Common use of Termination by CAISO Clause in Contracts

Termination by CAISO. Subject to Section 5.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that the 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, to the 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 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 (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 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 Demand Response Provider 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, to given the Demand Response Provider, Participating Generator 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 defaultdefault 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 ofof termination, if filed with FERC, or thirty

Termination by CAISO. Subject to Section 5.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that the Demand Response Distributed Energy Resource 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, to the Demand Response Distributed Energy Resource 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 Distributed Energy Resource Provider that has arisen while the Demand Response Distributed Energy Resource Provider was submitting Bids for Proxy Demand ResourcesDistributed Energy Resource Aggregation(s), 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 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 (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 by CAISO. Subject to Section 5.2Article V, the CAISO may terminate this Agreement by giving written notice to the Convergence Bidding Entity of termination in the event that the Demand Response Provider Convergence Bidding Entity 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 the time frame specified in the CAISO Tariff after the CAISO has given, to the Demand Response Provider, given written notice of the default, unless material default to the Convergence Bidding Entity. The CAISO will not terminate this Agreement if the material default of the Convergence Bidding Entity is excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement; providedAgreement or if the CAISO agrees, howeverin writing, that any to an extension of the time to remedy such material default. Any outstanding financial right or obligation or any other obligation under the CAISO Tariff of the Demand Response Provider Scheduling Coordinator that represents the Convergence Bidding Entity that has arisen while the Demand Response Provider that Scheduling Coordinator was submitting Bids for Proxy Demand ResourcesVirtual Bids, 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 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 (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 ofof termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, 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 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 the Demand Response Provider (i) [Short Legal Name] 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, to the Demand Response Provider, given [Short Legal Name] written notice of the default, unless the default is excused by reason of Uncontrollable Forces in accordance with Article X IX 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(ii) the EIM Entity for the Balancing Authority Area in which [Short Legal Name] is located terminates participation in the EIM. With respect to any notice of termination 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 (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 ofof termination or thirty (30) days after the date of the CAISO’s notice of default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Termination by CAISO. Subject to Section 5.2Upon notice that the agency relationship between all of the aggregated MSS Operators and the CRR Entity Agent has terminated, including any notice that 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 Demand Response Provider 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, to the Demand Response ProviderCRR Entity Agent, 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 Agreement or obligation or any other obligation under unless the CAISO Tariff agrees, in writing, to an extension 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 time to give effect to remedy such right or obligation, shall survive until satisfiedmaterial default. With respect to any notice of termination 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 (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 ofof termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, 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 may terminate this Agreement by giving written notice to the CRR Entity of termination in the event that the Demand Response Provider CRR Entity 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, to the Demand Response ProviderCRR Entity, 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 Agreement or obligation or any other obligation under unless the CAISO Tariff agrees, in writing, to an extension 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 time to give effect to remedy such right or obligation, shall survive until satisfiedmaterial default. With respect to any notice of termination 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 (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 ofof termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, 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 may terminate this Agreement by giving written notice of termination in the event that the 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, to the 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 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 (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 ofof termination, if filed with FERC, or thirty

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 Demand Response Provider 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, to given the Demand Response Provider, Participating Generator 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 defaultdefault 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 ofof 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 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 Demand Response Provider EIM Sub-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, to given the Demand Response Provider, 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; 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(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 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 (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 ofof termination or thirty (30) days after the date of the CAISO’s notice of default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.