Scheduling and Operating RequirementsEntity Agreement Clause Samples

Scheduling and Operating RequirementsEntity Agreement. Pursuant to Section 6.11.5 of the Electric Service Contract, the Authority will designate Service Contract. (a) The Customer agrees to maintain rates, fees and charges for the sale or use of ▇▇▇▇▇▇ Capacity and, ▇▇▇▇▇▇ Energy, and ▇▇▇▇▇▇ C Energy purchased hereunder, as allowed by the appropriate regulatory authority, if any, which, together with other available funds, shall provide to the Customer revenues sufficient to meet its obligations to the Authority under this Contract and the obligations of the Customer, if any, which are equal to or superior to its obligations under this Contract. Nothing herein shall be deemed to require the Customer to satisfy its obligations under this Contract from any source which would result in a violation of any statutory or constitutional provisions. (b) Except as noted in Sections 7 and, 8 and 13(b), the Customer shall not sell, transfer, exchange or otherwise dispose of any of the ▇▇▇▇▇▇ Capacity and, ▇▇▇▇▇▇ Energy, and ▇▇▇▇▇▇ C Energy made available to the Customer hereunder other than for resale to its customers in the Customer’s service area or its own use, unless such sale, transfer, exchange or other disposition is approved by the Authority. Such approval shall be in the sole discretion of the Authority and not unreasonably withheld. Subject to the Authority’s approval, which approval shall not be unreasonably withheld, the Customer may participate in arrangements addressed in Section 8 that allow the Customer to ultimately receive the benefit of the Customer’s Allocation. (c) The Customer shall not sell or otherwise dispose of all or substantially all of its business or utilities operations from which it derives revenues to satisfy its obligations to the Authority under this Contract except on ninety (90) days prior written notice to the Authority and, in any event, shall not so sell or otherwise dispose of the same unless all of the following conditions are met: (i) the Customer shall assign this Contract and its rights and interest hereunder to the purchaser of its business or utilities operations and such purchaser shall assume all obligations of the Customer under this Contract; (ii) if and to the extent necessary to reflect such assignment and assumption, the Authority and such purchaser shall enter into an agreement supplemental to this Contract to clarify the terms on which ▇▇▇▇▇▇ Capacity and ▇▇▇▇▇▇ Energy is to be sold hereunder by the Authority to such purchaser; (iii) the Authority shall by resolution...