Capacity Attributes. Seller shall request Full Capacity Deliverability Status in the CAISO generator interconnection process. As between Buyer and Seller, Seller shall be responsible for the cost and installation of any Network Upgrades associated with obtaining such Full Capacity Deliverability Status.
Capacity Attributes. In accordance with and subject to the terms and conditions of this Agreement, commencing on the Initial Delivery Date and continuing through the end of the Term, Seller shall deliver to TVA, and TVA shall receive from Seller, any and all right, title, and interest in and to all Capacity Attributes available with respect to the Energy Output.
Capacity Attributes. Any actions required for Seller to comply with its obligations set forth in the first paragraph above, the cost of which will be included in the Compliance Expenditure Cap, shall be referred to collectively as the “Compliance Actions.”
Capacity Attributes. (a) Prior to the Delivery Term, Seller shall qualify the Facility as a Pseudo-Tie Resource with the CAISO pursuant to the CAISO’s New Resource Implementation process (as defined in the CAISO Tariff). Seller shall maintain the Facility as a Pseudo-Tie Resource in compliance with the CAISO Tariff throughout the Delivery Term.
Capacity Attributes. Any actions required for Seller to comply with its obligations set forth in the first paragraph above, the cost of which will be included in the Compliance Expenditure Cap, shall be referred to collectively as the “Compliance Actions.” If Seller reasonably anticipates the need to incur out-of-pocket expenses in excess of the Compliance Expenditure Cap in order to take any Compliance Action Seller shall provide Notice to Buyer of such anticipated out-of-pocket expenses. Buyer will have sixty (60) days to evaluate such Notice (during which time period Seller is not obligated to take any Compliance Actions described in the Notice) and shall, within such time, either (1) agree to reimburse Seller for all of the costs that exceed the Compliance Expenditure Cap (such Buyer-agreed upon costs, the “Accepted Compliance Costs”), or (2) waive Seller’s obligation to take such Compliance Actions, or any part thereof for which Xxxxx has not agreed to reimburse Seller. If Buyer does not respond to a Notice given by Seller under this Section 3.13 within sixty (60) days after Xxxxx’s receipt of same, Buyer shall be deemed to have waived its rights to require Seller to take the Compliance Actions that are the subject of the Notice, and Seller shall have no further obligation to take, and no liability for any failure to take, these Compliance Actions for the remainder of the Contract Term. If Buyer agrees to reimburse Seller for the Accepted Compliance Costs, then Seller shall take such Compliance Actions covered by the Accepted Compliance Costs as agreed upon by the Parties and Xxxxx shall reimburse Seller for Seller’s actual costs to effect the Compliance Actions, not to exceed the Accepted Compliance Costs, within sixty (60) days from the time that Xxxxx receives an invoice and reasonable documentation of such costs from Seller. The Compliance Expenditure Cap shall apply to any change of Law that lowers the Facility’s Qualifying Capacity (including a change of Law that modifies the methodology for calculating the Qualifying Capacity), and no RA Deficiency Amount shall be owed to Buyer in the event Seller’s actions to address such change in Law are either (i) impossible or (ii) would cost more than the Compliance Expenditure Cap for Compliance Actions and Buyer does not agree to fund such excess. For the avoidance of doubt, any failure by Seller to operate the [Generating/Storage] Facility in accordance with Prudent Operating Practice, or to meet availability or other oper...
Capacity Attributes. Xxxxx acknowledges that the Facility does not currently have Full Capacity Deliverability Status. Seller agrees to request a restoration of Full Capacity Deliverability Status from the CAISO annually until it is achieved or the term of the contract ends. Should there be any Network Upgrades associated with obtaining Full Capacity Deliverability Status, the Parties shall meet and confer. If the Parties do not come to an agreement about incurring costs for any such Network Upgrades, the Parties agree that this Agreement shall remain in full force and effect with respect to the remaining Product generated and sold hereunder.
Capacity Attributes a) In this Agreement capacity attributes means any allowance that is attributed to the capacity contribution of renewable energy sources as defined in the relevant regulation.
Capacity Attributes. Title to and risk of loss related to the Capacity Attributes shall pass and transfer from Seller to Buyer at the Metered Output Delivery Point. Seller shall, with Buyer’s cooperation, arrange for qualification and registration of the Project in the ISO-NE annual Forward Capacity Auctions (“FCA”) beginning with FCA #10 in the Forward Capacity Market (“FCM”). In the event that Seller takes a Capacity Supply Obligation under FCA #10 on behalf of Buyer, and Seller incurs penalties under FCA #10 because Commercial Operation has not begun by the time Capacity Commitment Period #10 begins, Buyer agrees to pay Seller cover damages for any costs or penalties so incurred under FCA #10. Buyer shall instruct Seller on the bidding strategy for the FCM throughout the Term. The Parties agree and acknowledge that during the Term of this Agreement, ISO-NE may impose both positive and negative performance capacity supply obligation related credits and charges on participants in the FCM. Therefore, since Seller agrees to bid into the FCA on behalf of Buyer, Buyer shall be entitled to receive the credits of the positive amounts from ISO-NE, and Buyer shall also be responsible for charges of all negative amounts owed to ISO-NE under the FCM. Seller shall cooperate with Buyer to optimize the net value of Capacity Attributes, and associated charges and credits.
Capacity Attributes. By no later than the Effective Date, Seller shall have submitted all necessary interconnection applications.
Capacity Attributes. Any and all current or future defined characteristics, certificates, tags, credits, ancillary service attributes, or accounting constructs, howsoever entitled, including any accounting construct counted toward any resource adequacy requirements, attributed to or associated with any unit of generating capacity of the Generating Facility during the term of the Contract.
