Common use of Deliverability Clause in Contracts

Deliverability. Seller shall use commercially reasonable efforts, with the assistance and cooperation of Buyer to the extent necessary and appropriate, to ensure that the capacity (intermittent generation capacity generation resource) and energy from each Project is aggregate deliverable to the Midwest Independent Transmission System Operator, Inc. (“MISO”) in accordance with the then-current requirements of the MISO Open Access Transmission, Energy and Operating Reserve Markets Tariff. If Seller is unable to satisfy this covenant prior to the Effective Time despite such efforts, then (a) Buyer shall, after the Effective Time and with the assistance and cooperation of Seller to the extent necessary and appropriate, use its commercially reasonable efforts to satisfy this covenant on behalf of Seller as soon as practicable, and (b) Seller shall indemnify Buyer for its actual net Losses directly associated with Seller’s failure to satisfy this covenant prior to the Effective Time.