Excess ZRCs has the meaning specified in Section 3.11(a).
Excess ZRCs in Section 1.1 would become “Replacement Equivalent ZRCs” and “Excess Equivalent ZRCs,” respectively. this Section 3.11(a) by providing ZRCs sourced from resource(s) other than the Facility (“Replacement ZRCs”), Seller may retain any ZRCs awarded for such Planning Year with respect to the Facility up to the amount of Replacement ZRCs so provided to Buyer; provided, further, that, for the avoidance of doubt, if Seller receives any ZRCs so awarded with respect to the Facility in an amount greater than the amount of Replacement ZRCs transferred to Buyer pursuant to this Section 3.11(a) (such excess ZRCs, “Excess ZRCs”), Seller shall immediately notify Buyer and, at Buyer’s option, either (I) transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by Buyer) such quantity of Excess ZRCs or an equal amount of ZRCs sourced from resource(s) other than the Facility as soon as reasonably possible, but in no event later than three
Excess ZRCs in Section 1.1 would become “Replacement Equivalent ZRCs” and “Excess Equivalent ZRCs,” respectively. for such Planning Year if the Delivery Term Commencement Date had occurred (with the Facility achieving Commercial Operation at the Expected Capacity and Storage Expected Capacity) by the deadline for submission of the Facility into the Planning Resource Auction and the Facility was properly submitted into such auction according to Section 4.2, then Seller shall transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by Buyer) such quantity of ZRCs no later than ten (10) Days prior to the commencement of the Planning Resource Auction applicable to such Planning Year; provided, however, that, notwithstanding anything to the contrary in Section 4.2, if Seller satisfies its obligation to provide such ZRCs to Buyer pursuant to this Section 3.11(a) by providing ZRCs sourced from resource(s) other than the Facility (“Replacement ZRCs”), Seller may retain any ZRCs awarded after such obligation is satisfied for such Planning Year with respect to the Facility, up to the amount of Replacement ZRCs so provided to Buyer; provided, further, that, for the avoidance of doubt, if Seller receives any ZRCs so awarded with respect to the Facility in an amount greater than the amount of Replacement ZRCs transferred to Buyer pursuant to this Section 3.11(a) (such excess ZRCs, “Excess ZRCs”), Seller shall immediately notify Buyer and, at Buyer’s option, either (I) transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by Buyer) such quantity of Excess ZRCs or an equal amount of ZRCs sourced from resource(s) other than the Facility as soon as reasonably possible, but in no event later than three (3) Days after Buyer’s election to receive ZRCs pursuant to this clause (I), or (II) pay or credit Buyer an amount equal to the quantity of Excess ZRCs multiplied by the Auction Clearing Price resulting from the Planning Resource Auction for such Planning Year applicable to a ZRC. Seller shall include the amount of any payment or credit pursuant to clause (II) above on the Monthly Invoice for the later of (A) the month in which Buyer elects to receive payment or credit pursuant to clause (II) above and (B) the month in which such Auction Clearing Price is determined and, if applicable, shall pay such amount to Buyer according to Article XI. [In addition, if Seller provides a ZRC Equivalent described in clause (b) of...
More Definitions of Excess ZRCs
Excess ZRCs in Section 1.1 would become “Replacement Equivalent ZRCs” and “Excess Equivalent ZRCs,” respectively. that, for the avoidance of doubt, if Seller receives any ZRCs so awarded with respect to the Facility in an amount greater than the amount of Replacement ZRCs transferred to Buyer pursuant to this Section 3.11(a) (such excess ZRCs, “Excess ZRCs”), Seller shall immediately notify Buyer and, at Buyer’s option, either (I) transfer to Buyer custody of and title to (or, if not possible, the benefit of, as directed by Xxxxx) such quantity of Excess ZRCs or an equal amount of ZRCs sourced from resource(s) other than the Facility as soon as reasonably possible, but in no event later than three