Common use of Scheduling Related and Discharging Obligations Clause in Contracts

Scheduling Related and Discharging Obligations. (i) To the extent applicable, Seller shall designate Buyer (or an Affiliate of Buyer) as the qualified scheduling entity for the Project (the “Project QSE”) during the Delivery Term. As between Buyer and Seller, Buyer will be responsible for performing the services of a qualified scheduling entity with respect to the Project. (ii) At least 30 days prior to the beginning of testing, Seller shall take all actions necessary to irrevocably authorize or designate Buyer as the Project QSE during the Delivery Term, effective as of the start-up, testing and commissioning of the Project. Seller shall not authorize or designate any other party to act as the Project QSE, nor shall Seller perform the duties of the Project QSE, and Seller shall not revoke Buyer’s authorization to act as the Project QSE unless agreed to by Buyer. (iii) The following Scheduling Procedures shall apply for the Project: (A) For each day during the Delivery Term, Buyer shall, by 12:00 p.m. PPT of the customary WECC Pre-Scheduling Day communicate to Seller’s pre-schedule desk via an Application Program Interface (API) or as directed by Buyer, the expected Charging Energy to be delivered to the Interconnection Point by Buyer and the amount of Discharging Energy the Seller shall discharge and deliver to Buyer each hour at the Delivery Point for the delivery day (“Discharge Request”). (B) For Test Energy, Seller shall, by 5:00 a.m. PPT of the customary WECC Pre-Scheduling Day, communicate to Buyer’s pre-schedule desk via an Application Program Interface (API) or as directed by Buyer, the amount of Test Energy to be delivered each hour at the Delivery Point for the delivery day. (iv) Subject to the Operating Procedures, Buyer may dispatch the Storage Facility for not more than [ ] MWh per Contract Year. In the event Buyer dispatches the Storage Facility for more than [ ] MWh in any Contract Year (or a prorata amount for any partial Contract Year), it shall not be deemed an Event of Default under this Agreement. In such event, Buyer shall pay Seller [$ /MWh) for each additional MWh of discharge. (v) Seller shall timely comply with any instruction received from Buyer or the Transmission Provider with respect to the operation of the Project. If Seller fails to deliver Discharging Energy in accordance with the Scheduling Procedures, which is not excused by Force Majeure or by Buyer’s failure to perform its obligations under this Agreement, Seller shall pay to Buyer for such failure to deliver the in amount of (the “Failure to Deliver Damages”): (A) The replacement cost of the Discharging Energy, calculated by multiplying (x) the amount of Discharging Energy not delivered, by (y) the positive difference, if any, of the Replacement Price for such Discharging Energy less the Contract Price; provided, however, such amount shall not be less than zero dollars ($0.00); plus (B) The cost associated with incremental Capacity Attributes, Environmental Attributes and/or carbon emissions costs borne by the Buyer, which shall equal to the costs incurred by Buyer to procure equivalent, Buyer-approved carbon compliance instruments; plus (C) Any incremental ancillary services costs and transmission costs, which shall equal the actual costs incurred by Buyer for such items; plus (D) Any penalties or fines imposed by a Reliability Entity as a result of Seller’s failure to deliver. (vi) Buyer will have the right to direct the scheduling or other offering of Storage Contract Capacity in connection with any future applicable capacity market, and Seller shall pay to Buyer any amounts received on account of the Project in connection with such capacity market. Seller shall cooperate with Buyer (including the filing of any necessary documents) in order to obtain any such payments. Seller shall only discharge the Storage Facility as directed by a Discharge Request from Buyer. Each Discharge Request will be effective unless and until Buyer modifies such Discharge Request by providing Seller with an updated Discharge Request. If an electronic submittal is not possible for reasons beyond Buyer's control, Buyer may provide Discharge Requests by electronic mail, facsimile transmission or telephonically to Seller's personnel designated in Section 11.1 to receive such communications.

Scheduling Related and Discharging Obligations. (i) To the extent applicable, Seller shall designate Buyer (or an Affiliate of Buyer) as the qualified scheduling entity for the Project (the “Project QSE”) during the Delivery Term. As between Buyer and Seller, Buyer will be responsible for performing the services of a qualified scheduling entity with respect to the Project.Project.‌ (ii) At least 30 days prior to the beginning of testing, Seller shall take all actions necessary to irrevocably authorize or designate Buyer as the Project QSE during the Delivery Term, effective as of the start-up, testing and commissioning of the Project. Seller shall not authorize or designate any other party to act as the Project QSE, nor shall Seller perform the duties of the Project QSE, and Seller shall not revoke Buyer’s authorization to act as the Project QSE unless agreed to by Buyer. (iii) The following Scheduling Procedures shall apply for the Project:Project:‌ (A) For each day during the Delivery Term, Buyer shall, by 12:00 p.m. PPT of the customary WECC Pre-Scheduling Day communicate to Seller’s pre-schedule desk via an Application Program Interface (API) or as directed by Buyer, the expected Charging Energy to be delivered to the Interconnection Point by Buyer and the amount of Discharging Energy the Seller shall discharge and deliver to Buyer each hour at the Delivery Point for the delivery day (“Discharge Request”). (B) For Test Energy, Seller shall, by 5:00 a.m. PPT of the customary WECC Pre-Scheduling Day, communicate to Buyer’s pre-schedule desk via an Application Program Interface (API) or as directed by Buyer, the amount of Test Energy to be delivered each hour at the Delivery Point for the delivery day. (iv) Subject to the Operating Procedures, Buyer may dispatch the Storage Facility for not more than [ ] MWh per Contract Year. In the event Buyer dispatches the Storage Facility for more than [ ] MWh in any Contract Year (or a prorata amount for any partial Contract Year), it shall not be deemed an Event of Default under this Agreement. In such event, Buyer shall pay Seller [$ /MWh) for each additional MWh of discharge. (v) Seller shall timely comply with any instruction received from Buyer or the Transmission Provider with respect to the operation of the Project. If Seller fails to deliver Discharging Energy in accordance with the Scheduling Procedures, which is not excused by Force Majeure or by Buyer’s failure to perform its obligations under this Agreement, Seller shall pay to Buyer for such failure to deliver the in amount of (the “Failure to Deliver Damages”):Damages”):‌ (A) The replacement cost of the Discharging Energy, calculated by multiplying (x) the amount of Discharging Energy not delivered, by (y) the positive difference, if any, of the Replacement Price for such Discharging Energy less the Contract Price; provided, however, such amount shall not be less than zero dollars ($0.00); plus (B) The cost associated with incremental Capacity Attributes, Environmental Attributes and/or carbon emissions costs borne by the Buyer, which shall equal to the costs incurred by Buyer to procure equivalent, Buyer-approved carbon compliance instruments; plus (C) Any incremental ancillary services costs and transmission costs, which shall equal the actual costs incurred by Buyer for such items; plus (D) Any penalties or fines imposed by a Reliability Entity as a result of Seller’s failure to deliver. (vi) Buyer will have the right to direct the scheduling or other offering of Storage Contract Capacity in connection with any future applicable capacity market, and Seller shall pay to Buyer any amounts received on account of the Project in connection with such capacity market. Seller shall cooperate with Buyer (including the filing of any necessary documents) in order to obtain any such payments. Seller shall only discharge the Storage Facility as directed by a Discharge Request from Buyer. Each Discharge Request will be effective unless and until Buyer modifies such Discharge Request by providing Seller with an updated Discharge Request. If an electronic submittal is not possible for reasons beyond Buyer's control, Buyer may provide Discharge Requests by electronic mail, facsimile transmission or telephonically to Seller's personnel designated in Section 11.1 to receive such communications.

Scheduling Related and Discharging Obligations. (i) To the extent applicable, Seller shall designate Buyer (or an Affiliate of Buyer) as the qualified scheduling entity for the Project (the “Project QSE”) during the Delivery Term. As between Buyer and Seller, Buyer will be responsible for performing the services of a qualified scheduling entity with respect to the Project. (ii) At least 30 days prior to the beginning of testing, Seller shall take all actions necessary to irrevocably authorize or designate Buyer as the Project QSE during the Delivery Term, effective as of the start-up, testing and commissioning of the Project. Seller shall not authorize or designate any other party to act as the Project QSE, nor shall Seller perform the duties of the Project QSE, and Seller shall not revoke Buyer’s authorization to act as the Project QSE unless agreed to by Buyer. (iii) The following Scheduling Procedures shall apply for the Project: (A) For each day during the Delivery Term, Buyer shall, by 12:00 p.m. PPT of the customary WECC Pre-Scheduling Day communicate to Seller’s pre-schedule desk via an Application Program Interface (API) or as directed by Buyer, the expected Charging Energy to be delivered to the Interconnection Point by Buyer and the amount of Discharging Energy the Seller shall discharge and deliver to Buyer each hour at the Delivery Point for the delivery day (“Discharge Request”). (B) For Test Energy, Seller shall, by 5:00 a.m. PPT of the customary WECC Pre-Scheduling Day, communicate to Buyer’s pre-schedule desk via an Application Program Interface (API) or as directed by Buyer, the amount of Test Energy to be delivered each hour at the Delivery Point for the delivery day. (iv) Subject to the Operating Procedures, Buyer may dispatch the Storage Facility for not more than [ [___] MWh per Contract Year. In the event Buyer dispatches the Storage Facility for more than [ [___] MWh in any Contract Year (or a prorata amount for any partial Contract Year), it shall not be deemed an Event of Default under this Agreement. In such event, Buyer shall pay Seller [$ $____/MWh) for each additional MWh of discharge. (v) Seller shall timely comply with any instruction received from Buyer or the Transmission Provider with respect to the operation of the Project. If Seller fails to deliver Discharging Energy in accordance with the Scheduling Procedures, which is not excused by Force Majeure or by Buyer’s failure to perform its obligations under this Agreement, Seller shall pay to Buyer for such failure to deliver the in amount of (the “Failure to Deliver Damages”): (A) The replacement cost of the Discharging Energy, calculated by multiplying (x) the amount of Discharging Energy not delivered, by (y) the positive difference, if any, of the Replacement Price for such Discharging Energy less the Contract Price; provided, however, such amount shall not be less than zero dollars ($0.00); plus (B) The cost associated with incremental Capacity Attributes, Environmental Attributes and/or carbon emissions costs borne by the Buyer, which shall equal to the costs incurred by Buyer to procure equivalent, Buyer-approved carbon compliance instruments; plus (C) Any incremental ancillary services costs and transmission costs, which shall equal the actual costs incurred by Buyer for such items; plus (D) Any penalties or fines imposed by a Reliability Entity as a result of Seller’s failure to deliver. (vi) Buyer will have the right to direct the scheduling or other offering of Storage Contract Capacity in connection with any future applicable capacity market, and Seller shall pay to Buyer any amounts received on account of the Project in connection with such capacity market. Seller shall cooperate with Buyer (including the filing of any necessary documents) in order to obtain any such payments. Seller shall only discharge the Storage Facility as directed by a Discharge Request from Buyer. Each Discharge Request will be effective unless and until Buyer modifies such Discharge Request by providing Seller with an updated Discharge Request. If an electronic submittal is not possible for reasons beyond Buyer's control, Buyer may provide Discharge Requests by electronic mail, facsimile transmission or telephonically to Seller's personnel designated in Section 11.1 to receive such communications.

Scheduling Related and Discharging Obligations. (i) To the extent applicable, Seller shall designate Buyer (or an Affiliate of Buyer) as the qualified scheduling entity for the Project (the “Project QSE”) during the Delivery Term. As between Buyer and Seller, Buyer will be responsible for performing the services of a qualified scheduling entity with respect to the Project. (ii) At least 30 days prior to the beginning of testing, Seller shall take all actions necessary to irrevocably authorize or designate Buyer as the Project QSE during the Delivery Term, effective as of the start-up, testing and commissioning of the Project. Seller shall not authorize or designate any other party to act as the Project QSE, nor shall Seller perform the duties of the Project QSE, and Seller shall not revoke Buyer’s authorization to act as the Project QSE unless agreed to by Buyer. (iii) The following Scheduling Procedures shall apply for the Project: (A) For each day during the Delivery Term, Buyer shall, by 12:00 p.m. PPT of the customary WECC Pre-Scheduling Day communicate to Seller’s pre-schedule desk via an Application Program Interface (API) or as directed by Buyer, the expected Charging Energy to be delivered to the Interconnection Point by Buyer and the amount of Discharging Energy the Seller shall discharge and deliver to Buyer each hour at the Delivery Point for the delivery day (“Discharge Request”). (B) For Test Energy, Seller shall, by 5:00 a.m. PPT of the customary WECC Pre-Scheduling Day, communicate to Buyer’s pre-schedule desk via an Application Program Interface (API) or as directed by Buyer, the amount of Test Energy to be delivered each hour at the Delivery Point for the delivery day. (iv) Subject to the Operating Procedures, Buyer may dispatch the Storage Facility for not more than [ ] MWh per Contract Year. In the event Buyer dispatches the Storage Facility for more than [ ] MWh in any Contract Year (or a prorata amount for any partial Contract Year), it shall not be deemed an Event of Default under this Agreement. In such event, Buyer shall pay Seller [$ /MWh) for each additional MWh of discharge. (v) Seller shall timely comply with any instruction received from Buyer or the Transmission Provider with respect to the operation of the Project. If Seller fails to deliver Discharging Energy in accordance with the Scheduling Procedures, which is not excused by Force Majeure or by Buyer’s failure to perform its obligations under this Agreement, Seller shall pay to Buyer for such failure to deliver the in amount of (the “Failure to Deliver Damages”): (A) The replacement cost of the Discharging Energy, calculated by multiplying (x) the amount of Discharging Energy not delivered, by (y) the positive difference, if any, of the Replacement Price for such Discharging Energy less the Contract Price; provided, however, such amount shall not be less than zero dollars ($0.00); plus (B) The cost associated with incremental Capacity Attributes, Environmental Attributes and/or carbon emissions costs borne by the Buyer, which shall equal to the costs incurred by Buyer to procure equivalent, Buyer-approved carbon compliance instruments; plus; (C) Any incremental ancillary services costs and transmission costs, which shall equal the actual costs incurred by Buyer for such items; plus (D) Any penalties or fines imposed by a Reliability Entity as a result of Seller’s failure to deliver. (vi) Buyer will have the right to direct the scheduling or other offering of Storage Contract Capacity in connection with any future applicable capacity market, and Seller shall pay to Buyer any amounts received on account of the Project in connection with such capacity market. Seller shall cooperate with Buyer (including the filing of any necessary documents) in order to obtain any such payments. Seller shall only discharge the Storage Facility as directed by a Discharge Request from Buyer. Each Discharge Request will be effective unless and until Buyer modifies such Discharge Request by providing Seller with an updated Discharge Request. If an electronic submittal is not possible for reasons beyond Buyer's control, Buyer may provide Discharge Requests by electronic mail, facsimile transmission or telephonically to Seller's personnel designated in Section 11.1 to receive such communications.