Common use of Termination by Xxxxx Clause in Contracts

Termination by Xxxxx. In the event the RC Customer commits any material default under this Agreement, which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given written notice to the RC Customer of the default, the CAISO may terminate this Agreement at any time upon thirty (30) days prior written notice of 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 Agreement necessary to give effect to such right or obligation, will survive until satisfied. With respect to any notice of termination given pursuant to this Section, the CAISO must timely file a notice of termination 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: 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. This Agreement will terminate upon acceptance by FERC of such a notice of 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.

Appears in 3 contracts

Samples: Reliability Coordinator Services Agreement, Reliability Coordinator Services Agreement, Reliability Coordinator Services Agreement

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Termination by Xxxxx. In the event the RC Customer commits any material default under this Agreement, which, if capable of being remedied, is not remedied within thirty (3030sixty (60) days after the CAISO has given written notice to the RC Customer of the default, the CAISO may terminate this Agreement at any time upon thirty (30) days prior written notice of termination, provided the notice of termination incorporates a transition plan for the RC Customer to transition to a new Reliability Coordinator to ensure that the termination of this Agreement results in no harm to the Western grid. The CAISO shall inform all RC Customers at the time it sends written notice of termination to any RC Customer. 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 Agreement necessary to give effect to such right or obligation, will survive until satisfied. With respect to any notice of termination given pursuant to this Section, the CAISO must file a notice of termination with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. . 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. Term and the HANA services charge, if applicable.. 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 Agreement necessary to give effect to such right or obligation, will survive until satisfied. With respect to any notice of termination given pursuant to this Section, the CAISO must timely file a notice of termination 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: 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. This Agreement will terminate upon acceptance by FERC of such a notice of 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.

Appears in 2 contracts

Samples: Reliability Coordinator Services Agreement, Reliability Coordinator Services Agreement

Termination by Xxxxx. In Upon 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 RC Customer CRR Entity Agent commits any material default under this Agreement, 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 CRR Entity Agent, written notice to the RC Customer of the default, the CAISO may terminate this Agreement at any time upon thirty (30) days prior written notice unless excused by reason of 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 Uncontrollable Forces in accordance with Article X of this Agreement necessary or unless the CAISO agrees, in writing, to give effect an extension of the time to remedy such right or obligation, will survive until satisfiedmaterial default. With respect to any notice of termination 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, 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 will 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 default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 2 contracts

Samples: Entity Agent Agreement, Entity Agent Agreement

Termination by Xxxxx. In The CAISO may terminate this Agreement by giving written notice of termination pursuant to Section 33.1 of the CAISO Tariff or in the event the RC Customer that (i) [Short Legal Name] commits any material default under this Agreement, whichAgreement or Section 33 of the CAISO Tariff that, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given [Short Legal Name] written notice to the RC Customer of the default, unless the CAISO may terminate this Agreement at any time upon thirty (30) days prior written notice default is excused by reason of termination. For avoidance Uncontrollable Forces in accordance with Article IX 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 Agreement necessary to give effect to such right or obligation, will survive until satisfied(ii) the EDAM Entity for the Balancing Authority Area in which [Short Legal Name] is located terminates participation in the CAISO’s Extended Day-Ahead Market. With respect to any notice of termination given pursuant to this Section, the CAISO must timely file a timely notice of termination 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 will shall terminate upon acceptance by FERC of such a notice of termination, termination or thirty (30) days after the date of the CAISO’s notice of default default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 2 contracts

Samples: Implementation Agreement, Implementation Agreement

Termination by Xxxxx. In Subject to Section 105.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that (i) the RC Customer EDAM Load Serving Entity commits any material default under this Agreement, 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 EDAM Load Serving Entity, written notice to the RC Customer of the default, the CAISO may terminate this Agreement at any time upon thirty (30) days prior written notice unless excused by reason of termination. For avoidance Uncontrollable Forces in accordance with Article IX 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 Agreement necessary to give effect to such right or obligation, will survive until satisfied(ii) the EDAM Entity for the Balancing Authority Area in which the EDAM Load Serving Entity is located terminates participation in the CAISO’s Extended Day-Ahead Market. With respect to any notice of termination 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 (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement will 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 default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 2 contracts

Samples: Entity Agreement, Entity Agreement

Termination by Xxxxx. In 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 RC Customer EIM Sub-Entity commits any material default under this Agreement, whichAgreement or Section 29 of the CAISO Tariff that, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given the EIM Sub-Entity written notice to the RC Customer of the default, unless the CAISO may terminate this Agreement at any time upon thirty (30) days prior written notice default is excused by reason of termination. For avoidance Uncontrollable Forces in accordance with Article IX 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 Agreement necessary to give effect to such right or obligation, will 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 timely file a timely notice of termination 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 will shall terminate upon acceptance by FERC of such a notice of termination, termination or thirty (30) days after the date of the CAISO’s notice of default default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 1 contract

Samples: Sub Entity Agreement

Termination by Xxxxx. In the event the RC Customer commits any material default under [A2]under this Agreement, which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given written notice to the RC Customer of the default, the CAISO may terminate this Agreement at any time upon thirty sixtythirty (30630) days prior days’ [A3]prior written notice of termination. CAISO shall inform all RC Customers at the time it sends written notice of termination to any RC Customer. 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 Agreement necessary to give effect to such right or obligation, will survive until satisfied. With respect to any notice of termination given pursuant to this Section, the CAISO must timely file a notice of termination 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: 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. This Agreement will terminate upon acceptance by FERC of such a notice of 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.

Appears in 1 contract

Samples: Reliability Coordinator Services Agreement

Termination by Xxxxx. In Subject to Article V, the CAISO may terminate this Agreement by giving written notice to the Convergence Bidding Entity of termination in the event that the RC Customer Convergence Bidding Entity commits any material default under this Agreement, 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 written notice of the material default to the RC Customer of the default, the Convergence Bidding Entity. The CAISO may will not terminate this Agreement at any time upon thirty (30) days prior written notice if the material default of termination. For avoidance the Convergence Bidding Entity is excused by reason of doubt, Uncontrollable Forces in accordance with Article X of this Agreement or if the CAISO terminates the Agreement under this Section 3.2.1 prior agrees, in writing, to expiration an extension of the Initial Term, the RC Customer will still be required time to pay the RC Service Charge for the remainder of the Initial Termremedy such material default. Any outstanding financial right or obligation or any other obligation under the CAISO Tariff of the RC Customer Scheduling Coordinator that represents the Convergence Bidding Entity that has arisen while that RC Customer Scheduling Coordinator was receiving services under this Agreementsubmitting Virtual Bids, and any provision of this Agreement necessary to give effect to such right or obligation, will shall survive until satisfied. With respect to any notice of termination 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, 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 will 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 default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 1 contract

Samples: Bidding Entity Agreement

Termination by Xxxxx. In the event the RC Customer commits any material default under this Agreement, which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given written notice to the RC Customer of the default, the CAISO may terminate this Agreement at any time upon thirty (30) days prior written notice of 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 Agreement necessary to give effect to such right or obligation, will survive until satisfied. With respect to any notice of termination given pursuant to this Section, the CAISO must timely file a notice of termination 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: 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. This Agreement will terminate upon acceptance by FERC of such a notice of 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.thirty

Appears in 1 contract

Samples: Reliability Coordinator Services Agreement

Termination by Xxxxx. In the event the RC Customer commits any material default under this Agreement, which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given written notice to the RC Customer of the default, the CAISO may terminate this Agreement at any time upon thirty (30) days prior written notice of 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 Any[A5] 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 Agreement necessary to give effect to such right or obligation, will survive until satisfied. With respect to any notice of termination given pursuant to this Section, the CAISO must timely file a notice of termination 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: 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. This Agreement will terminate upon acceptance by FERC of such a notice of 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.thirty

Appears in 1 contract

Samples: Reliability Coordinator Services Agreement

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Termination by Xxxxx. In Subject to Section 5.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that the RC Customer Demand Response Provider commits any material default under this Agreement, 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 Demand Response Provider, written notice to the RC Customer of the default, the CAISO may terminate unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement at Agreement; provided, however, that any time upon thirty (30) days prior written notice of 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 Demand Response Provider that has arisen while that RC Customer the Demand Response Provider was receiving services under this Agreementsubmitting 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, will shall survive until satisfied. With respect to any notice of termination 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 (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement will 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 default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 1 contract

Samples: Demand Response Provider Agreement

Termination by Xxxxx. In Subject to Section 5.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that (i) the RC Customer EDAM Load Serving Entity commits any material default under this Agreement, 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 EDAM Load Serving Entity, written notice to the RC Customer of the default, the CAISO may terminate this Agreement at any time upon thirty (30) days prior written notice unless excused by reason of termination. For avoidance Uncontrollable Forces in accordance with Article IX 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 Agreement necessary to give effect to such right or obligation, will survive until satisfied. (ii) the EDAM Entity for the Balancing Authority Area in which the EDAM Load Serving Entity is located terminates participation in the CAISO’s Extended Day-Ahead Market.. With respect to any notice of termination 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 (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement will 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 default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 1 contract

Samples: Entity Agreement

Termination by Xxxxx. In Subject to Section 10.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that (i) the RC Customer EDAM Load Serving Entity commits any material default under this Agreement, Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given written notice to the RC Customer of the default, the CAISO may terminate this Agreement at any time upon thirty (30) days prior written notice unless excused by reason of termination. For avoidance Uncontrollable Forces in accordance with Article IX 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 Agreement necessary to give effect to such right or obligation, will survive until satisfied(ii) the EDAM Entity for the Balancing Authority Area in which the EDAM Load Serving Entity is located terminates participation in the CAISO’s Extended Day-Ahead Market. With respect to any notice of termination 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 (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement will 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 default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 1 contract

Samples: Serving Entity Agreement

Termination by Xxxxx. In 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 the RC Customer that (i) [Short Legal Name] commits any material default under this Agreement, whichAgreement or Section 29 of the CAISO Tariff that, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given [Short Legal Name] written notice to the RC Customer of the default, unless the CAISO may terminate this Agreement at any time upon thirty (30) days prior written notice default is excused by reason of termination. For avoidance Uncontrollable Forces in accordance with Article IX 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 Agreement necessary to give effect to such right or obligation, will 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 timely file a timely notice of termination 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 will shall terminate upon acceptance by FERC of such a notice of termination, termination or thirty (30) days after the date of the CAISO’s notice of default default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

Appears in 1 contract

Samples: Energy Imbalance Market Sub

Termination by Xxxxx. In Subject to Section 5.2, the CAISO reserves the right to suspend or terminate this Agreement in the event the RC Customer 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, 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 to the RC Customer of the default, the CAISO may terminate this Agreement at any time upon thirty (30) days prior written notice unless excused by reason of termination. For avoidance Uncontrollable Forces in accordance with Article X 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 Agreement 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 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 will 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.

Appears in 1 contract

Samples: Participating Generator Agreement

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