REC Compliance Status. Each REC Delivered by REC Supplier hereunder shall be capable as of the Delivery Date to be used by Buyer for purposes of compliance with the Act. If any REC Delivered to Buyer is later determined to have been, as of the Delivery Date, unable to be used by Buyer for compliance with the Act for any reason, including, but not limited to, REC Supplier’s failure, whether by act or omission to act, under, or with respect to, this Agreement, REC Supplier shall Deliver to Buyer an equivalent REC, which is capable to be used by Buyer for purposes of compliance with the Act. REC Supplier shall be responsible to reimburse Buyer for any costs or penalties incurred by Buyer with respect to any REC Delivered hereunder, which Buyer is unable to use for compliance with the Act as of the Delivery Date.
Appears in 7 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
