Common use of Sales by LPM Clause in Contracts

Sales by LPM. (a) In each Interval of the Term, LPM shall sell and deliver, or cause to be delivered, and OPC shall purchase and receive, or cause to be received, an amount of Electric Energy equal to the sum of (i) LPM's Share of Participating Member Load in that Interval, plus (ii) LPM's Share of Participating Member Off-System Sales in that Interval, plus (iii) LPM's Share of Participating Member Customer Choice Load in that Interval. This Agreement shall constitute the single agreement under which LPM is obligated to supply at wholesale Electric Energy to serve LPM's Share of Participating Member Load, LPM's Share of Participating Member Customer Choice Load, and LPM's Share of Participating Member Off-System Sales in accordance with the terms hereof, and no further request, schedule or agreement by OPC is needed. (b) The Parties recognize and agree that [**] (iii) neither of the foregoing shall entitle LPM to avoid its obligations hereunder or to adjust the LPM Sales Price, except as expressly permitted under the provisions of this Agreement. (c) In lieu of selling or buying Electric Energy, LPM reserves the right to broker Electric Energy from or to Louisville Gas and Electric Company and OPC agrees to accept or supply such Electric Energy pursuant to its Interchange Agreement or other existing contracts with Louisville Gas and Electric Company in complete satisfaction of LPM's obligations hereunder; provided, that any such arrangements shall be performed at a price and under terms and conditions that are the same as those specified herein; and provided, further, that OPC shall have no obligation to participate in any such arrangement unless LPM establishes to OPC's satisfaction that Louisville Gas and Electric Company has all requisite regulatory authorization to perform in accordance with the foregoing.

Sales by LPM. (a) In each Interval of the Term, LPM shall sell and deliver, or cause to be delivered, and OPC shall purchase and receive, or cause to be received, an amount of Electric Energy equal to the sum of (i) LPM's Share of Participating Member OPC Load in that Interval, plus (ii) LPM's Share of Participating Member OPC Off-System Sales in that Interval, plus (iii) LPM's Share of Participating Member Customer Choice Load in that Interval. This Agreement shall constitute the single agreement under which LPM is obligated to supply at wholesale Electric Energy to serve LPM's Share of Participating Member OPC Load, LPM's Share of Participating Member Customer Choice Load, and LPM's Share of Participating Member OPC Off-System Sales in accordance with the terms hereof, and no further request, schedule or agreement by OPC is needed. (b) The Parties recognize and agree that [**] (iii) neither of the foregoing shall entitle LPM to avoid its obligations hereunder or to adjust the LPM Sales Price, except as expressly permitted under the provisions of this Agreement. ** Material has been omitted pursuant to a request to the Commission for confidential treatment and has been filed separately with the Commission. (c) In lieu of selling or buying Electric Energy, LPM reserves the right to broker Electric Energy from or to Louisville Gas and Electric Company and OPC agrees to accept or supply such Electric Energy pursuant to its Interchange Agreement or other existing contracts with Louisville Gas and Electric Company in complete satisfaction of LPM's obligations hereunder; provided, that any such arrangements shall be performed at a price and under terms and conditions that are the same as those specified herein; and provided, further, that OPC shall have no obligation to participate in any such arrangement unless LPM establishes to OPC's satisfaction that Louisville Gas and Electric Company has all requisite regulatory authorization to perform in accordance with the foregoing. (d) LPM shall be obligated within [**] hours after OPC's request to bid on a case by case basis to serve all of the requirements of [**] and in excess of the [**] referenced in Section 2.1(e). To the extent OPC accepts such bid, then LPM shall be obligated to serve 100% of such excess requirements in accordance with such bid, and such excess requirements shall be included in LPM's Share of OPC Load. Notwithstanding anything to the contrary contained in this Agreement, OPC or [**] shall have the right to seek and accept bids from third parties to serve all the excess requirements described in this paragraph (d). (e) LPM shall be obligated to supply at the LPM Sales Price up to 100% of [**]. Such load may be served by OPC through sales directly to [**] or indirectly through sales by OPC to [**]. Such sales shall be included in LPM's Share of OPC Load.

Sales by LPM. (a) In each Interval of the Term, LPM shall sell and deliver, or cause to be delivered, and OPC shall purchase and receive, or cause to be received, an amount of Electric Energy equal to the sum of (i) LPM's Share of Participating Member OPC Load in that Interval, plus (ii) LPM's Share of Participating Member OPC Off-System Sales in that Interval, plus (iii) LPM's Share of Participating Member Customer Choice Load in that Interval. This Agreement shall constitute the single agreement under which LPM is obligated to supply at wholesale Electric Energy to serve LPM's Share of Participating Member OPC Load, LPM's Share of Participating Member Customer Choice Load, and LPM's Share of Participating Member OPC Off-System Sales in accordance with the terms hereof, and no further request, schedule or agreement by OPC is needed. (b) The Parties recognize and agree that [**] (i) [ ]* (iii) neither of the foregoing shall entitle LPM to avoid its obligations hereunder or to adjust the LPM Sales Price, except as expressly permitted under the provisions of this Agreement. (c) In lieu of selling or buying Electric Energy, LPM reserves the right to broker Electric Energy from or to Louisville Gas and Electric Company and OPC agrees to accept or supply such Electric Energy pursuant to its Interchange Agreement or other existing contracts with Louisville Gas and Electric Company in complete satisfaction of LPM's obligations hereunder; provided, that any such arrangements shall be performed at a price and under terms and conditions that are the same as those specified herein; and provided, further, that OPC shall have no obligation to participate in any such arrangement unless LPM establishes to OPC's satisfaction that Louisville Gas and Electric Company has all requisite regulatory authorization to perform in accordance with the foregoing. (d) LPM shall be obligated within [____]* hours after OPC's request to bid on a case by case basis to serve all of the requirements of [____]* and in excess of the [____]* referenced in Section 2.1(e). To the extent OPC accepts such bid, then LPM shall be obligated to serve 100% of such excess requirements in accordance with such bid, and such excess requirements shall be ---------- * Indicates information that has been filed separately with the Secretary of the Commission as an attachment to a request for confidentiality with respect to the omitted information. included in LPM's Share of OPC Load. Notwithstanding anything to the contrary contained in this Agreement, OPC or [____]* shall have the right to seek and accept bids from third parties to serve all the excess requirements described in this paragraph (d). (e) LPM shall be obligated to supply at the LPM Sales Price up to 100% of [____]*. Such load may be served by OPC through sales directly to [____]* or indirectly through sales by OPC to [____]*. Such sales shall be included in LPM's Share of OPC Load.

Sales by LPM. (a) In each Interval of the Term, LPM shall sell and deliver, or cause to be delivered, and OPC shall purchase and receive, or cause to be received, an amount of Electric Energy equal to the sum of (i) LPM's Share of Participating Member Load in that Interval, plus (ii) LPM's Share of Participating Member Off-System Sales in that Interval, plus (iii) LPM's Share of Participating Member Customer Choice Load in that Interval. This Agreement shall constitute the single agreement under which LPM is obligated to supply at wholesale Electric Energy to serve LPM's Share of Participating Member Load, LPM's Share of Participating Member Customer Choice Load, and LPM's Share of Participating Member Off-System Sales in accordance with the terms hereof, and no further request, schedule or agreement by OPC is needed. (b) The Parties recognize and agree that [**] [ ]* (iii) neither of the foregoing shall entitle LPM to avoid its obligations hereunder or to adjust the LPM Sales Price, except as expressly permitted under the provisions of this Agreement. (c) In lieu of selling or buying Electric Energy, LPM reserves the right to broker Electric Energy from or to Louisville Gas and Electric Company and OPC agrees to accept or supply such Electric Energy pursuant to its Interchange Agreement or other existing contracts with Louisville Gas and Electric Company in complete satisfaction of LPM's obligations hereunder; provided, that any such arrangements shall be performed at a price and under terms and conditions that are the same as those specified herein; and provided, further, that OPC shall have no obligation to participate in any such arrangement unless LPM establishes to OPC's satisfaction that Louisville Gas and Electric Company has all requisite regulatory authorization to perform in accordance with the foregoing.