Common use of Retained Benefits Clause in Contracts

Retained Benefits. Seller shall retain for its own use or disposition all Financial Incentives and all attributes, benefits and credits associated with the Generating Facility and the electrical or thermal energy produced therefrom, other than the Power Product and the Related Products. Nothing in this Agreement restricts Seller’s ability to use, provide and convey any energy, capacity, Green Attributes, Capacity Attributes, Resource Adequacy Benefits, or any other product or benefit associated with the Generating Facility or the output thereof before the Term. {Buyer Comment: Insert this sentence only if Seller has a FERC jurisdictional interconnection agreement.} Notwithstanding anything to the contrary in this Agreement, as of the Effective Date and until the Term End Date, Seller may not use, provide or convey any of the Power Product and the Related Products to any Person other than Buyer (unless the FERC determines that a party holding a state jurisdictional interconnection agreement may sell Related Products to a Person other than Buyer). {Buyer Comment: Insert this sentence if Seller does not have a FERC jurisdictional interconnection agreement.}