Common use of Resource Adequacy Clause in Contracts

Resource Adequacy. During the Delivery Term, Seller grants, pledges, assigns and otherwise commits to Buyer all of the Project's capacity up to the Net Rated Output Capacity (“Contract Capacity”) in order for Buyer to meet its resource adequacy requirements, as prescribed by the CPUC or the ISO (“Resource Adequacy Requirements). Seller recognizes that the Resource Adequacy Requirements have not been finalized by the CPUC and agrees that during the Delivery Term Seller shall comply with such requirements once finalized and adopted by the CPUC to ensure that Buyer may include this Transaction in meeting its Resource Adequacy Requirements. The Parties shall take all actions (including, but not limited to, amending the Agreement) and execute all documents or instruments necessary to enable Buyer to use the Contract Capacity during the Delivery Term to meet Buyer’s Resource Adequacy Requirements as ultimately determined by the CPUC. Seller represents and warrants to Buyer that Seller has not used, granted, pledged, assigned or otherwise committed any portion of the Contract Capacity to satisfy the Resource Adequacy Requirement of any party other than Buyer. Seller shall not use, grant, pledge, assign or otherwise commit any portion of the Contract Capacity to satisfy the Resource Adequacy Requirement of any party other than Buyer. (i) Performance Requirements/Performance Excuses.

Resource Adequacy. During the Delivery Term, Seller grants, pledges, assigns and otherwise commits to Buyer all of the Project's capacity up to the Net Rated Output full Contract Capacity (“Contract Capacity”) in order for Buyer to meet its resource adequacy requirements, as prescribed by the CPUC or the ISO (“Resource Adequacy Requirements”). Seller recognizes that the Resource Adequacy Requirements have not been finalized by the CPUC and agrees that during the Delivery Term Seller shall comply with such requirements once finalized and adopted by the CPUC to ensure that Buyer may include this Transaction in meeting its Resource Adequacy Requirements. The Parties shall take all actions (including, but not limited to, amending the Agreement) and execute all documents or instruments necessary to enable Buyer to use the Contract Capacity during the Delivery Term to meet Buyer’s Resource Adequacy Requirements as ultimately determined by the CPUC. Seller represents and warrants to Buyer that Seller has not used, granted, pledged, assigned or otherwise committed any portion of the Contract Capacity to satisfy the Resource Adequacy Requirement of any party other than Buyer. Seller shall not use, grant, pledge, assign or otherwise commit any portion of the Contract Capacity to satisfy the Resource Adequacy Requirement of any party other than Buyer. (i) Performance Requirements/Performance Excuses.