Common use of Scheduling and Delivery Clause in Contracts

Scheduling and Delivery. During the Delivery Term and in accordance with Section 4.1, Seller shall Schedule and Deliver Energy hereunder with ISO-NE in accordance with this Agreement and all ISO-NE Practices and ISO-NE Rules. Unless otherwise agreed to by Buyer and Seller, Seller shall transfer all of Buyer’s Percentage Entitlement of Energy of the Facility’s forecasted Energy production to Buyer in the Day-Ahead Energy Market, with deviations between forecasted and actual production being settled in the Real-Time Energy Market consistent with ISO-NE Rules and ISO-NE Practices at the time, and Buyer shall have no obligation to pay for any Energy not transferred to Buyer in the Day-Ahead Energy Market or Real-Time Energy Market or for which Buyer is not credited in the ISO-NE Settlement Market System (including, without limitation, as a result of an outage on any electric transmission system). The Parties agree to use commercially reasonable efforts to comply with all applicable ISO-NE Rules and ISO-NE Practices in connection with the Scheduling and Delivery of Energy hereunder. Penalties or similar charges assessed by a Transmission Provider and caused by Seller’s noncompliance with the Scheduling obligations set forth in this Section 4.2 shall be the responsibility of Seller. Without limiting the generality of this Section 4.2, Seller or the party with whom Seller contracts pursuant to Section 3.2(e) shall at all times during the Delivery Term be designated with ISO-NE as the “Lead Market Participant” (or any successor designation) for the Facility and shall be solely responsible for any obligations and liabilities imposed by NERC, the Interconnecting Utility, ISO-NE or under the ISO-NE Rules and ISO-NE Practices with respect to the Facility, including all charges, penalties, financial assurance obligations, losses, transmission charges, ancillary service charges, line losses, congestion charges and other ISO- NE or applicable system costs or charges associated with distribution and transmission (“ISO Charges”) to and at the Delivery Point, and Buyer shall be responsible for ISO Charges after the Delivery Point. To the extent a Party incurs such costs, charges, penalties or losses which are the responsibility of the other Party (including amounts not credited to ▇▇▇▇▇ as described in Section 4.2(a)), such Party shall reimburse the other Party for the same. Settlement in the ISO-NE energy market system will occur when Energy is supplied into Buyer’s ISO-NE settlement account at the Delivery Point. Seller shall be responsible for all charges, fees and losses required for Delivery of Energy from the Facility to the Delivery Point, including but not limited to (1) all non-PTF and/or distribution system losses,

Scheduling and Delivery. (a) During the Delivery Term and in accordance with Section 4.1Services Term, Seller shall Schedule and Deliver Deliveries of Energy hereunder with ISO-NE within the defined Operational Limitations of the Facility and in accordance with this Agreement and Agreement, all ISO-NE Practices and ISO-NE Rules, as applicable. Unless otherwise agreed to by Buyer and Seller, Seller shall transfer all of Buyer’s Percentage Entitlement of the Energy of the Facility’s forecasted Energy production to Buyer in the Day-Ahead Energy Market or Real-Time Energy Market, as reasonably agreed from time to time by Buyer and Seller and consistent with deviations between forecasted and actual production being settled prevailing electric industry practices at the time, in such a manner that Buyer may resell such Energy in the Day-Ahead Energy Market or Real-Time Energy Market consistent with ISO-NE Rules and ISO-NE Practices at the timeMarket Price, as applicable, and Buyer shall have no obligation to pay for any Energy not transferred to Buyer in the Day-Ahead Energy Market or Real-Time Energy Market or for which Buyer is not credited in the ISO-NE Settlement Market System (including, without limitation, as a result of an outage on any electric transmission system). In the event that the Locational Marginal Price (“LMP”) for the Energy at the Delivery Point is less than $0.00 per MWh in any hour, the payment to Seller for future deliveries of Energy shall be reduced by the difference between such negative LMP and $0.00 per MWh for that Energy for each such hour. (b) The Parties agree to use commercially reasonable efforts to comply with all applicable ISO-NE Rules and ISO-NE Practices in connection with the Scheduling and Delivery of Energy hereunder. Penalties or similar charges assessed by a Transmission Provider and caused by Seller’s noncompliance with the Scheduling obligations set forth in this Section 4.2 shall be the responsibility of Seller. . (c) Without limiting the generality of this Section 4.2, Seller or the party with whom Seller contracts pursuant to Section 3.2(e3.5(e) shall at all times during the Delivery Services Term be designated with ISO-NE as the “Lead Market Participant” (or any successor designation) for the Facility and shall be solely responsible for any obligations and liabilities imposed by NERC, the Interconnecting Utility, ISO-NE or under the ISO-NE Rules and ISO-NE Practices with respect to the Facility, including all charges, penalties, financial assurance obligations, losses, transmission charges, ancillary service charges, line losses, congestion charges and other ISO- ISO-NE or applicable system costs or charges associated with distribution and transmission (“ISO Charges”) to and at the Delivery Point, and Buyer shall be responsible for ISO Charges after the Delivery Pointincurred. To the extent a Party Buyer incurs such costs, charges, penalties or losses which are the responsibility of the other Party Seller, (including amounts not credited to ▇▇▇▇▇ as described the amount of the credit set forth in Section 4.2(a)), such Party the same shall reimburse be netted against the other Party subsequent invoice for the same. Settlement in the ISO-NE energy market system will occur when Energy is supplied into Buyer’s ISO-NE settlement account at the Delivery Point. Seller shall be responsible for all charges, fees and losses required for Delivery of Energy from the Facility to the Delivery Point, including but not limited to (1) all non-PTF and/or distribution system losses,Products.

Scheduling and Delivery. During the Delivery Term and in accordance with Section 4.1, Seller shall Schedule and Deliver Energy hereunder with ISO-NE and shall Deliver Products all in accordance with this Agreement and all ISO-NE Practices and ISO-NE Rules. Unless otherwise agreed to by Buyer and Seller, Seller shall transfer all of Buyer’s Percentage Entitlement of Energy of the Facility’s forecasted Energy production to Buyer in the Day-Ahead Energy Market, with deviations between forecasted and actual production being settled in the Real-Time Energy Market consistent with ISO-NE Rules and ISO-NE Practices at the time, time and Buyer shall have no obligation to pay for any Energy not transferred to Buyer in the Day-Ahead Energy Market or Real-Time Energy Market or for which Buyer is not credited in the ISO-NE Settlement Market System (including, without limitation, as a result of an outage on any electric transmission system). The Parties agree to use commercially reasonable efforts to comply with all applicable ISO-NE Rules and ISO-NE Practices in connection with the Scheduling and Delivery of Energy and other Products hereunder. Penalties or similar charges assessed by a Transmission Provider and caused by Seller’s noncompliance with the Scheduling obligations set forth in this Section 4.2 shall be the responsibility of Seller. Without limiting the generality of this Section 4.2, Seller or the party with whom Seller contracts pursuant to Section 3.2(e) shall at all times during the Delivery Term be designated with ISO-NE as the “Lead Market Participant” (or any successor designation) for the Facility and shall be solely responsible for any obligations and liabilities imposed by NERC, the Interconnecting Utility, ISO-NE or under the ISO-NE Rules and ISO-NE Practices with respect to the Facility, including all charges, penalties, financial assurance obligations, losses, transmission charges, ancillary service charges, line losses, congestion charges and other ISO- NE or applicable system costs or charges associated with distribution and transmission (“ISO Charges”) up to and at the Delivery Point, and Buyer shall be responsible for ISO Charges all of the foregoing after the Delivery Point. To the extent that a Party incurs such costs, charges, penalties or losses which are the responsibility of the other Party (including amounts not credited to ▇▇▇▇▇ such Party as described in Section 4.2(a)), such the other Party shall reimburse the other such Party for the same. Settlement in the ISO-NE energy market system will occur when Energy is and Wholesale Market Services are supplied into Buyer’s ISO-NE Settlement account. For Energy, this settlement account will occur at the Delivery PointISO-NE pricing node (“pnode”) for the Facility established in accordance with ISO-NE Rules. Seller shall be responsible for all charges, fees and losses required for Delivery of Products including the Delivery of Energy from the Facility to the Delivery Point, including but not limited to (1) all non-PTF and/or distribution system losses,, (2) all transmission and/or distribution interconnection charges associated with the Facility, and (3) the cost of Delivery of the Products to the Delivery Point, including all related administrative fees and non-PTF and/or distribution wheeling charges. Seller shall also apply for and schedule all such services.‌