Common use of Resource Adequacy Rulings Clause in Contracts

Resource Adequacy Rulings. During the Term, Seller shall grant, pledge, assign and otherwise commit to Buyer the generating capacity of the Generating Facility associated with the Related Products in order for Buyer to use in meeting its resource adequacy obligations under any Resource Adequacy Ruling. Seller: Has not used, granted, pledged, assigned or otherwise committed any portion of the generating capacity of the Generating Facility associated with the Related Products to meet the Resource Adequacy Rulings of, or to confer Resource Adequacy Benefits on, any Person other than Buyer; Will not during the Term use, grant, pledge, assign or otherwise commit any portion of the generating capacity of the Generating Facility associated with the Related Products to meet the Resource Adequacy Rulings of, or to confer Resource Adequacy Benefits on, any Person other than Buyer; and Shall take all reasonable action, including complying with all current and future CAISO Tariff provisions and decisions of the CPUC or any other Governmental Authority that address Resource Adequacy Rulings, and execute all documents that are reasonable and necessary to effect the use of the generating capacity of the Generating Facility associated with the Related Products for Buyer’s sole benefit throughout the Term. Comply with any demonstration required for Resource Adequacy Rulings; provided, however, if such demonstrations could interfere with the operations of Seller, Seller shall be entitled to challenge such requirements with the CPUC or other relevant agency. Absent a ruling or other action granting a stay, Seller’s compliance shall be required pending resolution of the challenge.

Resource Adequacy Rulings. During the Term, Seller shall grant, pledge, assign and otherwise commit to Buyer the generating capacity of the Generating Facility associated with the Related Products in order for Buyer to use in meeting its resource adequacy obligations under any Resource Adequacy Ruling. Seller: |\OTK: This Section of tlu| \greeineiil must he hannuiii/.i-ri with the ( \IS() S( T.| (a) Has not used, granted, pledged, assigned or otherwise committed any portion of the generating capacity of the Generating Facility associated with the Related Products to meet the Resource Adequacy Rulings of, or to confer Resource Adequacy Benefits on, any Person other than Buyer; ; (b) Will not during the Term use, grant, pledge, assign or otherwise commit any portion of the generating capacity of the Generating Facility associated with the Related Products to meet the Resource Adequacy Rulings of, or to confer Resource Adequacy Benefits on, any Person other than Buyer; and ; (c) Shall take all reasonable action, actions (including complying with all current and future CAISO Tariff provisions and decisions of the CPUC or any other Governmental Authority that address Resource Adequacy Rulings, ) and execute all documents that are reasonable and necessary to effect the use of the generating capacity of the Generating Facility associated with the Related Products for Buyer’s sole benefit throughout the Term. Comply ; and (d) Shall be reimbursed by Buyer for any and all costs incurred to: (i) comply with any demonstration required current and future CAISO Tariff provisions including, but not limited to, the CAISO’s standard capacity product availability standard related charges and replacement capacity requirements, including, but not limited to, the costs of acquiring replacement capacity or paying for Resource Adequacy Rulings; providedCAISO-procured replacement capacity, however, if such demonstrations could interfere with the operations of Seller, Seller shall be entitled attributable to challenge such requirements with the CPUC or other relevant agency. Absent a ruling or other action granting a stay, Seller’s compliance shall be required pending resolution forced and scheduled outages of the challenge.Generating Facility,

Resource Adequacy Rulings. During the Term, Seller shall grant, pledge, assign and otherwise commit to Buyer the generating capacity of the Generating Facility associated with the Related Products in order for Buyer to use in meeting its resource adequacy obligations under any Resource Adequacy Ruling. Seller: : (a) Has not used, granted, pledged, assigned or otherwise committed any portion of the generating capacity of the Generating Facility associated with the Related Products to meet the Resource Adequacy Rulings of, or to confer Resource Adequacy Benefits on, any Person other than Buyer; ; (b) Will not during the Term use, grant, pledge, assign or otherwise commit any portion of the generating capacity of the Generating Facility associated with the Related Products to meet the Resource Adequacy Rulings of, or to confer Resource Adequacy Benefits on, any Person other than Buyer; and ; (c) Shall take all reasonable action, including complying with all current and future CAISO Tariff provisions and decisions of the CPUC or any other Governmental Authority that address Resource Adequacy Rulings, and execute all documents that are reasonable and necessary to effect the use of the generating capacity of the Generating Facility associated with the Related Products for Buyer’s sole benefit throughout the Term. ; and (d) Comply with any demonstration required for CPUC and CAISO requirements in order to provide Resource Adequacy RulingsBenefits; provided, however, : (i) if such demonstrations requirements could interfere with the operations Operations of Seller, Seller shall be entitled to challenge such requirements with the CPUC or other relevant agency. Absent a ruling or other action granting a stay, Seller’s compliance shall be required pending resolution of the challenge; and (ii) if Seller interconnects the Generating Facility pursuant to a non-FERC- jurisdictional interconnection tariff, Seller shall not be required to provide Resource Adequacy Benefits, and Buyer’s total obligation to obtain Resource Adequacy Benefits pursuant to the Resource Adequacy Rulings with respect to the service area of Buyer will be decreased by the Generating Facility’s generating capacity, provided that, if the outcome of any CPUC proceeding requires Seller to obtain a deliverability study, Seller shall promptly obtain such deliverability study and provide it to Buyer upon the completion of such deliverability study. (e) Following the outcome of the distribution interconnection issues proceeding (R.11-09-011), the resource adequacy proceedings (R.09-10-032) and any future CAISO stakeholder process addressing deliverability, the CPUC has reserved the right to require appropriate amendments to this Agreement, as necessary to address full capacity deliverability status and whether a deliverability study may or may not be required for all AB1613 resources. The Parties agree to make amendments to this Agreement in accordance with any amendments required by the CPUC pursuant to the foregoing.

Resource Adequacy Rulings. During the Term, Seller shall grant, pledge, assign and otherwise commit to Buyer the generating capacity of the Generating Facility associated with the Related Products in order for Buyer to use in meeting its resource adequacy Resource Adequacy obligations under any Resource Adequacy Ruling. Seller: : (a) Has not used, granted, pledged, assigned or otherwise committed any portion of the generating capacity of the Generating Facility associated with the Related Products to meet the Resource Adequacy Rulings of, or to confer Resource Adequacy Benefits on, any Person other than Buyer; ; (b) Will not during the Term use, grant, pledge, assign or otherwise commit any portion of the generating capacity of the Generating Facility associated with the Related Products to meet the Resource Adequacy Rulings of, or to confer Resource Adequacy Benefits on, any Person other than Buyer; and and (c) Shall take all reasonable action, including complying with all current and future CAISO Tariff provisions and decisions of the CPUC or any other Governmental Authority that address Resource Adequacy Rulings, and execute all documents that are reasonable and necessary to effect the use of the generating capacity of the Generating Facility associated with the Related Products for Buyer’s sole benefit throughout the Term. Comply . (d) Shall comply with any demonstration required for CPUC and CAISO requirements to count towards Resource Adequacy RulingsAdequacy; provided, however, if , (i) If such demonstrations requirements could interfere with the operations Operations of Seller, Seller shall be entitled to challenge such requirements with the CPUC or other relevant agency. Absent a ruling or other action granting a stay, Seller’s compliance shall be required pending resolution of the challenge. (ii) If Seller interconnects the Generating Facility pursuant to a non-FERC- jurisdictional interconnection tariff, Seller shall not be required to provide Resource Adequacy Benefits, and Buyer’s total obligation to obtain Resource Adequacy Benefits pursuant to the Resource Adequacy Rulings with respect to the service area of Buyer will be decreased by the Generating Facility’s generating capacity, provided that, if the outcome of any CPUC proceeding requires Seller to obtain a deliverability study, Seller shall promptly obtain such deliverability study and provide it to Buyer upon the completion of such deliverability study. (e) Following the outcome of the distribution interconnection issues proceeding (R.11-09- 011), the Resource Adequacy proceedings (R.09-10-032), and any future CAISO stakeholder process addressing deliverability, a deliverability study may be required for all AB 1613 resources. The CPUC has reserved the right to require appropriate amendments to this Agreement as necessary to address full capacity deliverability issues. The Parties agree to comply with any such CPUC requirement.

Resource Adequacy Rulings. During the Term, Seller shall grant, pledge, assign and otherwise commit to Buyer the generating capacity of the Generating Facility associated with the Related Products in order for Buyer to use in meeting its resource adequacy obligations under any Resource Adequacy Ruling. Seller: : (a) Has not used, granted, pledged, assigned or otherwise committed any portion of the generating capacity of the Generating Facility associated with the Related Products to meet the Resource Adequacy Rulings of, or to confer Resource Adequacy Benefits on, any Person other than Buyer; ; (b) Will not during the Term use, grant, pledge, assign or otherwise commit any portion of the generating capacity of the Generating Facility associated with the Related Products to meet the Resource Adequacy Rulings of, or to confer Resource Adequacy Benefits on, any Person other than Buyer; and and (c) Shall take all reasonable action, including complying with all current and future CAISO Tariff provisions and decisions of the CPUC or any other Governmental Authority that address Resource Adequacy Rulings, and execute all documents that are reasonable and necessary to effect the use of the generating capacity of the Generating Facility associated with the Related Products for Buyer’s sole benefit throughout the Term. . (d) Comply with any demonstration required for Resource Adequacy Rulings; provided, however, if such demonstrations could interfere with the operations of Seller, Seller shall be entitled to challenge such requirements with the CPUC or other relevant agency. Absent a ruling or other action granting a stay, Seller’s compliance shall be required pending resolution of the challenge.

Resource Adequacy Rulings. During the Term, Seller shall grant, pledge, assign and otherwise commit to Buyer the generating capacity of the Generating Facility associated with the Related Products in order for Buyer to use in meeting its resource adequacy Resource Adequacy obligations under any Resource Adequacy Ruling. Seller: : (a) Has not used, granted, pledged, assigned or otherwise committed any portion of the generating capacity of the Generating Facility associated with the Related Products to meet the Resource Adequacy Rulings of, or to confer Resource Adequacy Benefits on, any Person other than Buyer; ; (b) Will not during the Term use, grant, pledge, assign or otherwise commit any portion of the generating capacity of the Generating Facility associated with the Related Products to meet the Resource Adequacy Rulings of, or to confer Resource Adequacy Benefits on, any Person other than Buyer; and and (c) Shall take all reasonable action, including complying with all current and future CAISO Tariff provisions and decisions of the CPUC or any other Governmental Authority that address Resource Adequacy Rulings, and execute all documents that are reasonable and necessary to effect the use of the generating capacity of the Generating Facility associated with the Related Products for Buyer’s sole benefit throughout the Term. Comply . (d) Shall comply with any demonstration required for CPUC and CAISO requirements to count towards Resource Adequacy RulingsAdequacy; provided, however, if ID #[Number], [Seller’s Name] (i) If such demonstrations requirements could interfere with the operations Operations of Seller, Seller shall be entitled to challenge such requirements with the CPUC or other relevant agency. Absent a ruling or other action granting a stay, Seller’s compliance shall be required pending resolution of the challenge. (ii) If Seller interconnects the Generating Facility pursuant to a non-FERC- jurisdictional interconnection tariff, Seller shall not be required to provide Resource Adequacy Benefits, and Buyer’s total obligation to obtain Resource Adequacy Benefits pursuant to the Resource Adequacy Rulings with respect to the service area of Buyer will be decreased by the Generating Facility’s generating capacity, provided that, if the outcome of any CPUC proceeding requires Seller to obtain a deliverability study, Seller shall promptly obtain such deliverability study and provide it to Buyer upon the completion of such deliverability study. (e) Following the outcome of the distribution interconnection issues proceeding (R.11-09- 011), the Resource Adequacy proceedings (R.09-10-032), and any future CAISO stakeholder process addressing deliverability, a deliverability study may be required for all AB 1613 resources. The CPUC has reserved the right to require appropriate amendments to this Agreement as necessary to address full capacity deliverability issues. The Parties agree to comply with any such CPUC requirement.