Delivery of Product. Buyer Compliance Showings . Seller shall submit, or cause the Project’s SC to submit, a Supply Plan to CAISO to identify and confirm the Product to be delivered to Buyer, or with regard to Resold Product Buyer’s designee, for each Showing Year and each Showing Month for the duration of the Delivery Term. For each of the Capacity Attributes from the Project that Seller submits in its Supply Plan in the applicable Showing Year and Showing Month, Seller shall not submit an amount greater than the amount of each of the respective Capacity Attributes of Product as provided in Section Three.2. The lowest daily quantity that Seller submits for each of the Capacity Attributes in a Supply Plan shall be deemed to be the amount of each of the Capacity Attributes of Product that Seller has delivered for such Showing Year or Showing Month, as applicable (“Delivered Quantities”). No later than fifteen (15) Business Days prior to the applicable Compliance Showing deadlines for each Showing Year and Showing Month, Seller shall submit, or cause the Project’s SC to submit, a Notice to Buyer which includes Seller’s proposed Supply Plan for such Showing Year or Showing Month in a format and to a platform as Notified by Buyer to Seller prior to such deadline. No later than ten (10) Business Days before the applicable Compliance Showing deadlines for each Showing Year or Showing Month, Buyer may Notify Seller of any administrative or typographical corrections to the Supply Plan and Seller shall implement any such corrections in the Supply Plan that it submits, or causes to be submitted, to the CAISO. In the event that Buyer does not Notify Seller of any such corrections to the proposed Supply Plan, Seller shall submit the Supply Plan to CAISO as it was proposed by Notice to Buyer. INTERCONNECTION & OPERATIONS Interconnection Agreement.
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Samples: Cpe Resource Adequacy Agreement, Guaranty Agreement
Delivery of Product. Buyer Compliance Showings . [Seller shall submit, or cause the Project’s SC to submit, a Supply Plan to CAISO to identify and confirm the Product to be delivered to Buyer, or with regard to Resold Product Buyer’s designee, for each Showing Year and each Showing Month for the duration of the Delivery Term. For each of the Capacity Attributes from the Project that Seller submits in its Supply Plan in the applicable Showing Year and Showing Month, Seller shall not submit an amount greater than the amount of each of the respective Capacity Attributes of Product as provided in Section Three.2. The lowest daily quantity that Seller submits for each of the Capacity Attributes in a Supply Plan shall be deemed to be the amount of each of the Capacity Attributes of Product that Seller has delivered for such Showing Year or Showing Month, as applicable (“Delivered Quantities”). No later than fifteen (15) Business Days prior to the applicable Compliance Showing deadlines for each Showing Year and Showing Month, Seller shall submit, or cause the Project’s SC to submit, a Notice to Buyer which includes Seller’s proposed Supply Plan for such Showing Year or Showing Month in a format and to a platform as Notified by Buyer to Seller prior to such deadline. No later than ten (10) Business Days before the applicable Compliance Showing deadlines for each Showing Year or Showing Month, Buyer may Notify Seller of any administrative or typographical corrections to the Supply Plan and Seller shall implement any such corrections in the Supply Plan that it submits, or causes to be submitted, to the CAISO. In the event that Buyer does not Notify Seller of any such corrections to the proposed Supply Plan, Seller shall submit the Supply Plan to CAISO as it was proposed by Notice to Buyer. .] INTERCONNECTION & OPERATIONS Interconnection AgreementAgreement . At Seller’s expense, Seller shall[,or shall cause the Project Company to,] (i) comply with all terms and conditions contained in the Interconnection Agreements as necessary for the safe and reliable delivery of the Product, and (ii) arrange, schedule and be responsible for any and all electric distribution and transmission service (including any Governmental Approvals required for the foregoing). At no cost or liability to Buyer, Seller shall[, or shall cause the Project Company to,] fulfill all contractual, metering and applicable interconnection requirements, and those requirements set forth in the Utility Distribution Company’s applicable tariffs, the Participating Transmission Owner’s applicable tariffs, the CAISO Tariff and implementing CAISO standards and requirements, so as to be able to deliver the Product to Buyer. Buyer will not bear any costs or liability under this Agreement related to interconnection, electric distribution or transmission service for the Project, regardless of whether PG&E is the (i) Participating TO or (ii) Utility Distribution Company for the Project.
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Samples: Consent and Agreement
Delivery of Product. Buyer Compliance Showings . Seller shall submit, or cause the Project’s SC to submit, a Supply Plan to CAISO to identify and confirm the Product to be delivered to Buyer, or with regard to Resold Product Buyer’s designee, for each Showing Year and each Showing Month for the duration of the Delivery Term. For each of the Capacity Attributes from the Project that Seller submits in its Supply Plan in the applicable Showing Year and Showing Month, Seller shall not submit an amount greater than the amount of each of the respective Capacity Attributes of Product as provided in Section Three.2. The lowest daily quantity that Seller submits for each of the Capacity Attributes in a Supply Plan shall be deemed to be the amount of each of the Capacity Attributes of Product that Seller has delivered for such Showing Year or Showing Month, as applicable (“Delivered Quantities”). No later than fifteen (15) Business Days prior to the applicable Compliance Showing deadlines for each Showing Year and Showing Month, Seller shall submit, or cause the Project’s SC to submit, a Notice to Buyer which includes Seller’s proposed Supply Plan for such Showing Year or Showing Month in a format and to a platform as Notified by Buyer to Seller prior to such deadline. No later than ten (10) Business Days before the applicable Compliance Showing deadlines for each Showing Year or Showing Month, Buyer may Notify Seller of any administrative or typographical corrections to the Supply Plan and Seller shall implement any such corrections in the Supply Plan that it submits, or causes to be submitted, to the CAISO. In the event that Buyer does not Notify Seller of any such corrections to the proposed Supply Plan, Seller shall submit the Supply Plan to CAISO as it was proposed by Notice to Buyer. .] INTERCONNECTION & OPERATIONS Interconnection AgreementAgreement . At Seller’s expense, Seller shall[,or shall cause the Project Company to,] (i) comply with all terms and conditions contained in the Interconnection Agreements as necessary for the safe and reliable delivery of the Product, and (ii) arrange, schedule and be responsible for any and all electric distribution and transmission service (including any Governmental Approvals required for the foregoing). At no cost or liability to Buyer, Seller shall[, or shall cause the Project Company to,] fulfill all contractual, metering and applicable interconnection requirements, and those requirements set forth in the Utility Distribution Company’s applicable tariffs, the Participating Transmission Owner’s applicable tariffs, the CAISO Tariff and implementing CAISO standards and requirements, so as to be able to deliver the Product to Buyer. Buyer will not bear any costs or liability under this Agreement related to interconnection, electric distribution or transmission service for the Project, regardless of whether PG&E is the (i) Participating TO or (ii) Utility Distribution Company for the Project.
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Samples: Consent and Agreement
Delivery of Product. Buyer Compliance Showings . Seller shall provide Buyer with the Designated RA Capacity of Product for each day during the Delivery Period consistent with the following: Seller shall, on a timely basis with respect to each applicable Showing Month, submit, or cause the ProjectUnit’s SC Scheduling Coordinator to submit, a Supply Plan to CAISO Plans in accordance with the Tariff to identify and confirm the Product Designated RA Capacity to be delivered provided to Buyer, or with regard to Resold Product Buyer’s designee, Buyer for each Showing Year and each day of such Showing Month for the duration of that is included in the Delivery Term. For Period so that the total amount of Product identified and confirmed for each such day of such Showing Month equals the Designated RA Capacity Attributes from the Project that Seller submits in its Supply Plan in the applicable Showing Year and for such day of such Showing Month, . Seller shall not submit an amount greater than the amount of each of the respective Capacity Attributes of Product as provided in Section Three.2. The lowest daily quantity that Seller submits for each of the Capacity Attributes in a Supply Plan shall will be deemed to be have delivered the amount of Product on each of day to the Capacity Attributes of Product extent that Seller has delivered Buyer receives credit from CAISO for such Showing Year or Showing Month, as applicable (“Delivered Quantities”). No later than fifteen (15) Business Days prior to the applicable Compliance Showing deadlines day for each Showing Year Product identified and Showing Month, Seller shall submit, or cause the Project’s SC to submit, a Notice to Buyer which includes Seller’s proposed Supply Plan for such Showing Year or Showing Month in a format and to a platform as Notified by Buyer to Seller prior to such deadline. No later than ten (10) Business Days before the applicable Compliance Showing deadlines for each Showing Year or Showing Month, Buyer may Notify Seller of any administrative or typographical corrections to the Supply Plan and Seller shall implement any such corrections confirmed in the Supply Plan that it submitssubmitted for the Unit. Hold-Back Capacity, or causes if any, is deemed Designated RA Capacity delivered, unless utilized under Article 7 as Substitute Capacity, then Designated RA Capacity is delivered according to be submittedthe timeline requirements therein. In accordance with Sections 2.1 and subject to Article 7, Seller shall, to the CAISOextent required by CAISO or the CPUC rules, cause the information listed in Appendix B to be included in all applicable Supply Plans and shall cause all Supply Plans to be filed in conformance with the requirements of the CPUC Filing Guide and the Tariff. In addition, if, during the event that Buyer does not Notify Seller of any such corrections Delivery Period, there are changes to the proposed information included in Appendix B, the Parties agree to communicate such changes to each other promptly. Damages for Failure to Provide Designated RA Capacity If Seller fails to deliver to Buyer the Designated RA Capacity of Product for any day during the Delivery Period with respect to each Showing Month, and such failure is not excused under the terms of the Agreement, then Seller is liable for damages pursuant to Section 4.1 of the Master Agreement. Indemnities for Failure to Deliver Designated RA Capacity Xxxxxx agrees to indemnify, defend and hold harmless Buyer from any penalties, fines or costs assessed against Buyer by the CPUC or CAISO resulting from any of the following: Seller’s failure to deliver any portion of the Designated RA Capacity of Product for any portion of the Delivery Period due to a Non-Excusable Event and such failure results in the imposition of penalties, fines or costs assessed against Buyer; or A Unit’s Scheduling Coordinator’s failure to timely or accurately submit Supply PlanPlans in accordance with the applicable Tariff that identify Xxxxx’s right to the Designated RA Capacity purchased hereunder for each day of the Delivery Period. With respect to the foregoing, Seller the Parties shall submit the Supply Plan use commercially reasonable efforts to CAISO as it was proposed by Notice minimize such penalties, fines and costs; provided, that in no event shall Buyer be required to use or change its utilization of its owned or controlled assets or market positions to minimize these penalties, fines, and costs. Buyer. INTERCONNECTION & OPERATIONS Interconnection Agreement.’s Re-Sale of Product
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Delivery of Product. Buyer Compliance Showings . Seller shall provide Buyer with the Designated RA Capacity of Product for each day during the Delivery Period consistent with the following: Seller shall, on a timely basis with respect to each applicable Showing Month, submit, or cause the ProjectUnit’s SC Scheduling Coordinator to submit, a Supply Plan to CAISO Plans in accordance with the Tariff to identify and confirm the Product Designated RA Capacity to be delivered provided to Buyer, or with regard to Resold Product Buyer’s designee, Buyer for each Showing Year and each day of such Showing Month for the duration of that is included in the Delivery Term. For Period so that the total amount of Product identified and confirmed for each such day of such Showing Month equals the Designated RA Capacity Attributes from the Project that Seller submits in its Supply Plan in the applicable Showing Year and for such day of such Showing Month, . Seller shall not submit an amount greater than the amount of each of the respective Capacity Attributes of Product as provided in Section Three.2. The lowest daily quantity that Seller submits for each of the Capacity Attributes in a Supply Plan shall will be deemed to be have delivered the amount of Product on each of day to the Capacity Attributes of Product extent that Seller has delivered Buyer receives credit from CAISO for such Showing Year or Showing Month, as applicable (“Delivered Quantities”). No later than fifteen (15) Business Days prior to the applicable Compliance Showing deadlines day for each Showing Year Product identified and Showing Month, Seller shall submit, or cause the Project’s SC to submit, a Notice to Buyer which includes Seller’s proposed Supply Plan for such Showing Year or Showing Month in a format and to a platform as Notified by Buyer to Seller prior to such deadline. No later than ten (10) Business Days before the applicable Compliance Showing deadlines for each Showing Year or Showing Month, Buyer may Notify Seller of any administrative or typographical corrections to the Supply Plan and Seller shall implement any such corrections confirmed in the Supply Plan that it submitssubmitted for the Unit. Hold-Back Capacity, or causes if any, is deemed Designated RA Capacity delivered, unless utilized under Article 7 as Substitute Capacity, then Designated RA Capacity is delivered according to the timeline requirements therein. Designated RA Capacity will be submitteddeemed delivered even if Buyer is unable to supply Available Import Capability to facilitate Xxxxx’s use of Designated RA Capacity. In accordance with Sections 2.1 and subject to Article 7, Seller shall, to the CAISOextent required by CAISO or the CPUC rules, cause the information listed in Appendix B to be included in all applicable Supply Plans and shall cause all Supply Plans to be filed in conformance with the requirements of the CPUC Filing Guide and the Tariff. In addition, if, during the event that Buyer does not Notify Seller of any such corrections Delivery Period, there are changes to the proposed information included in Appendix B, the Parties agree to communicate such changes to each other promptly. Damages for Failure to Provide Designated RA Capacity If Seller fails to deliver to Buyer the Designated RA Capacity of Product for any day during the Delivery Period with respect to each Showing Month, and such failure is not excused under the terms of the Agreement, then Seller is liable for damages pursuant to Section 4.1 of the Master Agreement. Indemnities for Failure to Deliver Designated RA Capacity Xxxxxx agrees to indemnify, defend and hold harmless Buyer from any penalties, fines or costs assessed against Buyer by the CPUC or CAISO resulting from any of the following: Seller’s failure to deliver any portion of the Designated RA Capacity of Product for any portion of the Delivery Period due to a Non-Excusable Event and such failure results in the imposition of penalties, fines or costs assessed against Buyer; or A Unit’s Scheduling Coordinator’s failure to timely or accurately submit Supply PlanPlans in accordance with the applicable Tariff that identify Xxxxx’s right to the Designated RA Capacity purchased hereunder for each day of the Delivery Period. With respect to the foregoing, Seller the Parties shall submit the Supply Plan use commercially reasonable efforts to CAISO as it was proposed by Notice minimize such penalties, fines and costs; provided, that in no event shall Buyer be required to use or change its utilization of its owned or controlled assets or market positions to minimize these penalties, fines, and costs. Buyer. INTERCONNECTION & OPERATIONS Interconnection Agreement.’s Re-Sale of Product
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Delivery of Product. Unless the Substituted Agreement Period is extended by Buyer, Seller shall store the Product on behalf of Buyer Compliance Showings until the 18th day of July 2008. If Buyer is not prepared to begin accepting shipments of the stored Product on July 18, 2008 or the last of the week-to-week extensions of the Substituted Agreement Period, if any, Buyer agrees to make alternative arrangements for the Product’s storage given the limited space available for Seller to store Buyer’s Product. The stored Product shall be delivered as follows: Subject to Buyer’s right to extend the Substituted Agreement Period, as of July 18, 2008, the Initial Purchase Agreement shall take effect and Buyer must begin purchasing and receiving a minimum of 150 tons per day of Product from Seller pursuant to the terms of the Initial Purchase Agreement. Provided Buyer has purchased the minimum of 150 tons per day, Buyer may also request that Seller deliver up to an additional 84 tons per day (i.e., four truckloads) of the stored Product. Such delivery of the additional product will depend upon the availability of Seller’s trucks on any particular date, but Seller agrees to make delivery of the stored Product to Buyer its priority. Seller shall submit, or cause deliver the Project’s SC to submit, a Supply Plan to CAISO to identify and confirm the stored Product to be delivered to Buyer, or with regard to Resold Product Buyer’s designee, place of business (to that area designated by Buyer for each Showing Year receipt and each Showing Month for the duration storage of the Delivery TermProduct) located near Chancellor, South Dakota, as instructed by Buyer. For each of Should Buyer want the Capacity Attributes from the Project that Seller submits in its Supply Plan in the applicable Showing Year and Showing Monthstored Product delivered elsewhere, Seller shall not submit an amount greater than the amount will advise Buyer of each of the respective Capacity Attributes of Product as provided increase in Section Three.2. The lowest daily quantity that Seller submits for each of the Capacity Attributes in a Supply Plan shall be deemed cost due to be the amount of each of the Capacity Attributes of Product that Seller has delivered for such Showing Year or Showing Monthadditional transportation charges, as applicable (“Delivered Quantities”). No later than fifteen (15) Business Days prior to the applicable Compliance Showing deadlines for each Showing Year and Showing Monthif any, Seller shall submit, or cause the Project’s SC to submit, a Notice to Buyer which includes Seller’s proposed Supply Plan for such Showing Year or Showing Month in a format and to a platform as Notified by Buyer to Seller prior to such deadline. No later than ten (10) Business Days before delivery and Buyer shall pay such increase in cost if Buyer desires to have the applicable Compliance Showing deadlines for each Showing Year or Showing Month, Buyer may Notify Seller of any administrative or typographical corrections Product delivered to the Supply Plan and alternative location. Seller shall implement any such corrections make all deliveries of Product during Buyer’s normal hours of operation. Buyer shall provide Seller with a proposed delivery schedule for both the new Product and the stored Product on a week-by-week basis at least one week in advance of the Supply Plan that it submits, or causes to be submitted, to the CAISOweek of delivery. In the event that Buyer does not Notify Seller of any such corrections to the proposed Supply Plan, Seller shall submit the Supply Plan to CAISO as it was proposed by Notice may alter Buyer’s delivery schedule upon a three (3) day notice to Buyer. INTERCONNECTION & OPERATIONS Interconnection Agreement.
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