Common use of RESOURCE ADEQUACY CAPACITY PRODUCT Clause in Contracts

RESOURCE ADEQUACY CAPACITY PRODUCT. During Delivery Period, Seller shall provide the Product to Buyer pursuant to the terms of this Confirmation. The Product shall (a) include both RAR Attributes and LAR Attributes, and (b) be a Firm RA Product or a Contingent Firm RA Product, as selected below. The Product does not confer to Buyer any right to the Contract Quantity from the Units, other than the right to include the Designated RA Capacity associated with the Contract Quantity in RAR Showings, LAR Showings if applicable, and any other capacity or resource adequacy markets or proceedings as specified in this Confirmation. Specifically, no energy or ancillary services associated with any Unit is required to be made available to Buyer as part of this Transaction and, other than as set forth in this Confirmation, Buyer shall not be responsible for compensating Seller for Seller's commitments to the CAISO required by this Confirmation. Seller retains the right to sell any RA Capacity from a Unit in excess of that Unit’s Contract Quantity, and any RAR Attributes or LAR Attributes not otherwise sold under this Confirmation. RAR and LAR Attributes Seller shall provide Buyer with the Designated RA Capacity and the RAR Attributes and LAR Attributes from each Unit, as measured in MWs. Firm RA Product Seller shall provide Buyer with Designated RA Capacity from the Units in the amount of the Contract Quantity. If the Units are not available to provide the full amount of the Contract Quantity for any reason other than Force Majeure, including without limitation any Outage or any adjustment of the RA Capacity of any Unit, Seller shall provide Buyer with Designated RA Capacity from one or more Replacement Units pursuant to Section 5.2 hereof. If Seller fails to provide Buyer with replacement Designated RA Capacity from Replacement Units pursuant to Section 5.2, Seller shall be liable for damages pursuant to Section 5.4 hereof, or to indemnify Buyer for penalties or fines pursuant to Section 5.5 hereof if Seller is not able to replace the Designated RA Capacity.

RESOURCE ADEQUACY CAPACITY PRODUCT. During the Delivery Period, Seller shall provide the Product to Buyer pursuant to the terms of this Confirmation. The Product shall : (a) include both RAR Attributes and LAR Attributes, and (b) be either a Firm RA Product or a Contingent Firm RA Product, as selected belowspecified in either Section 3.2 or 3.3 below by checking the applicable provision ((a) and (b) shall be collectively referred to as the "Product"). The Product does not confer to Buyer any right to the Contract Quantity electrical output from the Units, other than the right to include the Designated RA Capacity associated with the Contract Quantity in RAR Showings, LAR Showings if applicable, and any other capacity or resource adequacy markets or proceedings as specified in this Confirmation. Specifically, no Seller is not required to make available any energy or ancillary services associated with any Unit is required to be made available to Buyer as part of this Transaction and, other than as set forth in this Confirmation, and Buyer shall not be responsible for compensating Seller for Seller's commitments to the CAISO required by this Confirmation. Seller retains the right to sell any RA Capacity from a Unit in excess of that Unit’s Contract Quantity, Quantity and any RAR Attributes or LAR Attributes not otherwise transferred, conveyed, or sold to Buyer under this ConfirmationConfirmation to a third party. RAR and LAR Attributes Seller shall provide Buyer with the Designated RA Capacity and the RAR Attributes and LAR Attributes from each Unit, as measured in MWs. Firm For each Monthly Delivery Period, a Unit's Designated RA Product Seller Capacity shall provide Buyer with be equal to the product of (x) the Unit's RA Capacity, after reflecting adjustments for Outages, if any, as determined by the CPUC (and, to the extent authorized by the CPUC or the CAISO), or by an LRA having jurisdiction, and (y) the Unit's Prorated Percentage of Unit Factor, provided that the total amount of Designated RA Capacity from the all Units in the amount of shall not exceed the Contract Quantity. If the Units are not available to provide the full amount of the Contract Quantity for any reason other than Force Majeure, including without limitation any Outage or any adjustment of the RA Capacity of any Unit, Seller shall provide Buyer with Designated RA Capacity from one or more Replacement Units pursuant to Section 5.2 hereof. If Seller fails to provide Buyer with replacement Designated RA Capacity from Replacement Units pursuant to Section 5.2, Seller shall be liable for damages pursuant to Section 5.4 hereof, or to indemnify Buyer for penalties or fines pursuant to Section 5.5 hereof if Seller is not able to replace the Designated RA Capacity.

RESOURCE ADEQUACY CAPACITY PRODUCT. During the Delivery PeriodTerm, Seller shall provide the Product to Buyer Buyer, pursuant to the terms of this Confirmation. The Product shall Agreement, the Contract Quantity of RAR Attributes and, if specified on the Cover Sheet, LAR Attributes and FCR Attributes (the “Product”); provided that, notwithstanding anything to the contrary herein: (a) include both RAR Attributes and LAR Attributes, and (b) be a Firm RA Product or a Contingent Firm RA Product, as selected below. The the Product does not confer to Buyer any right to the Contract Quantity electrical output from the Units, other than the right to include the Designated RA Capacity associated with the Contract Quantity in RAR Showings, LAR Showings if Showings, and/or FCR Showings, as applicable, and any other capacity or resource adequacy markets or proceedings as specified in this ConfirmationAgreement; (b) any change by the CAISO, CPUC or other Governmental Body that defines new or re-defines existing local capacity areas that results in a decrease or increase in the amount of LAR Attributes or RAR Attributes related to a local capacity area provided hereunder will not result in a change in payments made pursuant to this Agreement; (c) any change by the CAISO, CPUC or other Governmental Body that defines new or re-defines existing RAR or Flexible Capacity Requirements, LAR Attributes or RAR Attributes, or attributes of the Unit, that results in a decrease or increase in the amount of LAR Attributes or RAR Attributes provided hereunder will not result in a change in payments made pursuant to this Agreement; (d) the Parties agree that, under this Agreement, if the CAISO, CPUC or other Governmental Body defines new or re-defines existing local capacity areas whereby the Unit subsequently qualifies for a local capacity area, the Product, to the extent specified in the Cover Sheet, shall include all LAR Attributes related to such local Capacity Area; (e) the Parties agree that, under this Agreement, if the CAISO, CPUC or other Governmental Body defines new or re-defines existing RAR or Flexible Capacity Requirements, LAR Attributes or RAR Attributes, or attributes of the Unit whereby the Unit, or a portion of the Unit which did not previously qualify, subsequently qualifies to satisfy RAR or Flexible Capacity Requirements, the Product, to the extent specified in the Cover Sheet, shall include all FCR Attributes or RAR Attributes of the Unit, including any FCR Attributes or RAR Attributes with respect to any portion of the Unit which previously was not able to satisfy RAR or Flexible Capacity Requirements, as applicable. Specifically, no energy or ancillary services associated with any Unit is required to be made available to Buyer as part of this Transaction and, other than as set forth in this Confirmation, Agreement and Buyer shall not be responsible for compensating Seller for Seller's ’s commitments to the CAISO required by this ConfirmationAgreement. Seller retains the right to sell sell, pursuant to the Tariff, any RA Capacity from a Unit that is in excess of that Unit’s Contract Quantity, Quantity and any RAR Attributes Attributes, LAR Attributes, or LAR FCR Attributes not otherwise transferred, conveyed, or sold to Buyer under this Confirmation. RAR and LAR Attributes Seller shall provide Buyer Agreement; and (f) consistent with the Designated RA Capacity and foregoing, in the event any change by the CPUC, CAISO, CPUC Decisions, LRA, or other Governmental Body or Person having jurisdiction over RAR Attributes and LAR Attributes from each Unit, as measured results in MWs. Firm RA Product Seller shall provide Buyer with Designated RA Capacity from the Units in increase or decrease of the amount of Capacity Attributes that may be calculated or derived from the Operational Characteristics, such occurrence is a change in Applicable Laws subject to Section 3.11(b) and (g), and prior to the effective date of such change, either Party shall provide Notice to the other Party upon knowledge of such change specifying the altered amounts of Capacity Attributes of Product (“Change Notice”). Following a Change Notice, Buyer will confirm via Notice to Seller the amended Contract QuantityQuantity amount of Capacity Attributes of Product based on such change and the date that Seller shall commence delivery of such amended amounts (“Confirmation Notice”). If the Units are not available to provide the full amount The amounts of the Contract Quantity of Capacity Attributes of Product shall automatically adjust upon the date set forth in the Confirmation Notice (“Capacity Adjustment Date”) without further need for any reason other than Force Majeure, including without limitation any Outage or any adjustment of the RA Parties to amend this Agreement. Until the Capacity of any UnitAdjustment Date, Seller shall provide continue to deliver the Contract Quantity amount of the Capacity Attributes of Product as stated prior to the Confirmation Notice. Buyer shall pay Seller for Product based on the Payment Quantity and Contract Price in accordance with Designated RA Capacity from one or more Replacement Units pursuant to the formula set forth in Section 5.2 hereof. If Seller fails to provide Buyer with replacement Designated RA Capacity from Replacement Units pursuant to Section 5.2, Seller shall be liable for damages pursuant to Section 5.4 hereof, or to indemnify Buyer for penalties or fines pursuant to Section 5.5 hereof if Seller is not able to replace the Designated RA Capacity3.9.

RESOURCE ADEQUACY CAPACITY PRODUCT. During the Delivery PeriodTerm, Seller shall provide the Product to Buyer Buyer, pursuant to the terms of this Confirmation. The Product shall Agreement, the Designated RA Capacity in the amount of the Contract Quantity of (ai) include both RAR Attributes and and, if applicable, LAR Attributes, and (bii) FCR Attributes, if Flexible RA Product is specified in Section B of the Cover Sheet to this agreement, and the Contract Quantity shall be either a Firm RA Product or a Contingent Firm RA Product, as selected below. The specified in Section B of the Cover Sheet (the “Product”); provided, that, notwithstanding anything to the contrary herein (i) the Product does not confer to Buyer any right to the Contract Quantity electrical output from the UnitsPortfolio, other than the right to include the Designated RA Capacity associated with the Contract Quantity in RAR Showings, LAR Showings if Showings, and/or FCR Showings, as applicable, and any other capacity or resource adequacy markets or proceedings as specified in this ConfirmationAgreement ; (ii) any change by the CAISO, CPUC or other Governmental Body that defines new or re-defines existing local capacity areas that results in a decrease or increase in the amount of LAR Attributes or RAR Attributes related to a local capacity area provided hereunder will not result in a change in payments made pursuant to this Agreement; (iii) any change by the CAISO, CPUC or other Governmental Body that defines new or re-defines existing RAR or Flexible Capacity Requirements, LAR Attributes or RAR Attributes, or attributes of the Portfolio or any Unit, that results in a decrease or increase in the amount of LAR Attributes or RAR Attributes provided hereunder will not result in a change in payments made pursuant to this Agreement; (iv) the Parties agree that, under this Agreement, if the CAISO, CPUC or other Governmental Body defines new or re-defines existing local capacity areas whereby the Portfolio or any Unit subsequently qualifies for a local capacity area, the Product shall include all LAR Attributes or RAR Attributes related to such local capacity area; and (v) the Parties agree that, under this Agreement, if the CAISO, CPUC or other Governmental Body defines new or re-defines existing RAR or Flexible Capacity Requirements, LAR Attributes or RAR Attributes, or attributes of the Portfolio or any Unit whereby a Unit which did not previously qualify, subsequently qualifies to satisfy RAR or Flexible Capacity Requirements, the Product shall include all LAR Attributes or RAR Attributes of the Unit, including any LAR Attributes or RAR Attributes with respect to any portion of the Portfolio which previously was not able to satisfy RAR or Flexible Capacity Requirements, as applicable. Specifically, no energy or ancillary services associated with any Unit is required to be made available to Buyer as part of this Transaction and, other than as set forth in this Confirmation, Agreement and Buyer shall not be responsible for compensating Seller for Seller's ’s commitments to the CAISO required by this ConfirmationAgreement. Seller retains the right to sell sell, pursuant to the Tariff, any RA Capacity from a Unit the Portfolio that is in excess of that Unit’s Contract Quantity, Quantity and any RAR Attributes Attributes, LAR Attributes, or LAR FCR Attributes not otherwise transferred, conveyed, or sold to Buyer under this Confirmation. RAR and LAR Attributes Seller shall provide Buyer with the Designated RA Capacity and the RAR Attributes and LAR Attributes from each Unit, as measured in MWs. Firm RA Product Seller shall provide Buyer with Designated RA Capacity from the Units in the amount of the Contract Quantity. If the Units are not available to provide the full amount of the Contract Quantity for any reason other than Force Majeure, including without limitation any Outage or any adjustment of the RA Capacity of any Unit, Seller shall provide Buyer with Designated RA Capacity from one or more Replacement Units pursuant to Section 5.2 hereof. If Seller fails to provide Buyer with replacement Designated RA Capacity from Replacement Units pursuant to Section 5.2, Seller shall be liable for damages pursuant to Section 5.4 hereof, or to indemnify Buyer for penalties or fines pursuant to Section 5.5 hereof if Seller is not able to replace the Designated RA CapacityAgreement.