Common use of Seller’s Obligations With Respect to Substitute Capacity Clause in Contracts

Seller’s Obligations With Respect to Substitute Capacity. If Buyer makes a request under Section 3.9(a), then after such request, Buyer may provide Seller with three (3) Business Days’ prior notice for the Substitute Capacity and Seller shall (i) make such Substitute Capacity available to Buyer during the applicable Showing Month to allow Buyer to utilize the substitution rules in Section 40.9.4.2.1 of the Tariff (“Substitution Rules”); and (ii) take, or cause each Unit’s SC to take, all action to allow Buyer to utilize the Substitution Rules, including, but not limited to, ensuring that the Substitute Capacity will qualify for substitution under the Substitution Rules applicable to the Unit and providing Buyer with all information needed to utilize the Substitution Rules. Seller agrees that with respect to all Substitute Capacity that is utilized under the Substitution Rules, Seller shall either schedule or cause the Unit’s SC to schedule with, or make available to, the CAISO such Substitute Capacity, as if the capacity had been included on the Supply Plan, in compliance with and subject to the Tariff, and shall perform all, or cause the Unit’s SC, owner, or operator, as applicable, to perform all obligations under the Tariff and comply with all Applicable Laws, in each case that are associated with such Substitute Capacity.

Seller’s Obligations With Respect to Substitute Capacity. If Buyer makes a request under Section 3.9(a), then after such request, Buyer may will provide Seller with three (3) Business Days’ prior notice for Notice indicating the amount and type of Substitute Capacity requested by Buyer and Seller shall (i) make such Substitute Capacity available to Buyer during the applicable Showing Month Month; (ii) provide timely approval to allow Buyer CAISO of Buyer’s request to utilize use Substitute Capacity in the substitution rules in Section 40.9.4.2.1 of the Tariff (“Substitution Rules”)applicable CAISO systems; and (iiiii) take, or cause each Unit’s SC to take, all action to allow Buyer to utilize the Substitution Rules or Replacement Rules, as applicable, including, but not limited to, ensuring that the Substitute Capacity will qualify for substitution or replacement under the Substitution Substitution/Replacement Rules applicable to the Unit and providing Buyer with all information needed to utilize the Substitution Rulessuch rules. Seller agrees that with respect to all Substitute Capacity that is utilized under the Substitution Substitution/Replacement Rules, Seller shall either bid or schedule or cause the Unit’s SC to bid or schedule with, or make available to, the CAISO such Substitute Capacity, as if the capacity had been included on the Supply Plan, in compliance with and subject to the Tariff, and shall perform all, or cause the Unit’s SC, owner, or operator, as applicable, to perform all obligations under the Tariff and comply with all Applicable Laws, in each case that are associated with such Substitute Capacity.