Resource Designation. (i) Seller represents and warrants to Buyer that, as of the Effective Date, the Facility is eligible for the following resource designations with the Balancing Authority applicable to the Injection Portion: [●]21. Seller shall notify Buyer promptly upon (A) the existence of any new resource designations (e.g., capacity resource, behind-the-meter resource, intermittent resource or other type of resource recognized by such Balancing Authority) for which the Facility is eligible from time to time and/or (B) any resource designations for which the Facility ceases to be eligible from time to time. If, as is the case on the Effective Date, the Facility is eligible for one or more resource designations with the Balancing Authority applicable to the Injection Portion, as determined by Buyer in Buyer’s good faith judgment, then Buyer shall be entitled to select the resource designation(s) (or for no resource designations to be made) for the Facility in such Balancing Authority and Seller shall not register the Facility with such Balancing Authority except after receipt of notice of Buyer’s selected resource designation(s) and in accordance with such designation(s), provided that Xxxxx’s selection(s) comply with applicable Laws, as determined by Buyer in Buyer’s good faith judgment. From time to time (but not during the period of time commencing one hundred and eighty (180) Days prior to the expected Delivery Term Commencement Date (which date Seller shall communicate to Buyer in writing at least two hundred and ten (210) Days prior to such date) to and ending on the 21 NTD: Applicable designations to be provided by Buyer. Xxxxx currently expects the Facility to be registered with MISO as a Dispatchable Intermittent Resource. Delivery Term Commencement Date), Buyer may add, remove or change any such resource designation in accordance with this Section 7.3(b), provided that such addition, removal or change is permitted by applicable Laws at such time, as determined by Buyer in Buyer’s good faith judgment. Seller shall cause the applicable Balancing Authority to recognize and give effect to any designation (or addition or removal thereof or change thereto) made by Buyer pursuant to this Section 7.3(b) promptly upon receipt of notice thereof from Buyer (or, in the case of the initial designation by Buyer, such that the Facility has such designation in effect as of the Commercial Operation Date) and maintain the same in effect throughout the remainder of the Delivery Te...
Resource Designation. (i) Seller represents and warrants to Buyer that, as of the Effective Date, the Facility is eligible for the following resource designations with the Balancing Authority applicable to the Injection Portion: [ ]23. Seller shall notify Buyer promptly upon (A) the existence of any new resource designations (e.g., capacity resource, behind- the-meter resource, intermittent resource or other type of resource recognized by such Balancing Authority) for which the Facility is eligible from time to time and/or (B) any resource designations for which the Facility ceases to be eligible from time to time. If, as is the case on the Effective Date, the Facility is eligible for one or more resource designations with the Balancing Authority applicable to the Injection Portion , as determined by Buyer in Buyer’s good faith judgment, then Buyer shall be entitled to select the resource designation(s) (or for no resource designations to be made) for the Facility in such Balancing Authority and Seller shall not register the Facility with such Balancing Authority except after receipt of notice of Buyer’s selected resource designation(s) and in accordance with such designation(s), provided that Xxxxx’s selection(s) comply with applicable Laws, as determined by Buyer in Buyer’s good faith judgment. From time to time (but not during the period of time commencing one hundred and eighty (180) Days
Resource Designation. Formatted: No underline
