Illinois Pass-Through Tariffs Sample Clauses
Illinois Pass-Through Tariffs. Party B has in place pass-through tariffs approved by the Illinois Commerce Commission (“ICC”) under which Party B is entitled to recover all reasonable costs incurred to comply with ICC-approved procurement plans, and all such costs are statutorily deemed to be prudently incurred. In accordance with such authorization, Party B will recover the costs of purchasing, under the terms of this PPA, the quantity of annual energy and RECs specified therein. Party B shall not be liable under this PPA for any costs that cannot be recovered from customers through such pass-through tariffs. You have received two partially executed copies of this PPA. Please execute both, keep one copy for your own records, return a copy of this signature page by facsimile to ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ at (▇▇▇) ▇▇▇-▇▇▇▇ and send a fully executed copy to us to our address in the Notices section above. If you have any questions, please contact ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ at (▇▇▇) ▇▇▇-▇▇▇▇. By: _____________________________ By: _________________________ Name: ____________________________ Name: _________________________ Title: _____________________________ Title: _________________________
Illinois Pass-Through Tariffs. It is the understanding and agreement by Party A that Party B is allowed to recover all costs and other amounts incurred under this PPA from its customers pursuant to a pass-through tariff, now in effect and as may be amended from time to time, as authorized by section 16-111.5(l) of the Illinois Public Utilities Act (220 ILCS 5/16-111.5(l)) and approved by the Illinois Commerce Commission (“ICC”). Notwithstanding anything to the contrary in this PPA, Party B shall not be liable to Party A for any amounts, including any termination payment that might be otherwise due under Section 6(e) of the Master Agreement, that Party B is not allowed to or cannot recover, for whatever reason, from its customers through those pass-through tariffs or any other tariffs, or by any other means. In the event that Party A returns any amount to Party B in connection with any disallowance as is described in section (3) above, and any of such amounts are subsequently recovered by Party B, Party B shall return to Party A its pro-rated share of the disallowed amount. Party B shall use all reasonable means to have the disallowed amount returned to it by the ICC or any court of competent jurisdiction. In the event that Party A exercises its right to terminate this PPA pursuant to this section, neither Party shall have any further liability to the other Party under this PPA and no termination payment shall be owed by either Party (but provided that any amount due and recoverable from customers through such pass-through tariffs prior to such termination shall be paid by the party owing such amounts, subject to netting hereunder, and that any amounts due to be returned from Party A to Party B pursuant to subsection (3) above shall also be paid by Party A). For the avoidance of doubt, any such failure to recover costs under the pass-through tariffs approved by the ICC shall not be considered an Illegality under this PPA. Termination of this PPA pursuant to this section shall not constitute an Event of Default under other Fixed Price Customer Supply Contracts. For the avoidance of doubt, this section shall survive the termination or expiration of this PPA.