Common use of Seller’s Duty to Provide Replacement Capacity Clause in Contracts

Seller’s Duty to Provide Replacement Capacity. If Seller is unable to provide the Contract Quantity for any Showing Month, and is required to provide Replacement Capacity pursuant to Sections 3.2 or 3.3, as applicable, then: Seller shall, at no cost to Buyer, provide Buyer with Replacement Capacity from one or more Replacement Units, such that the total amount of Product provided to Buyer from all Units and Replacement Units equals the Contract Quantity, and; Seller shall notify Buyer of the non-availability of any portion of the Contract Quantity and identify Replacement Units no later than fifteen (15) Business Days before the relevant deadline for Buyer's Compliance Showings. provided that the designation of any Replacement Unit by Seller shall be subject to Buyer’s prior written approval, which shall not be unreasonably withheld. Once Seller has identified in writing any Replacement Units that meet the requirements of this Section 5.1 and Buyer has approved the designation of the Replacement Unit, then any such Replacement Unit shall be deemed a Unit for purposes of this Confirmation for that Showing Month. Notwithstanding anything to the contrary in this Confirmation, failure to properly provide Replacement Capacity, including Seller’s obligation to identify Replacement Units no later than fifteen (15) Business Days before the relevant deadline for Buyer's Compliance Showings, may result in the calculation of damages payable to Buyer under Section 5.2 and/or the indemnification of Buyer against any penalties, fines or costs under Section 5.3.

Seller’s Duty to Provide Replacement Capacity. If Seller is unable to provide the Contract Quantity from any Unit(s) for any Showing Month, day in any Monthly Delivery Period and Replacement Capacity is required to provide Replacement Capacity pursuant to Sections 3.2 or 3.3, as applicableunder Section 3.2, then: Seller shall notify Buyer of the non-availability of any portion of the Contract Quantity from any Unit(s) and identify Replacement Unit(s), (i) no later than fifteen (15) Business Days before the relevant deadline for Buyer's RAR Showing and/or Local RAR Showing, or (ii) if, after the relevant deadline for Buyer’s RAR Showing and/or Local RAR Showing, such non-availability is prompted by XXXXX’s then applicable replacement requirement for Planned Outages, no later than two (2) calendar days following Seller’s receipt of notice from the CAISO, and; Seller shall, (i) at no cost to Buyer, provide Buyer with Replacement Capacity from one or more Replacement Units, such that the total amount of Product provided to Buyer from all Units and Replacement Units equals the Contract Seller’s Firm Quantity, and; and (ii) Seller shall notify Buyer of the non-availability of any portion of the Contract Quantity and identify Replacement Units no later than fifteen within five (155) Business Days before calendar days of the relevant deadline for Buyer's Compliance Showingsnotice provided by Buyer in Section 5.1(a) above. provided that the designation of any Replacement Unit by Seller shall be subject to Buyer’s prior written approval, which shall not be unreasonably withheld. Once Seller has identified in writing any Replacement Units that meet the requirements of this Section 5.1 5.1, and Buyer has approved the designation of the Replacement Unit, then any such Replacement Unit shall be deemed a Unit for purposes of this Confirmation for that Showing Monthday in any Monthly Delivery Period. Notwithstanding anything to the contrary in this Confirmation, Seller’s failure to properly provide Replacement Capacity, including Seller’s obligation to identify Replacement Units no later than fifteen (15) Business Days before within the relevant deadline for Buyer's Compliance Showingsnotice deadlines specified in this Section 5.1, may result in the calculation of damages payable to Buyer under Section 5.2 and/or the indemnification of Buyer against any penalties, fines or costs under Section 5.35.3 and Section 11.

Seller’s Duty to Provide Replacement Capacity. If Seller is unable to provide the Contract Quantity for any Showing Month, and is required to provide Replacement Capacity pursuant to Sections 3.2 or 3.3Section 3.2, as applicable, then: Seller shall, at no cost to Buyer, provide Buyer with Replacement Capacity from one or more Replacement UnitsImport Resources with the same Resource Top Down Category, Delivery Point, and CAISO Branch Group as the Import Resources described in Appendix A, such that the total amount of Product provided to Buyer from all Units Import Resources and Replacement Units Import Resources equals the Contract Quantity, and; Seller shall notify Buyer of the non-availability of any portion of the Contract Quantity and identify Replacement Units Import Resources no later than fifteen (15) Business Days before the relevant deadline for Buyer's Compliance Showings. provided that the designation of any Replacement Unit Import Resource by Seller shall be subject to Buyer’s prior written approval, which shall not be unreasonably withheld. Once Seller has identified in writing any Replacement Units Import Resources that meet the requirements of this Section 5.1 and Buyer has approved the designation of the Replacement UnitImport Resource, then any such Replacement Unit Import Resource shall be deemed a Unit an Import Resource for purposes of this Confirmation for that Showing Month. Notwithstanding anything to the contrary in this Confirmation, failure to properly provide Replacement Capacity, including Seller’s obligation to identify Replacement Units Import Resources no later than fifteen (15) Business Days before the relevant deadline for Buyer's Compliance Showings, may result in the calculation of damages payable to Buyer under Section 5.2 and/or the indemnification of Buyer against any penalties, fines or costs under Section 5.3.

Seller’s Duty to Provide Replacement Capacity. If Seller is unable to provide the Contract Quantity for any Showing MonthMonth by delivery of the Product pursuant to Section 3.5, and is required to provide Replacement Capacity pursuant to Sections 3.2 or 3.3Section 3.2, as applicable, then: Seller shall, at no cost to Buyer, provide Buyer with Replacement Capacity from one or more Replacement UnitsImport Resources with the same Resource Category, Delivery Point, and CAISO Branch Group as the Import Resources described in Appendix A, such that the total amount of Product provided to Buyer from all Units Import Resources and Replacement Units Import Resources equals the Contract Quantity, and; Seller shall notify Buyer of the non-availability of any portion of the Contract Quantity and identify Replacement Units Import Resources no later than fifteen (15) Business Days before the relevant deadline for Buyer's Compliance Showings. ; provided that the designation of any Replacement Unit Import Resource by Seller shall be subject to Buyer’s prior written approval, which shall not be unreasonably withheld. Once Seller has identified in writing any Replacement Units Import Resources that meet the requirements of this Section 5.1 and Buyer has approved the designation of the Replacement UnitImport Resource, then any such Replacement Unit Import Resource shall be deemed a Unit an Import Resource for purposes of this Confirmation for that Showing Month. Notwithstanding anything to the contrary in this Confirmation, failure to properly provide Replacement Capacity, including Seller’s obligation to identify Replacement Units Import Resources no later than fifteen (15) Business Days before the relevant deadline for Buyer's Compliance Showings, may result in the calculation of damages payable to Buyer under Section 5.2 and/or the indemnification of Buyer against any penalties, fines or costs under Section 5.3.