Sale and Purchase of Heat Clause Samples

Sale and Purchase of Heat. Subject to the terms of this Agreement, at all times during the Commissioning Period and the Supply Period: (a) the Seller shall: (i) supply to the Buyer (or offer to supply to the Buyer), in priority to all other potential buyers of such Heat, all of the Heat which is capable of being supplied to the Buyer from time to time, and in any event, the Base Case Heat Volume during the Supply Period only, such Heat to be supplied to the Buyer at the Delivery Point; (ii) not supply (or offer to supply) Heat to any other potential purchaser in circumstances where the Buyer wishes to and is able to purchase such Heat from the Seller; and (iii) subject to the reasonable technical and operational requirements of the Heat- Producing PPP Facility (and other facilities of the Seller) and the Seller's need to generate electricity for its own use, to operate the Seller's Facilities so as to prioritise the generation of Heat over the generation of electricity in order to meet the Buyer's demand for Heat, as notified to the Seller by the Buyer in accordance with Clause 11 (Estimates and Nominations of Heat Requirements); and (b) the Buyer shall: (i) subject to Clause 10.2(b), purchase from the Seller (or offer to purchase from the Seller) for the Price, in priority to all other potential sources of heat (including, for the avoidance of doubt, the Buyer's own generation assets and/or facilities), all of the Heat which is capable of being supplied by the Seller to the Buyer from time to time, up to the Maximum Required Amount, such Heat to be purchased from the Seller at the Delivery Point; and (ii) not generate heat (by installed gas or oil boilers or otherwise) and/or purchase heat generated by anyone other than the Seller in circumstances where the Seller wishes to and is able to supply such Heat.