FERC Status. Seller shall be responsible for ensuring that it is in compliance with all FERC directives and requirements necessary for Seller to fulfill its obligations under this Agreement. As part of Seller’s satisfaction of this responsibility, it shall maintain the Facility’s status as an EWG (to the extent Seller meets the criteria for such status) at all times on and after the Commercial Operation Date and shall obtain and maintain any requisite authority to sell the output of the Facility at market-based rates, including market-based rate authority to the extent applicable. Notwithstanding a change in Law occurring subsequent to the Effective Date, Seller shall not (i) seek to qualify the Facility as one or more QFs, or (ii) for so long as this Agreement is in effect, assert, any rights Seller may have to require Buyer to purchase or transmit electric power or to pay a specified price for electric power by virtue of a QF status.
Appears in 10 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
