Purchase and Sale of Energy. Commencing January 3, 2003, Seller shall sell and deliver, or cause to be sold and delivered, and the Department shall purchase and receive, or cause to be purchased and received, the Energy at the Delivery Point, and the Department shall pay the Seller the Purchase Price. Seller will not use the CAISO Imbalance Energy market to provide Energy hereunder except in the circumstance where Seller has scheduled Energy from the Facility and the Facility trips off line. For each MWh of energy delivered to the Department and supplied by the Imbalance Energy market, Department will pay the Seller the lesser of the CAISO Imbalance Energy price or the Purchase Price. The Imbalance Energy price shall not include any penalties that may be imposed by CAISO. The Department’s obligation to purchase at the Purchase Price in any hour shall be limited to the lower of the contract Delivery Rate specified in Appendix A or the hourly scheduled delivery rate. Energy deliveries hereunder shall be on an hourly basis. In no event shall Seller over generate in any hour to meet the sales obligations arising during any other hour. Any unexcused failure to deliver Energy, including any failure to deliver for economic reasons, shall be an Event of Default. The Seller shall be responsible for any costs or imbalance charges imposed on or associated with the Energy up to the Delivery Point. The Department shall be responsible for any costs or charges imposed on or associated with the Energy or its receipt at and from the Delivery Point. In no event shall the Seller have the right to procure electric energy from sources other than the Facility for sale and delivery pursuant to this Agreement. The Seller shall ensure that the Seller’s Scheduling Coordinator directs the CAISO to deliver the Generating Plant’s monthly electric revenue meter data to the Department with the monthly invoice. In addition, Seller shall not generate energy from fossil fuels or non-renewable resources for the purpose of selling Energy to Buyer under this Agreement.
Appears in 4 contracts
Samples: Interim Energy Purchase Agreement, Interim Energy Purchase Agreement, Interim Energy Purchase Agreement
