Common use of Termination by CAISO Clause in Contracts

Termination by CAISO. Subject to Section 5.2, the CAISO reserves the right to suspend or terminate this Agreement in the event the CAISO reasonably determines that the Pseudo-Tie established under this Agreement poses a risk to System Reliability or the risk of a violation of Applicable Reliability Criteria, unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement, by giving immediate notice of suspension or thirty (30) days advance written notice of termination. Additionally, the CAISO may terminate this Agreement by giving written notice of termination in the event that the Native Balancing Authority provides notice to the CAISO of its withdrawal from its agreement with the CAISO to participate in the Pseudo-Tie arrangement or the Participating Generator commits any material default under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given the Participating Generator written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement. With respect to any notice of termination or default given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default or termination to the Participating Generator; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default or termination to the Participating Generator, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Termination by CAISO. Subject to Section 5.2, the CAISO reserves the right to suspend or terminate this Agreement in the event the CAISO reasonably determines that the Pseudo-Tie established under this Agreement poses a risk to System Reliability or the risk of a violation of Applicable Reliability Criteria, unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement, by giving immediate notice of suspension or thirty (30) days advance written notice of termination. Additionally, the The CAISO may terminate this Agreement by giving written notice of termination pursuant to Section 29.1(d) of the CAISO Tariff or in the event that (i) the Native Balancing Authority provides notice to the CAISO of its withdrawal from its agreement with the CAISO to participate in the PseudoEIM Sub-Tie arrangement or the Participating Generator Entity commits any material default under this Agreement and/or or Section 29 of the CAISO Tariff whichthat, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given the Participating Generator EIM Sub-Entity written notice of the default, unless the default is excused by reason of Uncontrollable Forces in accordance with Article X IX of this Agreement, or (ii) the EIM Entity for the Balancing Authority Area in which the EIM Sub-Entity is located terminates participation in the EIM. With respect to any notice of termination or default given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, FERC or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: if (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default or termination to the Participating Generatordefault; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, termination or thirty (30) days after the date of the CAISO’s notice of default or termination to the Participating Generatordefault, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Termination by CAISO. Subject to Section 5.2, the CAISO reserves the right to suspend or terminate this Agreement in In the event the CAISO reasonably determines that the Pseudo-Tie established under this Agreement poses a risk to System Reliability or the risk of a violation of Applicable Reliability Criteria, unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement, by giving immediate notice of suspension or thirty (30) days advance written notice of termination. Additionally, the CAISO may terminate this Agreement by giving written notice of termination in the event that the Native Balancing Authority provides notice to the CAISO of its withdrawal from its agreement with the CAISO to participate in the Pseudo-Tie arrangement or the Participating Generator RC Customer commits any material default under this Agreement and/or the CAISO Tariff Agreement, which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given the Participating Generator written notice to the RC Customer of the default, unless excused by reason the CAISO may terminate this Agreement at any time upon thirty (30) days prior written notice of Uncontrollable Forces in accordance with Article X termination. For avoidance of doubt, if the CAISO terminates the Agreement under this Section 3.2.1 prior to expiration of the Initial Term, the RC Customer will still be required to pay the RC Service Charge for the remainder of the Initial Term. Any outstanding financial right or obligation or any other obligation under the CAISO Tariff of the RC Customer that has arisen while that RC Customer was receiving services under this Agreement, and any provision of this AgreementAgreement necessary to give effect to such right or obligation, will survive until satisfied. With respect to any notice of termination or default given pursuant to this Section, the CAISO must timely file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default or termination to the Participating Generator; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001default. This Agreement shall will terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default or termination to the Participating Generator, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Termination by CAISO. Subject to Section 5.2, the CAISO reserves the right to suspend or terminate this Agreement in the event the CAISO reasonably determines that the Pseudo-Tie established under this Agreement poses a risk to System Reliability or the risk of a violation of Applicable Reliability Criteria, unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement, by giving immediate notice of suspension or thirty (30) days advance written notice of termination. Additionally, the CAISO may terminate this Agreement by giving written notice of termination in the event that the Native Balancing Authority provides notice to the CAISO of its withdrawal from its agreement with the CAISO to participate in the Pseudo-Tie arrangement or the Participating Generator Demand Response Provider commits any material default under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given given, to the Participating Generator Demand Response Provider, written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement; provided, however, that any outstanding financial right or obligation or any other obligation under the CAISO Tariff of the Demand Response Provider that has arisen while the Demand Response Provider was submitting Bids for Proxy Demand Resources, and any provision of this Agreement necessary to give effect to such right or obligation, shall survive until satisfied. With respect to any notice of termination or default given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default or termination to the Participating Generatordefault; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default or termination to the Participating Generatordefault, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Termination by CAISO. Subject to Section 5.2Article V, the CAISO reserves the right to suspend or may terminate this Agreement by giving written notice to the Convergence Bidding Entity of termination in the event the CAISO reasonably determines that the Pseudo-Tie established Convergence Bidding Entity commits any material default under this Agreement poses a risk and/or the CAISO Tariff as it pertains to System Reliability or this Agreement which, if capable of being remedied, is not remedied within the risk time frame specified in the CAISO Tariff after the CAISO has given written notice of a violation the material default to the Convergence Bidding Entity. The CAISO will not terminate this Agreement if the material default of Applicable Reliability Criteria, unless the Convergence Bidding Entity is excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement, by giving immediate notice of suspension Agreement or thirty (30) days advance written notice of termination. Additionally, if the CAISO may terminate this Agreement by giving written notice agrees, in writing, to an extension of termination in the event that the Native Balancing Authority provides notice time to the CAISO of its withdrawal from its agreement with the CAISO to participate in the Pseudo-Tie arrangement remedy such material default. Any outstanding financial right or the Participating Generator commits obligation or any material default other obligation under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given the Participating Generator written notice of the defaultScheduling Coordinator that represents the Convergence Bidding Entity that has arisen while that Scheduling Coordinator was submitting Virtual Bids, unless excused by reason of Uncontrollable Forces in accordance with Article X and any provision of this AgreementAgreement necessary to give effect to such right or obligation, shall survive until satisfied. With respect to any notice of termination or default given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, met and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default or termination to the Participating Generatordefault; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default or termination to the Participating Generatordefault, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Termination by CAISO. Subject to Section 5.2, the CAISO reserves the right to suspend or terminate this Agreement in the event the CAISO reasonably determines Upon notice that the Pseudo-Tie established under this Agreement poses a risk to System Reliability or agency relationship between all of the risk of a violation of Applicable Reliability Criteriaaggregated MSS Operators and the CRR Entity Agent has terminated, unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement, by giving immediate including any notice of suspension or thirty (30) days advance written notice of termination. Additionallythat the MSSAA has terminated, the CAISO may terminate this Agreement by giving written notice to the CRR Entity Agent of termination. Further, subject to Article V, the CAISO may terminate this Agreement by giving written notice to the CRR Entity Agent of termination in the event that the Native Balancing Authority provides notice to the CAISO of its withdrawal from its agreement with the CAISO to participate in the Pseudo-Tie arrangement or the Participating Generator CRR Entity Agent commits any material default under this Agreement and/or the CAISO Tariff as it pertains to this Agreement which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given given, to the Participating Generator CRR Entity Agent, written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article X of this AgreementAgreement or unless the CAISO agrees, in writing, to an extension of the time to remedy such material default. With respect to any notice of termination or default given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, met and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default or termination to the Participating Generatordefault; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default or termination to the Participating Generatordefault, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Termination by CAISO. Subject to Section 5.2, the CAISO reserves the right to suspend or terminate this Agreement in the event the CAISO reasonably determines that the Pseudo-Tie established under this Agreement poses a risk to System Reliability or the risk of a violation of Applicable Reliability Criteria, unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement, by giving immediate notice of suspension or thirty (30) days advance written notice of termination. Additionally, the CAISO may terminate this Agreement by giving written notice of termination in the event that the Native Balancing Authority provides notice to the CAISO of its withdrawal from its agreement with the CAISO to participate in the Pseudo-Tie arrangement or the Participating Generator Demand Response Provider commits any material default under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given given, to the Participating Generator Demand Response Provider, written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement; provided, however, that any outstanding financial right or obligation or any other obligation under the CAISO Tariff of the Demand Response Provider that has arisen while the Demand Response Provider was submitting Bids for Proxy Demand Resources, or Reliability Demand Response Resources and any provision of this Agreement necessary to give effect to such right or obligation, shall survive until satisfied. With respect to any notice of termination or default given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default or termination to the Participating Generatordefault; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default or termination to the Participating Generatordefault, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.