Common use of Obligation to Sell and Purchase Products Clause in Contracts

Obligation to Sell and Purchase Products. ‌ Beginning on the Delivery Term Start Date and subject to Section 4.1(b) and 4.2(a), Seller shall sell and Deliver, and Buyer shall purchase and receive all right, title and interest in and to, Buyer’s Percentage Entitlement of the Products in accordance with the terms and conditions of this Agreement. The aforementioned obligations for Seller to sell and Deliver the Products and for Buyer to purchase and receive the same are Unit Contingent. Seller agrees that Seller will not curtail or otherwise reduce deliveries of the Products in order to sell such Products to other Persons. To maximize the value of the Products, to the extent possible and consistent with ISO-NE Rules and Good Utility Practice, Seller shall use commercially reasonable efforts to minimize outages during the time periods of anticipated peak load and peak Energy prices in New England. Notwithstanding anything to the contrary in this Agreement, Seller shall not be required to make any material capital expenditures or incur any significant increase in operating expenses with respect to Wholesale Market Services or the Delivery thereof to Buyer, unless Seller determines, in its sole discretion, that it is commercially reasonable to incur such expenses. Buyer shall not be obligated to accept or pay for any Environmental Attribute or comparable certificate, credit, attribute or other similar product produced by or associated with the Facility which fails to qualify as an Environmental Attribute associated with the specified MWh of generation from a Zero Carbon Emissions Generation Unit, and, to the extent that Buyer does not purchase any such Environmental Attribute or comparable certificate, credit, attribute or other similar product associated with the Facility, Seller may, in its sole discretion, sell, transfer or otherwise dispose of that Environmental Attribute or comparable certificate, credit, attribute or other similar product. In the event that the Buyer notifies Seller that it will not purchase any Environmental Attribute or comparable certificate, credit, attribute or other similar product produced by the Facility which fails to qualify as an Environmental Attribute associated with the specified MWh of generation from a Zero Carbon Emissions Generation Unit, then Buyer may resume purchasing such Environmental Attributes or comparable certificates, credits, attributes or other similar products produced by the Facility upon thirty (30) days’ prior written notice to Seller, unless otherwise agreed by Buyer and Seller. Seller shall Deliver Buyer’s Percentage Entitlement of the Products produced by or associated with the Facility, up to and including the Contract Maximum Amount, exclusively to Buyer, and Seller shall not sell, divert, grant, transfer or assign such Products or any right, claim, certificate or other attribute associated with such Products to any Person other than Buyer during the Term, except as otherwise expressly provided for in Section 4.1(b) or Section 19.7. Seller shall not enter into any agreement or arrangement under which such Buyer’s Percentage Entitlement of the Products can be claimed by any Person other than Buyer. Buyer shall have the exclusive right to resell or convey the Products in its sole discretion.‌

Obligation to Sell and Purchase Products. ‌ Beginning on the Delivery Term Start Date and subject to Section 4.1(b) and 4.2(a), Seller shall sell and Deliver, and Buyer shall purchase and receive all right, title and interest in and to, Buyer’s Percentage Entitlement of the Products in accordance with the terms and conditions of this Agreement. The aforementioned obligations for Seller to sell and Deliver the Products and for Buyer to purchase and receive the same are Unit ContingentContingent and shall be subject to the operation of the Facility. Seller agrees that Seller will not curtail or otherwise reduce deliveries of the Products in order to sell such Products to other Personspurchasers. To maximize the value of the Products, to the extent possible and consistent with ISO-NE Rules and Good Utility Practice, Seller shall use commercially reasonable efforts to minimize outages maximize the production and Delivery of Energy during the time periods of anticipated peak load and peak Energy prices in New England. Notwithstanding anything to the contrary in this Agreement, Seller shall not be required to make any material capital expenditures or incur any significant increase in operating expenses with respect to Wholesale Market Services or the Delivery thereof to Buyer, unless Seller determines, in its sole discretion, that it is commercially reasonable to incur such expenses. Buyer shall not be obligated to accept or pay for any Environmental Attribute or comparable certificate, credit, attribute or other similar product produced by or associated with the Facility which fails to qualify as an Environmental Attribute associated with the specified MWh of generation from a Zero Carbon Emissions Generation Unit, and, to the extent that Buyer does not purchase accept any such Environmental Attribute or comparable certificate, credit, attribute or other similar product associated with the Facility, Seller may, in its sole discretion, sell, transfer or otherwise dispose of that Environmental Attribute or comparable certificate, credit, attribute or other similar productproduct to a third party. In the event that the Buyer notifies Seller that it will not purchase accept any Environmental Attribute or comparable certificate, credit, attribute or other similar product produced by the Facility which fails to qualify as an Environmental Attribute associated with the specified MWh of generation from a Zero Carbon Emissions Generation Unit, then Buyer may resume purchasing accepting such Environmental Attributes or comparable certificates, credits, attributes or other similar products produced by the Facility upon thirty (30) days’ prior written notice to Seller, unless otherwise agreed by Buyer Xxxxx and Seller. Seller shall Deliver Buyer’s Percentage Entitlement of the Products produced by or associated with the Facility, up to and including the Contract Maximum Amount, exclusively to Buyer, and Seller shall not sell, divert, grant, transfer or assign such Products or any right, claim, certificate or other attribute associated with such Products to any Person other than Buyer during the Term, except as otherwise expressly provided for in Section 4.1(b) or Section 19.7to the extent permitted pursuant to the terms of this Agreement. Seller shall not enter into any agreement or arrangement under which such BuyerXxxxx’s Percentage Entitlement of the Products can be claimed by any Person other than Buyer. Buyer shall have the exclusive right to resell or convey the such Products in its sole discretion.‌discretion.

Obligation to Sell and Purchase Products. ‌ Beginning on the Delivery Term Start Date and subject to Section 4.1(b) and 4.2(a), Seller shall sell and Deliver, and Buyer shall purchase and receive all right, title and interest in and to, Buyer’s Percentage Entitlement of the Products in accordance with the terms and conditions of this Agreement. The aforementioned obligations for Seller to sell and Deliver the Products and for Buyer to purchase and receive the same are Unit ContingentContingent and shall be subject to the operation of the Facility. Seller agrees that Seller will not curtail or otherwise reduce deliveries of the Products in order to sell such Products to other Personspurchasers. To maximize the value of the Products, to the extent possible and consistent with ISO-NE Rules and Good Utility Practice, Seller shall use commercially reasonable efforts to minimize outages maximize the production and Delivery of Energy during the time periods of anticipated peak load and peak Energy prices in New England. Notwithstanding anything to the contrary in this Agreement, Seller shall not be required to make any material capital expenditures or incur any significant increase in operating expenses with respect to Wholesale Market Services or the Delivery thereof to Buyer, unless Seller determines, in its sole discretion, that it is commercially reasonable to incur such expenses. Buyer shall not be obligated to accept or pay for any Environmental Attribute or comparable certificate, credit, attribute or other similar product produced by or associated with the Facility which fails to qualify as an Environmental Attribute associated with the specified MWh of generation from a Zero Carbon Emissions Generation Unit, and, to the extent that Buyer does not purchase accept any such Environmental Attribute or comparable certificate, credit, attribute or other similar product associated with the Facility, Seller may, in its sole discretion, sell, transfer or otherwise dispose of that Environmental Attribute or comparable certificate, credit, attribute or other similar productproduct to a third party. In the event that the Buyer notifies Seller that it will not purchase accept any Environmental Attribute or comparable certificate, credit, attribute or other similar product produced by the Facility which fails to qualify as an Environmental Attribute associated with the specified MWh of generation from a Zero Carbon Emissions Generation Unit, then Buyer may resume purchasing accepting such Environmental Attributes or comparable certificates, credits, attributes or other similar products produced by the Facility upon thirty (30) days’ prior written notice to Seller, unless otherwise agreed by Buyer and Seller. Seller shall Deliver Buyer’s Percentage Entitlement of the Products produced by or associated with the Facility, up to and including the Contract Maximum Amount, exclusively to Buyer, and Seller shall not sell, divert, grant, transfer or assign such Products or any right, claim, certificate or other attribute associated with such Products to any Person other than Buyer during the Term, except as otherwise expressly provided for in Section 4.1(b) or Section 19.7to the extent permitted pursuant to the terms of this Agreement. Seller shall not enter into any agreement or arrangement under which such Buyer’s Percentage Entitlement of the Products can be claimed by any Person other than Buyer. Buyer shall have the exclusive right to resell or convey the such Products in its sole discretion.‌discretion.