Common use of Use of Accounting System to Transfer Environmental Attributes Clause in Contracts

Use of Accounting System to Transfer Environmental Attributes. In‌ furtherance and not in limitation of Section 8.3, Seller shall use WREGIS or any WREGIS successor system to evidence the transfer of any Environmental Attributes considered RECs under applicable law or any voluntary program (“WREGIS Certificates”), associated with SCPPA Facility Energy (or Replacement Energy, as applicable) in accordance with WREGIS reporting protocols, and as such shall register the Facility (or with respect to a facility from which Replacement Energy is generated, ensure such facility is registered) with WREGIS. At Buyer’s option, Seller shall (i) transfer WREGIS Certificates using the Forward Certificate Transfer method, as described in WREGIS Operating Rules, from Seller’s WREGIS account to up to three WREGIS accounts, as designated by Buyer, or (ii) retire said WREGIS Certificates into Seller’s WREGIS Retirement sub-account on behalf of Seller’s requirements (if any); provided, however, that Seller must initially select to use either option (i) or (ii) thirty (30) days prior to delivering any Energy to the respective Points of Delivery, provided further, if option (i) is selected, Buyer may change to option (ii) at the beginning of any calendar year during the Agreement Term upon thirty (30) days’ advance written notice. If option (ii) is selected, then Buyer shall provide Seller the number and vintage of MWh of WREGIS Certificates to be retired by providing written notice to Seller not later than thirty (30) days prior to the desired retirement date. Seller shall be responsible for the WREGIS expenses associated with registering the Facility, maintaining its account, WREGIS Certificate issuance fees, and transferring WREGIS Certificates to Buyer or Buyer’s Agent, or any other designees, and Buyer shall be responsible for the WREGIS expenses associated with maintaining its account, or the accounts of its designees, if any, and subsequent transferring or retiring of WREGIS Certificates, or Seller’s fees for the retirement of WREGIS Certificates on behalf of Buyer. Forward Certificate Transfers will occur monthly based on the certificate creation time-line established by the WREGIS Operating Rules. As of the Effective Date, the certificate creation time line is established as not later than ninety (90) days following the end of each month. For example, for MWhs generated in January 2009, the certificates will be created in WREGIS not later than April 30, 2009. Seller shall be responsible for, at its expense, validating and disputing data with WREGIS prior to certificate creation each month. In the event that WREGIS is not in operation, or WREGIS does not track Seller’s transfer of WREGIS Certificates to Buyer, Buyer’s Agent, or its designees for purposes of any RECs attributed, accrued, realized, generated, produced, recognized or validated relative to the SCPPA Facility Energy, or Replacement Energy, as applicable, or Buyer chooses not to use WREGIS for any reason, Seller shall document the production and transfer of RECs under this Agreement by delivering to Buyer, within the time periods and in the manner specified by Buyer, an attestation for the RECs produced by the Facility or the Replacement Energy, as applicable, measured in whole MWh, or by such other method as Buyer shall designate.

Use of Accounting System to Transfer Environmental Attributes. In‌ In furtherance and not in limitation of Section 8.3, Seller shall use WREGIS or any WREGIS successor system to evidence the transfer of any Environmental Attributes considered RECs under applicable law or any voluntary program (“WREGIS Certificates”), ) associated with SCPPA Facility Energy (or Replacement Energy, as applicable) Energy in accordance with WREGIS reporting protocols, protocols and as such shall register the each Facility (or with respect to a facility from which Replacement Energy is generated, ensure such facility is registered) with WREGIS. At After a Facility is registered with WREGIS, at Buyer’s option, Seller shall (i) transfer WREGIS Certificates using the Forward Certificate Transfer method, as described in WREGIS Operating Rules, from Seller’s WREGIS account to up to three WREGIS accounts, as designated by Buyer, or (ii) retire said WREGIS Certificates into Seller’s WREGIS Retirement sub-account on behalf of Seller’s requirements (if any); provided, however, that Seller must Buyer shall initially select to use either option (i) or (ii) thirty (30) days prior to delivering Seller’s delivery of any Facility Energy to the respective Points of Delivery, and, provided further, if option option (i) is selected, Buyer may change to option (ii) at the beginning of any calendar year during the Agreement Delivery Term upon thirty (30) days’ days advance written notice. If option (ii) is selected, then Buyer shall provide Seller the number and vintage of MWh of WREGIS Certificates to be retired by providing written notice to Seller not later than thirty (30) days prior to the desired retirement date. Seller shall be responsible for the WREGIS expenses associated with registering the each Facility, maintaining its account, WREGIS Certificate issuance fees, and transferring WREGIS Certificates to Buyer or Buyer, Buyer’s Agent, or any other designees, and Buyer shall be responsible for the WREGIS expenses associated with maintaining its account, or the accounts of its designees, if any, and subsequent transferring or retiring of WREGIS Certificates, or Seller’s fees for the retirement of WREGIS Certificates on behalf of Buyer. Forward Certificate Transfers will shall occur monthly based on the certificate creation time-line established by the WREGIS Operating Rules. As of the Effective Date, the certificate creation time line is established as not later than ninety (90) days following the end of each month. For example, for MWhs generated in January 2009, the certificates will be created in WREGIS not later than April 30, 2009. Seller shall be responsible for, at its expense, validating and disputing data with WREGIS prior to certificate WREGIS Certificate creation each month. In the event that WREGIS is not in operation, or WREGIS does not track Seller’s transfer of WREGIS Certificates to Buyer, Buyer’s Agent, or its designees for purposes of any RECs attributed, accrued, realized, generated, produced, recognized or validated relative to the SCPPA Energy from a Facility Energy, or Replacement Energy, as applicable, or Buyer chooses not to use WREGIS for any reason, Seller shall document the production and transfer of RECs under this Agreement by delivering to Buyer, within the time periods and in the manner specified by Buyer, Buyer an attestation for the RECs produced by the Facility each Facility, or the Replacement Energy, as applicable, measured in whole MWh, or by such other method as Buyer shall designate. Buyer shall take all necessary actions to facilitate the transfer or retirement of Environmental Attributes as provided above, including accepting any transfer requests made by Seller through WREGIS in accordance with the foregoing.

Use of Accounting System to Transfer Environmental Attributes. In‌ In furtherance and not in limitation of Section 8.3, Seller shall use WREGIS or any WREGIS successor system to evidence the transfer of any Environmental Attributes considered RECs under applicable law or any voluntary program (“WREGIS Certificates”), ) associated with SCPPA Facility Energy (or Replacement Energy, as applicable) Energy in accordance with WREGIS reporting protocols, protocols and as such shall register the Facility (or with respect to a facility from which Replacement Energy is generated, ensure such facility is registered) with WREGIS. At After the Facility is registered with WREGIS, at Buyer’s option, Seller shall to the extent permissible under WREGIS rules (i) transfer WREGIS Certificates using the Forward Certificate Transfer method, as described in WREGIS Operating Rules, from Seller’s WREGIS account to up to three WREGIS accounts, as designated by Buyer, or (ii) retire said WREGIS Certificates into Seller’s WREGIS Retirement sub-account on behalf of Seller’s requirements (if any); provided, however, that Seller must Buyer shall initially select to use either option (i) or (ii) thirty (30) days prior to delivering Seller’s delivery of any Facility Energy to the respective Points Point of Delivery, and, provided further, if option option (i) is selected, Buyer may change to option (ii) at the beginning of any calendar year during the Agreement Term upon thirty (30) days’ days advance written notice. If option (ii) is selected, then Buyer shall provide Seller the number and vintage of MWh of WREGIS Certificates to be retired by providing written notice to Seller not later than thirty (30) days prior to the desired retirement date. Seller shall be responsible for the WREGIS expenses associated with registering the Facility, maintaining its account, WREGIS Certificate issuance fees, and transferring WREGIS Certificates to Buyer or Buyer’s Agent, or any other designees, and Buyer shall be responsible for the WREGIS expenses associated with maintaining its account, or the accounts of its designees, if any, and subsequent transferring or retiring of WREGIS Certificates, or Seller’s fees for the retirement of WREGIS Certificates on behalf of Buyer. Forward Certificate Transfers will shall occur monthly based on the certificate creation time-time- line established by the WREGIS Operating Rules. As of the Effective Date, the certificate creation time line is established as not later than ninety (90) days following the end of each month. For example, for MWhs generated in January 2009, the certificates will be created in WREGIS not later than April 30, 2009. Seller shall be responsible for, at its expense, validating and disputing data with WREGIS prior to certificate WREGIS Certificate creation each month. In the event that WREGIS is not in operation, or WREGIS does not track Seller’s transfer of WREGIS Certificates to Buyer, Buyer’s Agent, or its designees for purposes of any RECs attributed, accrued, realized, generated, produced, recognized or validated relative to the SCPPA Facility Energy, Energy or Replacement Energy, as applicable, or Buyer chooses not to use WREGIS for any reason, Seller shall document the production and transfer of RECs under this Agreement by delivering to Buyer, within the time periods and in the manner specified by Buyer, Buyer an attestation for the RECs produced by the Facility Facility, or the Replacement Energy, as applicable, measured in whole MWh, or by such other method as Buyer shall designate. If any of the foregoing is or becomes inconsistent with the WREGIS rules, the Parties shall reasonably cooperate to amend the foregoing procedures in a manner reasonably requested by Buyer consistent with the then effective WREGIS rules.

Use of Accounting System to Transfer Environmental Attributes. In‌ In furtherance and not in limitation of Section 8.3, Seller shall use WREGIS or any WREGIS successor system to evidence the transfer of any Environmental Attributes considered RECs under applicable law or any voluntary program (“WREGIS Certificates”), ) associated with SCPPA Facility Energy (or Replacement Energy, as applicable) Output in accordance with WREGIS reporting protocols, protocols and as such shall register the Facility (or with respect to a facility from which Replacement Energy is generated, ensure such facility is registered) with WREGIS. At After the Facility is registered with WREGIS, at Buyer’s option, Seller shall (i) transfer WREGIS Certificates using the Forward Certificate Transfer method, as described in WREGIS Operating Rules, from Seller’s WREGIS account to up to three WREGIS accounts, as designated by Buyer, or (ii) retire said WREGIS Certificates into Seller’s WREGIS Retirement sub-account on behalf of Seller’s requirements (if any); provided, however, that Seller must Buyer shall initially select to use either option (i) or (ii) thirty (30) days prior to delivering Seller’s delivery of any Facility Energy to the respective Points Point of Delivery, and, provided further, if option option (i) is selected, Buyer may change to option (ii) at the beginning of any calendar year during the Agreement Delivery Term upon thirty (30) days’ days advance written notice. If option (ii) is selected, then Buyer shall provide Seller the number and vintage of MWh of WREGIS Certificates to be retired by providing written notice to Seller not later than thirty (30) days prior to the desired retirement date. Seller shall be responsible for the WREGIS expenses associated with registering the Facility, maintaining its account, WREGIS Certificate issuance fees, and transferring WREGIS Certificates to Buyer or Buyer’s Agent, Buyer’s Members, or any other designees, and Buyer shall be responsible for the WREGIS expenses associated with maintaining its account, or the accounts of its designees, if any, and subsequent transferring or retiring of WREGIS Certificates, or Seller’s fees for the retirement of WREGIS Certificates on behalf of Buyer. Forward Certificate Transfers will shall occur monthly based on the certificate creation time-line established by the WREGIS Operating Rules. As of the Effective Date, the certificate creation time line is established as not later than ninety (90) days following the end of each month. For example, for MWhs generated in January 2009, the certificates will be created in WREGIS not later than April 30, 2009. Seller shall be responsible for, at its expense, validating and disputing data with WREGIS prior to certificate WREGIS Certificate creation each month. In the event that WREGIS is not in operation, or WREGIS does not track Seller’s transfer of WREGIS Certificates to Buyer, Buyer’s Agent, or its designees for purposes of any RECs attributed, accrued, realized, generated, produced, recognized or validated relative to the SCPPA Facility Energy, or Replacement Energy, as applicableEnergy from the Facility, or Buyer chooses not to use WREGIS for any reason, Seller shall document the production and transfer of RECs under this Agreement by delivering to Buyer, within the time periods and in the manner specified by Buyer, Buyer an attestation for the RECs produced by the Facility or the Replacement Energy, as applicableFacility, measured in whole MWh, or by such other method as Buyer shall designate. Buyer shall take all necessary actions to facilitate the transfer or retirement of Environmental Attributes as provided above, including accepting any transfer requests made by Seller through WREGIS in accordance with the foregoing.

Use of Accounting System to Transfer Environmental Attributes. In‌ In furtherance and not in limitation of Section 8.39.3, Seller shall use WREGIS or any WREGIS successor system to evidence the transfer of any Environmental Attributes considered RECs under applicable law or any voluntary program (“WREGIS Certificates”), associated with SCPPA Facility Energy (or Replacement Energy, as applicable) Energy in accordance with WREGIS reporting protocols, and as such shall register the Facility (or with respect to a facility from which Replacement Energy is generated, ensure such facility is registered) with WREGIS. At After the Facility is registered with WREGIS, at Buyer’s option, Seller shall (i) transfer WREGIS Certificates using the Forward Certificate Transfer method, as described in WREGIS Operating Rules, from Seller’s WREGIS account to up to three WREGIS accounts, as designated by Buyer, or (ii) retire said WREGIS Certificates into Seller’s WREGIS Retirement sub-account on behalf of Seller’s requirements (if any); provided, however, that Seller must initially select to use either option (i) or (ii) thirty (30) days prior to delivering any Energy to the respective Points Point of Delivery, provided and, provided, further, if option option (i) is selected, Buyer may change to option (ii) at the beginning of any calendar year during the Agreement Term upon thirty (30) days’ days advance written notice. If option (ii) is selected, then Buyer shall provide Seller the number and vintage of MWh of WREGIS Certificates to be retired by providing written notice to Seller not later than thirty (30) days prior to the desired retirement date. Seller shall be responsible for the WREGIS expenses associated with registering the Facility, maintaining its account, WREGIS Certificate issuance fees, and transferring WREGIS Certificates to Buyer or Buyer’s Agent, or any other designees, and Buyer shall be responsible for the WREGIS expenses associated with maintaining its account, or the accounts of its designees, if any, and subsequent transferring or retiring of WREGIS Certificates, or Seller’s fees for the retirement of WREGIS Certificates on behalf of Buyer. Forward Certificate Transfers will occur monthly based on the certificate creation time-line established by the WREGIS Operating Rules. As of the Effective Date, the certificate creation time line is established as not later than ninety (90) days following the end of each month. For example, for MWhs generated in January 20092010, the certificates will be created in WREGIS not later than April 30, 20092010. Seller shall be responsible for, at its expense, validating and disputing data with WREGIS prior to certificate creation each month. In the event that WREGIS is not in operation, or WREGIS does not track Seller’s transfer of WREGIS Certificates to Buyer, Buyer’s Agent, or its designees for purposes of any RECs attributed, accrued, realized, generated, produced, recognized or validated relative to the SCPPA Facility Energy, Energy or Replacement Energy, as applicable, or Buyer chooses not to use WREGIS for any reason, Seller shall document the production and transfer of RECs under this Agreement by delivering to Buyer, within the time periods and in the manner specified by Buyer, Buyer an attestation for the RECs produced by the Facility Facility, or the Replacement Energy, as applicable, measured in whole MWh, or by such other method as Buyer shall designate.

Use of Accounting System to Transfer Environmental Attributes. In‌ In furtherance and not in limitation of Section 8.3, prior to Seller’s first delivery of Facility Energy hereunder, Seller shall use register with WREGIS (or any WREGIS successor system system) to evidence the transfer of any Environmental Attributes considered RECs under applicable law or any voluntary program (“WREGIS Certificates”), ) associated with SCPPA Facility Energy (or Replacement Energy, as applicable) Energy in accordance with WREGIS reporting protocols, protocols and as such WREGIS Operating Rules and shall register the Facility (or with respect to a facility from which Replacement Energy is generated, ensure such facility is registered) with WREGIS. At Buyer’s optionAfter the Facility is registered with WREGIS, Seller shall (i) transfer WREGIS Certificates using the Forward Certificate Transfer method, as described in WREGIS Operating Rules, from Seller’s WREGIS account to up to not more than three (3) WREGIS accounts, as designated by Buyer, or (ii) retire said WREGIS Certificates into Seller’s WREGIS Retirement sub-account on behalf of Seller’s requirements (if any); provided, however, that Seller must initially select to use either option (i) or (ii) thirty (30) days prior to delivering any Energy to the respective Points of Delivery, provided further, if option (i) is selected, Buyer may change to option (ii) at the beginning of any calendar year during the Agreement Term upon thirty (30) days’ advance written notice. If option (ii) is selected, then Buyer shall provide Seller the number and vintage of MWh of WREGIS Certificates to be retired by providing written notice to Seller not later than thirty (30) days prior to the desired retirement dateAuthorized Representative. Seller shall be responsible for the WREGIS Certificate issuance fees and WREGIS expenses associated with registering the Facility, maintaining its account, WREGIS Certificate issuance feesacquiring and arranging for a Qualified Reporting Entity (“QRE”) and any applicable QRE agreements, and transferring WREGIS Certificates to Buyer or Buyer, Buyer’s AgentAuthorized Representative, or any other designees, and . Buyer shall be responsible for the WREGIS expenses associated with maintaining its account, or the accounts of its designees, if any, and subsequent transferring or retiring by it of WREGIS Certificates, or Seller’s fees for the retirement of WREGIS Certificates on behalf of Buyer. Forward Certificate Transfers will occur monthly based on the certificate creation time-line established by the WREGIS Operating Rules. As of the Effective Date, the certificate creation time line is established as not later than ninety (90) days following the end of each month. For example, for MWhs generated in January 2009, the certificates will be created in WREGIS not later than April 30, 2009. Seller shall be responsible for, at its expense, validating and disputing data with WREGIS prior to certificate WREGIS Certificate creation each monthMonth. In the event that WREGIS is not in operation, or WREGIS does not track Seller’s transfer of WREGIS Certificates to Buyer, Buyer’s Agent, Authorized Representative or its designees for purposes of any RECs attributed, accrued, realized, generated, produced, recognized or validated relative to the SCPPA Facility Energy, Energy or Replacement Energy, as applicableif any, or Buyer chooses not to use WREGIS for any reason, Seller shall document the production and transfer of RECs under this Agreement by delivering to Buyer, within the time periods and in the manner specified by Buyer, Buyer an attestation in substantially the form attached as Appendix D for the RECs produced by the associated with Facility Energy, or the Replacement Energy, as applicableif any, measured in whole MWh, or by such other method as Buyer shall designate.

Use of Accounting System to Transfer Environmental Attributes. In‌ In furtherance and not in limitation of Section 8.3, Seller shall use WREGIS or any WREGIS successor system to evidence the transfer of any Environmental Attributes considered RECs Renewable Energy Credits under applicable law or any voluntary program (“WREGIS Certificates”), ) associated with SCPPA Facility Energy (or Replacement Energy, as applicable) Energy in accordance with WREGIS reporting protocols, protocols and as such shall register the Facility (or with respect to a facility from which Replacement Energy is generated, ensure such facility is registered) with WREGIS. At After the Facility is registered with WREGIS, at Buyer’s option, Seller shall to the extent permissible under WREGIS rules (i) transfer WREGIS Certificates using the Forward Certificate Transfer method, as described in WREGIS Operating Rules, from Seller’s WREGIS account to up to three WREGIS accounts, as designated by Buyer, or (ii) retire said WREGIS Certificates into Seller’s WREGIS Retirement sub-account on behalf of Seller’s requirements (if any); provided, however, that Seller must Buyer shall initially select to use either option (i) or (ii) thirty (30) days prior to delivering Seller’s delivery of any Facility Energy to the respective Points Point of Delivery, and, provided further, if option option (i) is selected, Buyer may change to option (ii) at the beginning of any calendar year during the Agreement Term upon thirty (30) days’ advance written notice. If option (ii) is selected, then Buyer shall provide Seller the number and vintage vintage‌ of MWh of WREGIS Certificates to be retired by providing written notice to Seller not later than thirty (30) days prior to the desired retirement date. Seller shall be responsible for the WREGIS expenses associated with registering the Facility, maintaining its account, WREGIS Certificate issuance fees, and transferring WREGIS Certificates to Buyer or Buyer’s AgentAuthorized Representative, or any other designees, and Buyer shall be responsible for the WREGIS expenses associated with maintaining its account, or the accounts of its designees, if any, and subsequent transferring or retiring of WREGIS Certificates, or Seller’s and any fees of Seller for the retirement of WREGIS Certificates on behalf of Buyer. Forward Certificate Transfers will shall occur monthly based on the certificate creation time-line established by the WREGIS Operating Rules. As of the Effective Date, the certificate creation time line is established as not later than ninety (90) days following the end of each month. For example, for MWhs generated in January 2009, the certificates will be created in WREGIS not later than April 30, 2009. Seller shall be responsible for, at its expense, validating and disputing data with WREGIS prior to certificate WREGIS Certificate creation each month. In the event that WREGIS is not in operation, or WREGIS does not track Seller’s transfer of WREGIS Certificates to Buyer, Buyer’s AgentAuthorized Representative, or its designees for purposes of any RECs Renewable Energy Certificates attributed, accrued, realized, generated, produced, recognized or validated relative to the SCPPA Facility Energy, Energy or Replacement Energy, as applicable, or Buyer chooses not to use WREGIS for any reason, Seller shall document the production and transfer of RECs Renewable Energy Certificates under this Agreement by delivering to Buyer, within the time periods and in the manner specified by Buyer, Buyer an attestation for the RECs Renewable Energy Certificates produced by the Facility Facility, or the Replacement Energy, as applicable, measured in whole MWh, or by such other method as Buyer shall designate. If any of the foregoing is or becomes inconsistent with the WREGIS rules, the Parties shall reasonably cooperate to amend the foregoing procedures in a manner reasonably requested by Buyer consistent with the then-effective WREGIS rules.

Use of Accounting System to Transfer Environmental Attributes. In‌ In furtherance and not in limitation of Section 8.3, Seller shall use WREGIS or any WREGIS successor system to evidence the transfer of any Environmental Attributes considered RECs under applicable law laws or any voluntary program (“WREGIS Certificates”), associated with SCPPA Facility Energy (or Replacement Energy, as applicable) in accordance with WREGIS reporting protocols, protocols and as such shall register cause the Facility (or with respect to a facility from which Replacement Energy is generated, ensure such facility is registered) remain registered with WREGIS. At After the Commencement Date, at the option of Buyer’s optionAuthorized Representative, Seller shall (i) transfer WREGIS Certificates associated with Buyer’s Share of Facility Energy (subject to Section 6.2 and Section 7.4(d)) and Replacement Energy using the Forward Certificate Transfer method, as described in WREGIS Operating Rules, from Seller’s WREGIS account (or, with respect to Replacement Energy, from a third party’s WREGIS account) to up to three WREGIS accounts, as designated by Buyer, or (ii) retire said WREGIS Certificates into Seller’s WREGIS Retirement sub-account on behalf of Seller’s requirements (if any); provided, however, that Seller must initially select to use either option (i) or (ii) thirty (30) days prior to delivering any Energy to the respective Points of Delivery, provided further, if option (i) is selected, Buyer may change to option (ii) at the beginning of any calendar year during the Agreement Term upon thirty (30) days’ advance written notice. If option (ii) is selected, then Buyer shall provide Seller the number and vintage of MWh of WREGIS Certificates to be retired by providing written notice to Seller not later than thirty (30) days prior to the desired retirement dateAuthorized Representative. Seller shall be responsible for the WREGIS expenses associated with registering maintaining registration of the Facility, maintaining its account, WREGIS Certificate issuance fees, fees and transferring WREGIS Certificates to Buyer or Buyer’s Agent, or any other designees, and Buyer shall be responsible for the WREGIS expenses associated with maintaining its account, or the accounts of its designees, if any, and subsequent transferring or retiring by it of WREGIS Certificates, or . Buyer is not a QRE as defined by the WREGIS Operating Rules for Seller’s fees for the retirement of WREGIS Certificates on behalf of Buyer. Forward Certificate Transfers will shall occur monthly based on the certificate creation time-line timeline established by the WREGIS Operating Rules. As of the Effective Date, the certificate creation time line is established as not later than ninety (90) days following the end of each month. For example, for MWhs generated in January 2009, the certificates will be created in WREGIS not later than April 30, 2009. Seller shall be responsible for, at its expense, validating and disputing data with WREGIS prior to certificate WREGIS Certificate creation each month. In the event that WREGIS is not in operation, or WREGIS does not track Seller’s transfer of WREGIS Certificates to Buyer, Buyer’s Agent, Agent or its Buyer’s designees for purposes of any RECs Environmental Attributes attributed, accrued, realized, generated, produced, recognized or validated relative to the SCPPA Buyer’s Share of Facility Energy, Energy or Replacement Energy, as applicable, or Buyer chooses not to use WREGIS for any reason, Seller shall document the production and transfer of RECs Environmental Attributes under this Agreement by delivering to Buyer, within the time periods and in the manner specified by Buyer, Buyer an attestation for the RECs produced by the Environmental Attributes associated with Buyer’s Share of Facility Energy or the Replacement Energy, as applicable, measured in whole MWh, or by such other method as Buyer or Buyer’s Authorized Representative shall designate. If any of the foregoing is or becomes inconsistent with the WREGIS rules, the Parties shall reasonably cooperate to amend the foregoing procedures in a manner reasonably requested by Buyer consistent with the then effective WREGIS rules.

Use of Accounting System to Transfer Environmental Attributes. In‌ In furtherance and not in limitation of Section 8.3, Seller shall use WREGIS or any WREGIS successor system to evidence the transfer of any Environmental Attributes considered RECs under applicable law or any voluntary program (“WREGIS Certificates”), ) associated with SCPPA Facility Energy (or Replacement Energy, as applicable) Energy in accordance with WREGIS reporting protocols, protocols and as such shall register the Facility (or with respect to a facility from which Replacement Energy is generated, ensure such facility is registered) with WREGIS. At After the Facility is registered with WREGIS, at Buyer’s option, Seller shall (i) transfer WREGIS Certificates using the Forward Certificate Transfer method, as described in WREGIS Operating Rules, from Seller’s WREGIS account to up to three WREGIS accounts, as designated by Buyer, or (ii) retire said WREGIS Certificates into Seller’s WREGIS Retirement sub-account on behalf of Seller’s requirements (if any); provided, however, that Seller must Buyer shall initially select to use either option (i) or (ii) thirty (30) days prior to delivering Seller’s delivery of any Facility Energy to the respective Points Point of Delivery, and, provided further, if optionoption‌‌ (i) is selected, Buyer may change to option (ii) at the beginning of any calendar year during the Agreement Term upon thirty (30) days’ days advance written notice. If option (ii) is selected, then Buyer shall provide Seller the number and vintage of MWh of WREGIS Certificates to be retired by providing written notice to Seller not later than thirty (30) days prior to the desired retirement date. Seller shall be responsible for the WREGIS expenses associated with registering the Facility, maintaining its account, WREGIS Certificate issuance fees, and transferring WREGIS Certificates to Buyer or Buyer’s Agent, or any other designees, and Buyer shall be responsible for the WREGIS expenses associated with maintaining its account, or the accounts of its designees, if any, and subsequent transferring or retiring of WREGIS Certificates, or Seller’s fees for the retirement of WREGIS Certificates on behalf of Buyer. Forward Certificate Transfers will shall occur monthly based on the certificate creation time-line established by the WREGIS Operating Rules. As of the Effective Date, the certificate creation time line is established as not later than ninety (90) days following the end of each month. For example, for MWhs generated in January 2009, the certificates will be created in WREGIS not later than April 30, 2009. Seller shall be responsible for, at its expense, validating and disputing data with WREGIS prior to certificate WREGIS Certificate creation each month. In the event that WREGIS is not in operation, or WREGIS does not track Seller’s transfer of WREGIS Certificates to Buyer, Buyer’s Agent, or its designees for purposes of any RECs attributed, accrued, realized, generated, produced, recognized or validated relative to the SCPPA Energy from the Facility Energy, or Replacement Energy, as applicable, or Buyer chooses not to use WREGIS for any reason, Seller shall document the production and transfer of RECs under this Agreement by delivering to Buyer, within the time periods and in the manner specified by Buyer, Buyer an attestation for the RECs produced by the Facility Facility, or the Replacement Energy, as applicable, measured in whole MWh, or by such other method as Buyer shall designate. Buyer shall take all necessary actions to facilitate the transfer or retirement of Environmental Attributes as provided above, including accepting any transfer requests made by Seller through WREGIS in accordance with the foregoing.