Common use of Fuel Services Clause in Contracts

Fuel Services. (a) MAEM will provide all Fuel necessary for the operation of the Generating Station at MAEM's cost, which shall be calculated as MAEM's actual cost for transportation, inventory and related costs, as adjusted for any gains or losses on fuel ▇▇▇▇▇▇ and trading activities. MAEM will enter into arrangements for the purchase and procurement of Fuel meeting the specifications for the Generating Station, coordinate the scheduling, loading, unloading and storage of Fuel deliveries, maintain Fuel inventory levels, and perform such other Fuel-related services as Peaker may request from time to time, in each case in accordance with Good Utility Practices. (i) If, at any time, MAEM determines that the creditworthiness of Peaker is impaired, MAEM may, at its sole discretion and upon written notice to Peaker, elect to suspend Fuel procurement under SECTION 3.2(a) for a period until such creditworthiness is restored (each such period, an "Agency Period"). During any such Agency Period, MAEM shall act solely as agent to Peaker under this Agreement in taking the actions set forth in this SECTION 3.2(b). (ii) During any Agency Period, MAEM's sole obligation shall be to use commercially reasonable efforts to procure Fuel as agent of and for the account of Peaker, and MAEM shall have no obligation to provide credit enhancement to any supplier of Peaker. MAEM shall have no liability to Peaker if Fuel suppliers do not agree to supply Fuel to Peaker due to a lack of creditworthiness of Peaker. As agent, MAEM shall neither directly purchase or contract for the purchase of, nor take title to or possession and control of, any Fuel procured for the account of Peaker, and MAEM shall have no liability to any Fuel supplier or Peaker for nonpayment for or nondelivery of procured Fuels, as appropriate. During any Agency Period, as between MAEM and Peaker, Peaker shall be deemed to have title, exclusive possession and control of all procured Fuel at all times, and any risk of loss associated with any such procured Fuel shall be born by Peaker. (iii) Each Agency Period shall continue until Peaker can demonstrate to MAEM that Peaker's creditworthiness has been restored, as reasonably determined by MAEM. After a positive determination as to such creditworthiness, the applicable Agency Period shall be terminated by MAEM by written notice to Peaker, and MAEM shall resume procuring Fuel for Peaker under SECTION 3.2(A).

Fuel Services. (a) MAEM will provide all Fuel necessary for the operation of the Generating Station at MAEM's cost, which shall be calculated as MAEM's actual cost for transportation, inventory and related costs, as adjusted for any gains or losses on fuel ▇▇▇▇▇▇ and trading activities. MAEM will enter into arrangements for the purchase and procurement of Fuel meeting the specifications for the Generating Station, coordinate the scheduling, loading, unloading and storage of Fuel deliveries, maintain Fuel inventory levels, and perform such other Fuel-related services as Peaker Potomac River may request from time to time, in each case in accordance with Good Utility Practices. (i) If, at any time, MAEM determines that the creditworthiness of Peaker Potomac River is impaired, MAEM may, at its sole discretion and upon written notice to PeakerPotomac River, elect to suspend Fuel procurement under SECTION 3.2(a) for a period until such creditworthiness is restored (each such period, an "Agency Period"). During any such Agency Period, MAEM shall act solely as agent to Peaker Potomac River under this Agreement in taking the actions set forth in this SECTION 3.2(b). (ii) During any Agency Period, MAEM's sole obligation shall be to use commercially reasonable efforts to procure Fuel as agent of and for the account of PeakerPotomac River, and MAEM shall have no obligation to provide credit enhancement to any supplier of PeakerPotomac River. MAEM shall have no liability to Peaker Potomac River if Fuel suppliers do not agree to supply Fuel to Peaker Potomac River due to a lack of creditworthiness of PeakerPotomac River. As agent, MAEM shall neither directly purchase or contract for the purchase of, nor take title to or possession and control of, any Fuel procured for the account of PeakerPotomac River, and MAEM shall have no liability to any Fuel supplier or Peaker Potomac River for nonpayment for or nondelivery of procured Fuels, as appropriate. During any Agency Period, as between MAEM and PeakerPotomac River, Peaker Potomac River shall be deemed to have title, exclusive possession and control of all procured Fuel at all times, and any risk of loss associated with any such procured Fuel shall be born by PeakerPotomac River. (iii) Each Agency Period shall continue until Peaker Potomac River can demonstrate to MAEM that PeakerPotomac River's creditworthiness has been restored, as reasonably determined by MAEM. After a positive determination as to such creditworthiness, the applicable Agency Period shall be terminated by MAEM by written notice to PeakerPotomac River, and MAEM shall resume procuring Fuel for Peaker Potomac River under SECTION 3.2(A3.2(a).