TRANSMISSION AND SCHEDULING; TITLE AND RISK OF LOSS. 43 Section 7.1 In General 43 Section 7.2 Scheduling of Energy 43 Section 7.3 Costs 45 Section 7.4 Curtailment Required by Buyer; Market Curtailment Periods 45 Section 7.5 Curtailment of Seller’s Transmission Services 45 Section 7.6 Title; Risk of Loss 46 ARTICLE VIII GREEN ATTRIBUTES; RPS COMPLIANCE 46 Section 8.1 Transfer of Green Attributes 46 Section 8.2 Reporting of Ownership of Green Attributes 46 Section 8.3 Green Attributes 46 Section 8.4 Use of Accounting System to Transfer Green Attributes 47 Section 8.5 Further Assurances 48 Section 8.6 RPS Compliance 48 Section 8.7 Solar Generating Capacity Serving Parasitic Load 50 ARTICLE IX MAKEUP OF SHORTFALL ENERGY 50 Section 9.1 Makeup of Shortfall 50 Section 9.2 Replacement Energy 50 Section 9.3 Shortfall Liquidated Damages 50 ARTICLE X CAPACITY RIGHTS 51 Section 10.1 Purchase and Sale of Capacity Rights 51 Section 10.2 Representation Regarding Ownership of Capacity Rights 52 Section 10.3 Resource Adequacy Failure 52 ARTICLE XI BILLING; PAYMENT; AUDITS; METERING; POLICIES 53 Section 11.1 Billing and Payment 53 Section 11.2 Calculation of Delivered Energy; Invoices and Payment 53 Section 11.3 Disputed Invoices 55 Section 11.4 Right of Setoff 55 Section 11.5 Records and Audits 55 Section 11.6 Electric Metering Devices 56 Section 11.7 Taxes 57 ARTICLE XII REPRESENTATIONS AND WARRANTIES; COVENANTS OF SELLER 57 Section 12.1 Representations and Warranties of Buyer 57 Section 12.2 Representations, Warranties and Covenants of Seller 58 Section 12.3 Covenant of Seller Related to Investments 62 Section 12.4 Covenants of Seller Related to Tax Equity Financing 62 Section 12.5 Additional Covenants of Seller 62
TRANSMISSION AND SCHEDULING; TITLE AND RISK OF LOSS. Section 7.1 In General. Seller shall arrange and be responsible for any Transmission Services required to deliver Facility Energy or Replacement Energy to the Point of Delivery and shall Schedule or arrange for Scheduling services with its Transmission Providers to deliver the Facility Energy or Replacement Energy to the Point of Delivery. Seller shall have no obligations or liability in respect of Facility Energy or Replacement Energy after the Point of Delivery (as to Transmission Services or otherwise).
TRANSMISSION AND SCHEDULING; TITLE AND RISK OF LOSS. 25 Section 7.1 In General 25 Section 7.2 Reserved 25 Section 7.3 Forecasting 25 Section 7.4 Reserved 25 Section 7.5 No Payment 25 Section 7.6 Title; Risk of Loss 26 Section 7.7 EPS, SB 859 Compliance and SB 859 Feedstock Requirements 26 ARTICLE VIII. SB 859 ATTRIBUTES 28 Section 8.1 Transfer of SB 859 Attributes 28 Section 8.2 Reporting of Ownership of SB 859 Attributes 28 Section 8.3 SB 859 Attributes 28 ARTICLE IX. SB 859 CAPACITY RIGHTS 28 Section 9.1 SB 859 Capacity Rights 28 Section 9.3 Representation Regarding Ownership of SB 859 Capacity Rights 28
TRANSMISSION AND SCHEDULING; TITLE AND RISK OF LOSS. 35 Section 7.1 In General 35 Section 7.2 Costs 36 Section 7.3 Title; Risk of Loss 36 Article VIII ENVIRONMENTAL ATTRIBUTES; EPS AND RPS COMPLIANCE 36 Section 8.1 Transfer of Environmental Attributes 36 Section 8.2 Reporting of Ownership of Environmental Attributes 37 Section 8.3 Environmental Attributes 37 Section 8.4 Use of Accounting System to Transfer Environmental Attributes 37 Section 8.5 Further Assurances 38 Section 8.6 RPS and EPS Compliance 38 Article IX CAPACITY RIGHTS 38 Section 9.1 Purchase and Sale of Capacity Rights 38 Section 9.2 Representation Regarding Ownership of Capacity Rights 38
TRANSMISSION AND SCHEDULING; TITLE AND RISK OF LOSS. 37 Section 7.1 In General 37 Section 7.2 Costs 37 Section 7.3 Title; Risk of Loss 37 ARTICLE VIII ENVIRONMENTAL ATTRIBUTES; EPS AND RPS COMPLIANCE 37 Section 8.1 Transfer of Environmental Attributes 37 Section 8.2 Reporting of Ownership of Environmental Attributes 38 Section 8.3 Environmental Attributes 38 Section 8.4 Use of Accounting System to Transfer Environmental Attributes 38 Section 8.5 Further Assurances 39 Section 8.6 RPS and EPS Compliance 39 ARTICLE IX MAKEUP OF SHORTFALL ENERGY 40 Section 9.1 Shortfall Energy and Makeup 40 Section 9.2 Replacement Energy 40 Section 9.3 Shortfall Liquidated Damages 40 ARTICLE X CAPACITY RIGHTS 41 Section 10.1 Purchase and Sale of Capacity Rights 41 Section 10.2 Representation Regarding Ownership of Capacity Rights 41 Section 10.3 Further Assurances 41
TRANSMISSION AND SCHEDULING; TITLE AND RISK OF LOSS. 41 Section 7.1 In General ........................................................................................... 41 TABLE OF CONTENTS (continued) Page ii #4823-2509-6471v19
TRANSMISSION AND SCHEDULING; TITLE AND RISK OF LOSS. Section 7.1 In General. Seller shall arrange and be responsible for any Transmission Services required to deliver Facility Energy, Shortfall Energy or Replacement Energy to the Point of Delivery, and shall Schedule or arrange for Scheduling services with its Transmission Providers to so deliver the Facility Energy to the Point of Delivery. Buyer shall arrange and be responsible for Transmission Services at and from the Point of Delivery, and shall Schedule or arrange for Scheduling services with its Transmission Providers to receive Facility Energy, Shortfall Energy or Replacement Energy at the Point of Delivery, including, in each case, any services arranged by Seller required to import Energy from facilities owned or controlled by any Transmission Provider on the Seller’s side of each of the Point of Delivery for delivery to the facilities owned or controlled by any Transmission Providers on Buyer’s side of such Point of Delivery. This includes creation by Seller and, as needed, revisions of electronic tags (“e-tags”) associated with such Energy schedules. Seller shall provide additional information as reasonably requested by Buyer on e-tags or as reasonably necessary to facilitate Buyer’s members’ reporting requirements under RPS Law. Each Party shall designate an authorized Scheduler to effectuate the Scheduling of Facility Energy and Replacement Energy.
TRANSMISSION AND SCHEDULING; TITLE AND RISK OF LOSS. Section 7.1 In General. Seller shall arrange for, and shall bear all risks associated with, delivery of all Facility Energy to and from the Point of Delivery, including charges related to control area services, export capability fees, inadvertent energy flows, interconnection costs, transmission losses to and from the Point of Delivery, the transmission of Facility Energy, and transformer crossover fees associated with the transmission of Energy from the on-site substation to and from the Point of Delivery.
TRANSMISSION AND SCHEDULING; TITLE AND RISK OF LOSS. Section 7.1 In General........................................................................................... 33 Section 7.2 Forecasting and Scheduling of Energy .............................................. 34 EXHIBIT C TABLE OF CONTENTS (continued) Page Section 7.3 CAISO Cost Allocation ..................................................................... 36 Section 7.4 [Reserved] ......................................................................................... 37 Section 7.5 Curtailment ........................................................................................ 37 Section 7.6 No Payment........................................................................................ 38 Section 7.7 Title; Risk of Loss.............................................................................. 38 Section 7.8 RPS and EPS Compliance ................................................................. 39
TRANSMISSION AND SCHEDULING; TITLE AND RISK OF LOSS
