Common use of Telemetry System Clause in Contracts

Telemetry System. Seller is responsible for designing, furnishing, installing, maintaining and testing a real time Telemetry System in accordance with the CAISO Tariff provisions applicable to the Generating Facility. Seller has the right to request any exemption from such requirements from the CAISO so long as it is obtained pursuant to the CAISO Tariff. Notwithstanding anything to the contrary set forth in Section 3.09(a), if (i) the Generating Facility is an Existing CHP Facility, (ii) Buyer is the Scheduling Coordinator under this Agreement, and (iii) Buyer and Seller were, immediately before the Effective Date, parties to the Existing PPA, then, to the extent that Seller would be out of compliance with the CAISO Tariff as of the Term Start Date if Seller has not complied with Section 3.09(a) on or before the Term Start Date, Seller will not be in breach of this Agreement if Seller fully complies with Section 3.09(a) within 180 calendar days after the Effective Date; provided, however, that Seller must demonstrate progress toward compliance with the CAISO Tariff requirement set forth in Section 3.09(a) by complying with a milestone schedule specified by the CAISO in consultation with Seller for satisfaction of this requirement within the 180-calendar-day compliance period. Seller may request further extensions from the CAISO (pursuant to the CAISO Tariff) with respect to the requirement set forth in Section 3.09(a), which extensions, if approved by the CAISO, must be in writing and provided to Buyer by Seller upon Buyer’s request. Xxxxx agrees that, subject to the limitation set forth in Section 3.09(b) and upon the CAISO’s request, pending Seller compliance with Section 3.09(a), Buyer shall provide to the CAISO any telemetry data reasonably requested by the CAISO for operating information purposes.

Telemetry System. Seller is responsible for designing, furnishing, installing, maintaining and testing a real time Telemetry System in accordance with the CAISO Tariff provisions applicable to the Generating Facility. Seller has the right to request any exemption from such requirements from the CAISO so long as it is obtained pursuant to the CAISO Tariff. Notwithstanding anything to the contrary set forth in Section 3.09(a), if (i) the Generating Facility is an Existing CHP Qualifying Facility, (ii) Buyer is the Scheduling Coordinator under this Agreement, and (iii) Buyer and Seller were, immediately before the Effective Date, parties to the Existing PPA, then, to the extent that Seller would be out of compliance with the CAISO Tariff as of the Term Start Date if Seller has not complied with Section 3.09(a) on or before the Term Start Date, Seller will not be in breach of this Agreement if Seller fully complies with Section 3.09(a) within 180 calendar days after the Effective Date; provided, however, that Seller must demonstrate progress toward compliance with the CAISO Tariff requirement set forth in Section 3.09(a) by complying with a milestone schedule specified by the CAISO in consultation with Seller for satisfaction of this requirement within the 180-calendar-day compliance period. Seller may request further extensions from the CAISO (pursuant to the CAISO Tariff) with respect to the requirement set forth in Section 3.09(a), which extensions, if approved by the CAISO, must be in writing and provided to Buyer by Seller upon Buyer’s request. Xxxxx agrees that, subject to the limitation set forth in Section 3.09(b) and upon the CAISO’s request, pending Seller compliance with Section 3.09(a), Buyer shall provide to the CAISO any telemetry data reasonably requested by the CAISO for operating information purposes.