Sale of Covered Products. XXXXXXXX POWER shall, itself or through an Affiliate, exercise Commercially Reasonable efforts to acquire and sell, or otherwise extract the maximum value from the Landfill Gas, Covered Products and the Flare Products while minimizing any adverse impact on the Landfill and Landfill operations. Among other things, XXXXXXXX POWER shall, at its sole cost and expense: (1) prepare and file any document, application, registration or certificate; (2) institute or prosecute any proceeding, hearing, action or make any claim before any governmental agency or body; (3) negotiate any contract, agreement or other arrangement, or (4) take any and all other action that XXXXXXXX POWER deems necessary or advisable with respect to the identification, acquisition or sale of any such Covered Product; provided, however that no document shall be filed or action taken by XXXXXXXX POWER in the name of COUNTY without COUNTY’s prior written approval. Nothing herein shall be deemed as an obligation of XXXXXXXX POWER to identify or pursue any particular opportunities with respect to Covered Products. XXXXXXXX POWER shall have discretion to determine which Covered Products shall be identified and commercialized and there shall be no penalty or liability imposed on XXXXXXXX POWER for its failure, or unsuccessful attempt, to identify and commercialize any particular Covered Product or to receive any particular value for any Covered Product. Notwithstanding anything contrary contained herein, COUNTY shall cooperate in good faith with XXXXXXXX POWER with respect to matters undertaken by XXXXXXXX POWER pursuant to this Section 1.12(f). Such cooperation shall include, but not be limited to, COUNTY’s execution of applications, certificates, filings, agreements and other documents as XXXXXXXX POWER may reasonably request, provided, however, that COUNTY has reviewed and approved any such document and that execution of such document imposes no liability upon COUNTY, unless COUNTY, at its sole discretion, agrees to execute such document notwithstanding such liability.
Sale of Covered Products. After the Effective Date, ITC shall not ship, sell or offer for sale any Covered Products that will be sold or offered for sale to California consumers that do not meet the standards set forth in Section 2.2.
Sale of Covered Products. Within sixty (60) days of the Effective Date, Settling 18 Defendant shall not distribute, sell, or offer for sale, any Covered Products that will be sold or 19 offered for sale to California consumers that do not meet the standards set forth in Section 2.3.
