Scheduling Coordinator; CAISO Cost Allocation. (a) Through midnight on August 31, 2017, Seller shall continue to perform Scheduling of the Facility Energy and any Replacement Product pursuant to the APX MSA. Commencing as of the Commencement Date, the APX MSA shall terminate and Buyers or Buyers’ designee shall act as Scheduling Coordinator to cause the Scheduling of all Facility Energy, Capacity, and/or Replacement Product at the Point of Delivery, including performing (or causing the performance of) Scheduling and related services, including CAISO SCID Scheduling, Settlement and Payment and Operations Support Services (as defined in the APX MSA). As of the Commencement Date, (i) Buyers shall (or shall cause their applicable designee to) Schedule delivery with the CAISO, and (ii) Buyers shall pay (or charge) the CAISO under the CAISO Tariff for delivery through the CAISO System (such payments or charges to be allocated based on Buyers’ Percentage of Facility Output as set forth in Appendix M). In consideration of the performance of such services, Seller shall, as of the Commencement Date and on an annual basis thereafter, pay Buyers the Scheduling Coordinator Performance Fee. Without limitation to Section 6.1(g) and Section 7.2(c), Buyers shall not be entitled to any additional compensation or reimbursement for any other costs or expenses incurred by Buyers or Buyers’ designee in connection with the performance of such services. (b) In its capacity as Scheduling Coordinator, Buyers, or their designee, shall (i) except as set forth in Section 6.1(g), Section 7.2(a) and Section 7.2(c), be responsible for and shall pay all fees, charges, and costs necessary to Schedule the receipt of Facility Energy and Replacement Product to the Point of Delivery (including CAISO Scheduling Coordinator costs and CAISO charges and penalties including imbalance or deviation charges), and (ii) be entitled to all payments and credits on all Settlement Statements issued by the CAISO with respect to the Facility. (c) Seller shall pay the CAISO Forecasting Service Fee (CC701) (currently an amount equal to $0.10/MWh), and the CAISO Scheduling Coordinator Identification Charge (CC4575) (currently an amount equal to $1,000/month) on all CAISO invoices, as such fees and charges may be adjusted by the CAISO from time to time. Buyers shall offset such amounts that are the responsibility of Seller against amounts owed by Seller to Buyers in the monthly invoice to be delivered by Buyers hereunder. (d) Each Party shall be obligated to either pay to the CAISO or reimburse the other Party for any and all costs or charges under a Settlement Statement incurred by such other Party because of the reimbursing Party’s failure to perform any covenant or obligation set forth in this Agreement. H. The terms “CAISO Integration Amounts” and “CAISO Integration Amounts Cost Cap” are hereby deleted in their entirety from Section 1.1 of the Agreement. Appendix N is hereby also deleted from the Agreement. I. Effective as of 00:01 PPT on September 1, 2017, Section 7.3(a) of the Agreement shall be amended and restated in its entirety as follows:
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Sales Agreement
Scheduling Coordinator; CAISO Cost Allocation. (a) Through midnight on August 31, 2017, Seller shall continue to perform Scheduling of the Facility Energy and any Replacement Product pursuant to the APX MSA. Commencing as of the Commencement Date, the APX MSA shall terminate and Buyers Buyer or Buyers’ Xxxxx’s designee shall act as Scheduling Coordinator to for the Facility and shall Schedule all Energy from the Facility on a day-ahead and real-time basis in accordance with the Scheduling Procedures, this Agreement, and all CAISO and other applicable requirements. Seller shall cause the Facility to have two (2) separate resource IDs with CAISO for Scheduling purposes (one ID for each of the PV System and the XXXX), unless the XXXX is not included as part of the Facility pursuant to Appendix A-2 of this Agreement, in which case the Seller shall cause the Facility to have one (1) resource ID. Buyer shall be financially responsible for all Facility Energycosts, Capacityexpenses, and/or Replacement Product at fees, charges, credits, penalties, sanctions, and other amounts associated with Scheduling the Point Delivered Energy into the CAISO grid, the charging energy from the CAISO grid, and the discharging energy into the CAISO grid, other than any such costs, expenses, fees, charges, credits, penalties, sanctions, and other amounts incurred by Buyer as a result of DeliverySeller’s failure to (a) perform any covenant under this Agreement, including performing (or causing but not limited to the performance of) Scheduling and related services, including CAISO SCID Scheduling, Settlement and Payment and Operations Support Services (as defined in the APX MSA). As failure to provide required notices for outages of the Commencement DateFacility, or Seller’s failure to comply with any curtailment order or any data request or (ib) Buyers shall (or shall cause their applicable designee to) Schedule delivery comply with the CAISO, and (ii) Buyers shall pay (or charge) the CAISO under the any CAISO Tariff for delivery through the CAISO System (such payments or charges to be allocated based on Buyers’ Percentage of Facility Output as set forth in Appendix M). In consideration of the performance of such servicesrequirements, provided, Seller shall, as of the Commencement Date and on an annual basis thereafter, pay Buyers the Scheduling Coordinator Performance Fee. Without limitation to Section 6.1(g) and Section 7.2(c), Buyers shall not be entitled to any additional compensation or reimbursement payments and is responsible for any other costs or expenses incurred by Buyers or Buyers’ designee in connection with the performance of such services.
(b) In its capacity as Scheduling Coordinatorliabilities, Buyerson a pass through basis, or their designee, shall (i) except as set forth in Section 6.1(g), Section 7.2(a) and Section 7.2(c), be responsible for and shall pay all fees, charges, and costs necessary to Schedule the receipt of Facility Energy and Replacement Product to the Point of Delivery (including CAISO Scheduling Coordinator costs and CAISO charges and penalties including imbalance or deviation charges), and (ii) be entitled to all payments and credits on all Settlement Statements issued by the CAISO with respect to the Facility.
(c) under XXXXX’s RAAIM Program. Seller shall pay Buyer for Buyer or Buyer’s designee to act as the CAISO Forecasting Service Fee Scheduling Coordinator One Hundred Thousand Dollars (CC701$100,000) per Contract Year (currently an amount equal to $0.10/MWhadjusted pro rata for the number of days in the first and last Contract Years), and the CAISO Scheduling Coordinator Identification Charge (CC4575) (currently an which amount equal to $1,000/month) on all CAISO invoices, as such fees and charges may be adjusted by the CAISO from time to time. Buyers shall offset such amounts that are the responsibility of Seller against amounts owed by Seller to Buyers in the monthly invoice to be delivered by Buyers hereunder.
(d) Each Party shall be obligated to either pay to increased by two percent (2%) in each Contract Year following the CAISO or reimburse the other Party for any and all costs or charges under a Settlement Statement incurred by such other Party because of the reimbursing Party’s failure to perform any covenant or obligation set forth in this Agreement. H. The terms “CAISO Integration Amounts” and “CAISO Integration Amounts Cost Cap” are hereby deleted in their entirety from Section 1.1 of the Agreement. Appendix N is hereby also deleted from the Agreementfirst Contract Year.
I. Effective as of 00:01 PPT on September 1, 2017, Section 7.3(a) of the Agreement shall be amended and restated in its entirety as follows:
Appears in 1 contract
Samples: Power Sales Agreement
Scheduling Coordinator; CAISO Cost Allocation. (a) Through midnight on August 31, 2017, Seller shall continue to perform Scheduling of the Facility Energy and any Replacement Product pursuant to the APX MSA. Commencing as of the Commencement Date, the APX MSA shall terminate and Buyers or Buyers’ Seller’s designee shall act as Scheduling Coordinator to cause the Scheduling of all Facility Energy, Capacity, and/or Energy and Replacement Product to and at the Point of Delivery, including performing (or causing the performance of) Scheduling and related services, including CAISO SCID Scheduling, Settlement and Payment and Operations Support Services (as defined in the APX MSA). As of the Commencement DateAccordingly, (i) Buyers Seller shall (or shall cause their applicable designee to) Schedule schedule delivery with the CAISO, and (ii) Buyers shall pay (or charge) the CAISO will pay Seller under the CAISO Tariff for delivery through the CAISO System (such payments or charges to be allocated based on Buyers’ Percentage of Facility Output as set forth in Appendix M). In consideration of the performance of such services, Seller shall, as of the Commencement Date and on an annual basis thereafter, pay Buyers the Scheduling Coordinator Performance Fee. Without limitation to Section 6.1(g) and Section 7.2(c), Buyers shall not be entitled to any additional compensation or reimbursement for any other costs or expenses incurred by Buyers or Buyers’ designee in connection with the performance of such servicessystem.
(b) In its capacity as Scheduling Coordinator, Buyers, or their designee, Seller shall (i) except as set forth in Section 6.1(g), Section 7.2(a7.2(c) and Section 7.2(c7.2(d), be responsible for and shall pay all (A) fees, charges, and costs necessary to Schedule the receipt of Facility Energy and Replacement Product to the Point of Delivery (including CAISO Scheduling Coordinator costs and CAISO charges and penalties including imbalance or deviation charges)) and (B) CAISO Integration Amounts, up to the amount of the CAISO Integration Amounts Cost Cap, and (ii) be entitled to all payments and credits on all Settlement Statements issued by the CAISO with respect to the Facility.
(c) Seller shall pay provide each Buyer with an annual report of CAISO - 42 - #4823-2509-6471v19 Integration Amounts. In the event that CAISO Integration Amounts exceed the CAISO Forecasting Service Fee (CC701) (currently an amount equal Integration Amounts Cost Cap, each Buyer shall be obligated to $0.10/MWh), and pay or reimburse Seller for all CAISO Integration Amounts in excess of the CAISO Scheduling Coordinator Identification Charge Integration Amounts Cost Cap proportionately based upon Buyers’ Percentage of Facility Output. Seller shall promptly notify each Buyer of such charges in a manner that is sufficient to allow any Buyer to timely request that Seller dispute with the CAISO those charges on behalf of that Buyer (CC4575and to the extent that Seller reasonably incurs costs during the course of such dispute above and beyond any CAISO dispute costs that Seller would otherwise have incurred, such costs shall be at Buyers’ expense) (currently an amount equal that any Buyer or Seller believe to $1,000/month) be incorrect and disputable under the CAISO Tariff. Seller shall provide Buyers with all documentation reasonably necessary to support such dispute. The obligation of each Buyer to reimburse Seller for its proportionate share based on the Buyers’ Percentage of Facility Output of CAISO Integration Amounts in excess of the cap shall still apply during the pendency of a dispute if Seller has actually incurred such CAISO Integration Amounts, provided that if some or all of such CAISO invoices, as such fees and charges may be adjusted Integration Amounts are reimbursed to Seller by the CAISO from time upon resolution of the dispute, Seller shall promptly pay the amount so reimbursed to time. Buyers shall offset such amounts that are the responsibility each Buyer proportionately in accordance with Buyers’ Percentage of Seller against amounts owed by Seller to Buyers in the monthly invoice to be delivered by Buyers hereunderFacility Output.
(d) Each Party Buyer shall be obligated to either pay to the CAISO or reimburse the other Party Seller for any and all costs or charges under a Settlement Statement incurred by such other Party Seller because of the reimbursing Partysuch Buyer’s failure to perform any covenant or obligation set forth in this Agreement. H. The terms “CAISO Integration Amounts” and “CAISO Integration Amounts Cost Cap” are hereby deleted in their entirety from Section 1.1 of the Agreement. Appendix N is hereby also deleted from the Agreement.
I. Effective as of 00:01 PPT on September 1, 2017, Section 7.3(a) of the Agreement shall be amended and restated in its entirety as follows:
Appears in 1 contract
Samples: Power Sales Agreement
