, all such Delivered Energy and all Replacement Energy for the price set forth in Section 2 of Appendix A; provided that, in no event shall Buyer be obligated to purchase or receive Delivered Energy, together with any Replacement Energy, in excess of the Maximum Generation unless Buyer shall by notice given to Seller elect to purchase any such Energy in excess of Maximum Generation.
(c) Notwithstanding Section 6.1(b), during the period of time between the day that is one hundred eighty (180) days following the Commercial Operation Date of a New Facility and the day that is one (1) day following the date upon which Buyer receives evidence that such New Facility is CEC Certified (the “Pre-Certification Period”), Buyer may retain a portion of any payment to be made to Seller hereunder associated with the Delivered Energy from such Facility in an amount equal to the positive difference between (1) the price of the Delivered Energy pursuant to Section 6.1(b), and (2) the average of the on-peak and off-peak Energy prices, weighted by the number of hours in the on-peak and off-peak periods, during the month in which the deliveries occurred for Energy that is not from an eligible renewable energy resource under the RPS Law, as listed in the Intercontinental Exchange Palo Verde Electricity Price Index or its successor index, or any other index mutually agreed by the Parties. Buyer shall release such retained amount, which shall not be calculated with interest of any kind, within forty five (45) days following the receipt of evidence satisfactory to Buyer from Seller that the New Facility is CEC Certified. Within thirty (30) days after any removal of a New Facility under Section 3.12, Seller shall refund to Buyer, for Delivered Energy associated with such New Facility and purchased by...
Purchases by Buyer. On and after the Commercial Operation Date and continuing for the Delivery Term, Seller shall sell and deliver, and Buyer shall purchase and receive, all Facility Energy, together with all associated Environmental Attributes and Capacity Rights for the Purchase Price. In no event shall Buyer have any obligation or liability whatsoever for any debt pertaining to the Facility by virtue of Buyer’s ownership of the Capacity Rights or otherwise. Seller represents and covenants that it has not assigned, transferred, conveyed, encumbered, sold or otherwise disposed of and will not in the future assign, transfer, convey, encumber, sell or otherwise dispose of any of the Capacity Rights to any Person other than Buyer or attempt to do any of the foregoing with respect to any of the Capacity Rights. Seller shall not report to any Person that any of the Capacity Rights belong to any Person other than Buyer. Buyer may, at its own risk and expense, report to any Person that the Capacity Rights belong to it. Buyer shall not be required to purchase and receive any Facility Energy if receiving such Facility Energy would cause or contribute to any adverse effects to Buyer’s operation of a reliable and efficient electric grid as determined in Buyer’s sole discretion. Any energy consumption by the Facility not used to generate a REC, will be billed to Seller pursuant to a separate electric service agreement.
Purchases by Buyer. Seller shall sell and deliver all of the Products produced by the Facility to Buyer, and Buyer shall purchase and receive the all of the Products produced by the Facility from Seller in accordance with this Agreement.
Purchases by Buyer. (a) Subject to the terms of this Agreement, prior to the Commercial Operation Date, Seller shall sell and deliver, and Buyer shall purchase, the Products associated with Test Energy for the applicable Contract Price set forth in Section 5 of Appendix A; provided that if any Test Energy is delivered before the Facility is CEC Certified (i.e., any Test Energy delivered prior to the Facility being pre-certified by the CEC), the Contract Price shall exclude the applicable Environmental Attributes Value for such period, if any, between the date Seller first delivers Test Energy from the Facility and the day that is one (1) day following the date upon which Seller delivers evidence to Buyer that the Facility is CEC Certified (any such period, the “Pre-CEC Certification Period”).
(b) Subject to the terms of this Agreement, and except as set forth in this Agreement (including Section 6.1(e)), Buyer pay Seller for Deemed Delivered Energy as set forth in Section 7.4(b) and
Purchases by Buyer. (a) During the Delivery Term, Seller shall sell and deliver, and Buyer shall purchase and receive, all Delivered Energy, Capacity Rights, and all of the associated Environmental Attributes at the Contract Price, subject to the retention set forth in Section 6.1(c).
(b) As soon as possible following the achievement of Full Commercial Operation, Seller shall submit its application to obtain CEC Certification of the Facility (a copy of which shall be contemporaneously provided to Buyer) and shall promptly upon receipt thereof provide evidence to Buyer that the Facility is CEC Certified.
(c) Notwithstanding Section 6.1(a), during the period of time between the Initial Delivery Date and the day upon which Seller delivers evidence to Buyer that the Facility is CEC Certified (the “Pre-Certification Period”), Buyer shall have the right to retain a portion of any payment to be made to Seller under Section 6.1(a) in an amount equal to the difference between (i) the Contract Price, and (ii) the average on-peak Energy price during the Pre- Certification Period for Energy that is not from a eligible renewable energy resource under the RPS Law, as listed in the Dow Xxxxx Palo Verde Electricity Price Index. Buyer shall release such retained amount, which shall be calculated without interest of any kind, within forty five (45) days following the receipt of evidence from Seller that the Facility is CEC Certified, but only to the extent that Buyer is able to apply the RECs generated by the Facility during the Pre- Certification Period towards compliance with Buyer’s RPS obligations under PUC 399.16(b)(1).
Purchases by Buyer. (a) On and after the Commencement Date and continuing for the Delivery Term, Seller shall sell, and Buyer shall purchase, all Delivered Energy for the Contract Price, except as described in Section 6.1(b), Section 6.5, Section 8.5(b), or Section 8.7.
(b) Seller shall not be obligated to sell to Buyer, and Buyer shall not be obligated to purchase, (i) any Excess Energy, or (ii) any Energy in any hour that exceeds the then-applicable Generation Hourly Cap. If Seller elects to offer any such Energy to Buyer, and Buyer elects, in its sole discretion, to purchase such Energy, then the price for such Energy shall be the Excess Energy Price.
(c) For each hour during which Buyer pays Seller the Contract Price or the Excess Energy Price for Forecasted Energy pursuant to Section 6.1(a) or Section 6.1(b), Seller shall issue a credit to Buyer equal to the product of (i) CAISO’s Day-Ahead LMP at the Point of Delivery for such hour, and (ii) the MWh of Forecasted Energy during such hour.
Purchases by Buyer. (a) Prior to the Commercial Operation Date and continuing through the Delivery Term, Seller shall sell and deliver, and Buyer shall purchase and receive, all of the Capacity Rights and all SCPPA Facility Energy and Replacement Energy delivered to the respective Points of Delivery for the respective prices set forth in Appendix A.
(b) Buyer may increase the SCPPA Facility Capacity for the remainder of the Agreement Term to an amount up to the Facility Capacity at any time prior to receipt by Buyer of written notice from Seller that such capacity is no longer available by providing written notice to Seller of the amount of additional capacity to be purchased by Buyer and the Point(s) of Delivery associated with the SCPPA Facility Energy associated with such additional capacity, which shall be included in Appendix K. Upon such increase in SCPPA Facility Capacity, Seller shall within thirty (30) days cause any Milestone Security or Performance Security to be increased as a result of such increase in SCPPA Facility Capacity so as to comply with Section 3.5 or Section 5.4, as the case may be. The SCPPA Energy Delivery Shares in Appendix A shall also be revised to as to account for the increases in the SCPPA Facility Energy associated with such additional capacity that is to be delivered to any of the Points of Delivery as set forth in the abovementioned notice of such additional capacity by Buyer to Seller.
(c) If the SCPPA Facility Capacity subscribed to by SCPPA under this Agreement is less than the Facility Capacity, and Seller enters into power sales agreement for the subscription of such remaining capacity with another party for a term that is longer then one (1) calendar year, any term offered to such party that is more favorable than the term offered to SCPPA shall also be offered by Seller to SCPPA, and the Parties shall amend this Agreement to reflect such amended term.
Purchases by Buyer. (a) Prior to the date that the Facility is CEC Certified, Seller shall sell and deliver, and Buyer shall receive and purchase the Products associated with Test Energy for the applicable Contract Price for Test Energy set forth in Section 1 of Appendix A.
Purchases by Buyer. (a) Subject to the terms of this Agreement, prior to the Commercial Operation Date, Seller shall sell and deliver, and Buyer shall purchase and receive, the Products associated with Test Energy for the applicable Contract Price set forth in Section 1 of Appendix A-1.
(b) Subject to the terms of this Agreement, and except as set forth in Section 6.1(d), on and after the Commercial Operation Date and continuing for the Delivery Term, Seller shall sell and deliver, and Buyer shall purchase and receive, the Products associated with Facility Energy (other than Excess Energy) and the Replacement Product at the applicable Contract Price set forth in Section 2 of Appendix A-1.
(c) Subject to this Agreement, and except as set forth in Section 6.1(d), on and after the Commercial Operation Date and continuing for the Delivery Term, Seller shall sell and deliver, and Buyer shall purchase and receive, the Products associated with Excess Energy at the applicable Contract Price set forth in Section 3 of Appendix A-1.
(d) Seller shall use good faith efforts to ensure that the Facility is CEC Certified following the Commercial Operation Date. During the period of time between the Commercial Operation Date and the day that is one (1) day following the date upon which Seller delivers evidence to Buyer that the Facility is CEC Certified (the “Pre-Certification Period”), Buyer shall have the right to retain a portion of any payment to be made to Seller under Section 6.1(a) and Section 6.1(c) in an amount equal to the difference between (i) the applicable Contract Price, and
Purchases by Buyer. (a) Subject to the terms of this Agreement, prior to the Commercial Operation Date, Seller shall sell and deliver, and Buyer shall purchase, the Products associated with Test Energy for the applicable Contract Price set forth in Section 1 of Appendix A. (b) Subject to the terms of this Agreement, and except as set forth in Section 6.1(d), on and after the Commercial Operation Date and continuing for the Delivery Term, Seller shall sell and deliver, and Buyer shall purchase, the Products associated wi...
