Notwithstanding Section 7. 2(a), Buyer may, at its sole discretion at any time and from time to time during the term of this Agreement (but not during the period of time commencing one hundred and eighty (180) Days prior to the expected Delivery Term Commencement Date (which date Seller shall communicate to Buyer in writing at least two hundred and ten (210) Days prior to such date) and ending on the Delivery Term Commencement Date), elect to serve (or have its designee serve) as the Market Participant (or similar representative) for the Facility before the Balancing Authority applicable to the Injection Portion (including any applicable RTO or ISO) during all or part of the Delivery Term. In such event, the Parties, acting reasonably and in good faith, shall agree upon the modifications and amendments of this Agreement required to reflect the case that Buyer is the Market Participant (or similar representative) for the Facility before the Balancing Authority applicable to the Injection Portion and set forth the same as a new Schedule 7.2(b) to this Agreement as expeditiously as practicable; provided, however, that neither Party shall have any obligation to modify or amend the terms of this Agreement that have a net material adverse effect on any of such Party’s rights, benefits, risks or obligations under this Agreement after taking into account any reduction in such Party’s costs and any elimination, diminution or re-allocation of such Party’s risks under this Agreement that would result from such modifications or amendments. Each Party shall conduct any and all negotiations in connection therewith in good faith and fully consistent with the rights and obligations of Buyer and Seller set forth in this Agreement (including Section 7.3(e), Section 7.6
Appears in 14 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
