EIRP Requirements. Seller shall provide Buyer with a copy of the notice from CAISO certifying the Project as a Participating Intermittent Resource as soon as practicable after Seller’s receipt of such notice of certification. As of the first date of the Test Period and until the Project receives certification as a Participating Intermittent Resource, Seller, at its sole cost, shall comply with EIRP and additional protocols issued by the CAISO for Eligible Intermittent Resources. Throughout the Delivery Term, Seller, at its sole cost, shall participate in and comply with EIRP and all additional protocols issued by the CAISO for a Participating Intermittent Resource. Throughout the Delivery Term, Seller, at its sole cost, shall participate in and comply with all other protocols issued by the CAISO for generating facilities providing energy on an intermittent basis; provided that, if multiple options exist, then Seller shall comply with any such protocols, rules or regulations as directed by Buyer. Throughout the Delivery Term, Buyer in its limited capacity as Seller’s Scheduling Coordinator shall facilitate communication with the CAISO and provide other administrative materials to CAISO as necessary to satisfy Seller’s obligations as Seller’s Scheduling Coordinator and to the extent such actions are at de minimis cost to Buyer.]
EIRP Requirements. The Parties acknowledge that as of the Execution Date, the CAISO has not yet established protocols for scheduling solar power to permit solar projects to participate in EIRP (“Qualifying Protocols”). As soon as practicable, but not more than ninety (90) days after Qualifying Protocols are finalized and made effective by the CAISO, Seller shall apply to have the Project certified as a Participating Intermittent Resource and shall thereafter diligently pursue such process to completion, subject to the Compliance Cost Cap, including negotiating and executing all necessary documents to become a Participating Intermittent Resource (each as defined by the CAISO Tariff and collectively, the “Program Agreements”). Seller shall provide Buyer with a copy of the notice from CAISO certifying the Project as a Participating Intermittent Resource as soon as practicable after Seller’s receipt of such notice of certification. Following certification and whenever applicable, Seller shall participate in and comply with EIRP as directed by Buyer or Third-Party SC and all additional protocols issued by the CAISO relating to Participating Intermittent Resources during all hours of the Delivery Term, and Buyer, as Scheduling Coordinator, shall facilitate communication with the CAISO and provide other administrative materials to CAISO as necessary to assist Seller’s participation in and compliance with EIRP and such additional protocols, to the extent such actions are at de minimis cost to Buyer.
EIRP Requirements. The Parties acknowledge that as of the Execution Date, the CAISO has not yet established protocols for scheduling solar power to permit solar projects to participate in EIRP. As soon as practicable, but not more than ninety (90) days after such protocols are finalized and made effective by the CAISO, Seller shall apply to have the Facility certified as a Participating Intermittent Resource and shall thereafter diligently pursue such process to completion, including negotiating and executing all necessary documents to become a Participating Intermittent Resource (defined by the CAISO Tariff). Seller shall provide Buyer with a copy of the notice from CAISO certifying the Facility as a Participating Intermittent Resource as soon as practicable after Seller’s receipt of such notice of certification. Subject to the Compliance Cost Cap, following certification and whenever applicable, Seller shall participate in and comply with EIRP as directed by Buyer or Third-Party SC and all additional protocols issued by the CAISO relating to Participating Intermittent Resources during all hours of the Delivery Term. Access to Data and Installation and Maintenance of Weather Stations. Seller shall comply with the data and weather station requirements identified in Appendix E.
EIRP Requirements. Seller shall install all equipment necessary for the Facility to participate in the Eligible Intermittent Resources Protocol (EIRP), or successor program. Unless Seller has been directed by Buyer to not participate as a Participating Intermittent Resource, Seller shall provide Buyer as soon as practicable with a copy of the notice from CAISO certifying the Facility as a Participating Intermittent Resource in the Eligible Intermittent Resource Protocol as soon as practicable after Seller’s receipt of such notice of certification. As of the first date of the test period and until the Facility receives certification as a Participating Intermittent Resource, Seller, at its sole cost, shall comply with EIRP and additional protocols issued by the CAISO for Eligible Intermittent Resources. Throughout the Delivery Term, Seller, at its sole cost, shall participate in and comply with EIRP and all additional or replacement protocols issued by the CAISO for a Participating Intermittent Resource. Throughout the Delivery Term, Seller, at its sole cost, shall participate in and comply with all other protocols issued by the CAISO for generating facilities providing energy on an intermittent basis; provided that, if multiple options exist, then Seller shall comply with any such protocols, rules or regulations as directed by Buyer.
EIRP Requirements. As soon as practicable, Seller shall apply to have the Project certified as a Participating Intermittent Resource and shall thereafter diligently pursue such process to completion, including negotiating and executing all necessary documents to become a Participating Intermittent Resource (each as defined by the CAISO Tariff and collectively, the “Program Agreements”). Seller shall provide Buyer with a copy of the notice from CAISO certifying the Project as a Participating Intermittent Resource as soon as practicable after Seller’s receipt of such notice of certification. Following certification, Seller at its sole cost shall participate in and comply with EIRP and all additional protocols issued by the CAISO relating to Participating Intermittent Resources, and Buyer, as Scheduling Coordinator, shall facilitate communication with the CAISO and provide other administrative materials to CAISO as necessary to assist Seller’s participation in and compliance with EIRP and such additional protocols, to the extent such actions are at de minimis cost to Buyer.
EIRP Requirements. (i) Seller shall provide Buyer with a copy of the notice from CAISO certifying the Project as a Participating Intermittent Resource as soon as practicable after Seller’s receipt of such notice of certification. Following certification and whenever applicable, Seller shall participate in and comply with EIRP as directed by Buyer or Third-Party SC and all additional protocols issued by the CAISO relating to Participating Intermittent Resources during all hours of the Delivery Term, and Buyer, as Scheduling Coordinator, shall facilitate communication with the CAISO and provide other administrative materials to CAISO as necessary to assist Seller’s participation in and compliance with EIRP and such additional protocols.
EIRP Requirements. The intent of this Agreement is that the Project shall be a certified Participating Intermittent Resource. The Parties acknowledge that as of the Execution Date, the CAISO has not yet established protocols for scheduling power from solar thermal projects to permit such projects to participate in EIRP (“Qualifying Protocols”). As soon as practicable, but not more than ninety (90) days after Qualifying Protocols are finalized and made effective by the CAISO, Seller shall apply to have the Project certified as a Participating Intermittent Resource and shall thereafter diligently pursue such process to completion, including negotiating and executing all necessary documents to become a Participating Intermittent Resource (each as defined by the CAISO Tariff and collectively, the “Program Agreements”). Seller shall provide Buyer with a copy of the notice from CAISO certifying the Project as a Participating Intermittent Resource as soon as practicable after Seller’s receipt of such notice of certification. Following certification and whenever applicable, Seller shall participate in and comply with EIRP (including maintaining all equipment required to do so) as directed by Buyer or Third-Party SC and all additional protocols issued by the CAISO relating to Participating Intermittent Resources during all hours of the Delivery Term.
EIRP Requirements. Seller may, but shall not be required to, apply to have the Project certified as a Participating Intermittent Resource, and Buyer shall facilitate communication with the CAISO and provide other administrative materials to CAISO as necessary to assist Seller’s participation in and compliance with EIRP and such additional protocols. Notwithstanding the preceding sentence and following Buyer’s written request for Seller to apply to have the Project certified as a Participating Intermittent Resource, Seller shall use commercially reasonable efforts to obtain such certification and participate in and comply with EIRP, to the extent that such certification, participation and compliance is a benefit to Buyer and does not negatively impact Seller or the Project. Seller and Buyer shall cooperate to determine the benefits and disadvantages of the Parties to certification of the Project as a Participating Intermittent Resource and participation in and compliance with EIRP.
EIRP Requirements. Seller shall cause the Facility to become a Participating Intermittent Resource, including executing all necessary documents to become a Participating Intermittent Resource not less than sixty (60) days before the start of any Energy deliveries from the Facility. Seller shall be responsible for all CAISO forecasting fees and related charges associated with the Facility becoming a Participating Intermittent Resource and participating in the CAISO’s Eligible Intermittent Resource Protocol (“EIRP”). Seller shall use commercially reasonable efforts to obtain certification with the CAISO as a Participating Intermittent Resource in EIRP prior to Commercial Operation. Seller and Buyer shall comply with EIRP, and all additional protocols issued by the CAISO relating to Participating Intermittent Resources, including the EIRP, for the Delivery Term. In the event that EIRP or the CAISO Tariff and/or any protocols relating thereto are changed, amended, modified, replaced, or terminated, Seller and Buyer agree to comply with such revisions and, to the extent practical, to implement such revisions in a manner that maintains the relative economic positions of the parties as of the date of this Agreement.
EIRP Requirements. Seller shall cause the Project to become a Participating Intermittent Resource, including executing all necessary documents to become a Participating Intermittent Resource prior to the first delivery of energy hereunder. Seller shall be responsible for all CAISO forecasting fees and related charges associated with the Project becoming a Participating Intermittent Resource and participating in EIRP. Seller and Buyer shall comply with EIRP, and all additional protocols issued by the CAISO relating to Participating Intermittent Resources, including the EIRP, for the Delivery Term, and Buyer, as Scheduling Coordinator, shall facilitate communication with the CAISO and provide other administrative materials to CAISO as necessary to assist Seller’s participation in and compliance with EIRP and such additional protocols. Seller shall provide Buyer with a copy of the notice from the CAISO certifying the Project as a Participating Intermittent Resource as soon as possible after the Effective Date. In the event that EIRP or the CAISO Tariff and/or any protocols relating thereto are changed, amended, modified replaced or terminated, Seller and Buyer agree to comply with such revisions and, to the extent practical, to implement such revisions in a manner that maintains the relative economic positions of the parties as of the date of this Agreement provided, however, that the terms of this Agreement shall continue to apply until such amendment becomes effective. Notwithstanding anything to the contrary in this Agreement, Seller shall not be required to incur unreimbursed incremental out-of-pocket costs in excess of $100,000 in the aggregate during the course of the Delivery Term in connection with its compliance with any change in the rules relating to EIRP from the Effective Date. In the event that Seller must incur unreimbursed out- of-pocket costs in excess of $100,000 in the aggregate during the course of the Delivery Term in connection with its compliance under this Section 3.3(a), the Parties shall negotiate to allocate any additional EIRP compliance costs.
