Limitations on Seller’s Ability to Make or Agree to Third Party Sales from the Generating Sample Clauses

Limitations on Seller’s Ability to Make or Agree to Third Party Sales from the Generating. Facilities after Certain Terminations of this Agreement. If Seller terminates this Agreement pursuant to Section 5.03 (based upon a Force Majeure as to which Seller is the Claiming Party), neither Seller nor Seller’s Affiliates may sell, or enter into an agreement to sell, electric energy, Green Attributes, Capacity Attributes, or Resource Adequacy Benefits, generated by, associated with or attributable to a generating facility installed at the Site to a party other than SCE for a period of two (2) years following the effective date of such termination. This prohibition on contracting and sale shall not apply if, prior to entering into the contract or making a sale to a party other than SCE, Seller or Seller’s Affiliates provide SCE with a written offer to sell the electric energy, Green Attributes, Capacity Attributes and Resource Adequacy Benefits to SCE on terms and conditions materially similar to the terms and conditions contained in this Agreement and SCE fails to accept such offer within forty-five (45) days after SCE’s receipt thereof. Seller shall indemnify and hold SCE harmless from all benefits lost and other damages sustained by SCE as a result of any breach by Seller of its covenants contained within this Section 2.05(b). *** End of ARTICLE TWO ***
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