Common use of Surplus RECs Clause in Contracts

Surplus RECs. If during the Delivery Term, the System produces RECs in excess of the Maximum Contract Quantity, Buyer at its sole discretion may offer to purchase, but is under no obligation to offer to purchase, such excess up to the total of such excess RECs at the Purchase Price and Seller may accept such offer, but is under no obligation to sell such excess RECs to Buyer. Seller may offer to sell any RECs in excess of the Maximum Contract Quantity to persons other than Buyer. For avoidance of doubt, Buyer shall have no rights or title to RECs that are in excess of the Maximum Contract Quantity under this Agreement unless such RECs are sold to Buyer, and unless already sold to Buyer, Seller may sell or transfer RECs in excess of the Maximum Contract Quantity to other parties.

Surplus RECs. If during the Delivery Term, the System produces RECs in excess of the Maximum Contract Quantity, Buyer at its sole discretion may offer to purchase, but is under no obligation to offer to purchase, such excess up to the total of such excess RECs at the Purchase Price and Seller may accept such offer, but is under no obligation to sell such excess RECs to Buyer. Seller may offer to sell any RECs in excess of the Maximum Contract Quantity to persons other than Buyer. For avoidance of doubt, Buyer Xxxxx shall have no rights or title to RECs that are in excess of the Maximum Contract Quantity under this Agreement unless such RECs are sold to Buyer, and unless already sold to Buyer, Seller may sell or transfer RECs in excess of the Maximum Contract Quantity to other parties.