Common use of WREGIS Clause in Contracts

WREGIS. Seller shall, at its sole expense, but subject to the Compliance Cost Cap, take all actions and execute all documents or instruments necessary to ensure that all WREGIS Certificates associated with all Renewable Energy Credits corresponding to all Delivered Energy are issued and tracked for purposes of satisfying the requirements of the California Renewables Portfolio Standard and transferred in a timely manner to Buyer for Buyer’s sole benefit. Seller shall comply with all Laws, including, without limitation, the WREGIS Operating Rules, regarding the certification and transfer of such WREGIS Certificates to Buyer and Buyer shall be given sole title to all such WREGIS Certificates. Seller shall be deemed to have satisfied the warranty in section 3.1(k)(viii); provided that Seller fulfills its obligations under Sections 3.1(k)(i) through (vii) below. In addition: Prior to the Initial Energy Delivery Date, Seller shall register the Project with WREGIS and establish an account with WREGIS (“Seller’s WREGIS Account”), which Seller shall maintain until the end of the Delivery Term. Seller shall transfer the WREGIS Certificates using “Forward Certificate Transfers” (as described in the WREGIS Operating Rules) from Seller’s WREGIS Account to the WREGIS account(s) of Buyer or the account(s) of a designee that Buyer identifies by Notice to Seller (“Buyer’s WREGIS Account”). Seller shall be responsible for all expenses associated with registering the Project with WREGIS, establishing and maintaining Seller’s WREGIS Account, paying WREGIS Certificate issuance and transfer fees, and transferring WREGIS Certificates from Seller’s WREGIS Account to Buyer’s WREGIS Account. Seller shall cause Forward Certificate Transfers to occur on a monthly basis in accordance with the certification procedure established by the WREGIS Operating Rules. Since WREGIS Certificates will only be created for whole MWh amounts of Energy generated, any fractional MWh amounts (i.e., kWh) will be carried forward until sufficient generation is accumulated for the creation of a WREGIS Certificate. Seller shall, at its sole expense, ensure that the WREGIS Certificates for a given calendar month correspond with the Delivered Energy for such calendar month as evidenced by the Project’s metered data. Due to the ninety (90) day delay in the creation of WREGIS Certificates relative to the timing of invoice payment under Article 6, Buyer shall make an invoice payment for a given month in accordance Article 6 before the WREGIS Certificates for such month are formally transferred to Buyer in accordance with the WREGIS Operating Rules and this Section 3.1(k). Notwithstanding this delay, Buyer shall have all right and title to all such WREGIS Certificates upon payment to Seller in accordance with Article 6.

WREGIS. Seller, at its own cost and expense, shall register with, pay all fees required by, and comply with, all reporting and other requirements of WREGIS relating to the Project or RECs. Seller shall ensure that the Project will participate in and comply with, during the Term, all aspects of WREGIS. Seller shall, at its sole expense, but subject use WREGIS as required pursuant to the Compliance Cost CapWREGIS Operating Rules to effectuate the transfer of WREGIS Certificates to PacifiCorp, and transfer such WREGIS Certificates to PacifiCorp, in accordance with WREGIS reporting protocols and WREGIS Operating Rules. Seller shall promptly give PacifiCorp copies of all documentation it submits to WREGIS. Seller shall, at its sole expense, take all actions and execute all documents or instruments necessary to ensure that all WREGIS Certificates associated with all Renewable Energy Credits corresponding to all Delivered Energy Product are issued and tracked prior to Delivery for purposes of satisfying the requirements of the California Renewables Portfolio Standard and CEC Eligibility Guidelines and are transferred in a timely manner to Buyer PacifiCorp pursuant to Section 2.3(b) for BuyerPacifiCorp’s sole benefit. Seller shall comply with all Laws, including, without limitation, the WREGIS Operating Rules, regarding the certification and transfer of such WREGIS Certificates to Buyer PacifiCorp and Buyer PacifiCorp shall be given sole title to all such WREGIS Certificates. Seller shall be deemed to have satisfied the warranty in section 3.1(k)(viii); provided that Seller fulfills its obligations under Sections 3.1(k)(i) through (vii) below. In addition: Prior to the Initial Energy Delivery Date, Seller shall register the Project with WREGIS and establish an account with WREGIS (“Seller’s WREGIS Account”), which Seller shall maintain until the end of the Delivery Term. Seller shall transfer the WREGIS Certificates using “Forward Certificate Transfers” (as described in the WREGIS Operating Rules) from Seller’s WREGIS Account to the WREGIS account(s) of Buyer or the account(s) of a designee that Buyer identifies by Notice to Seller (“Buyer’s WREGIS Account”). Seller shall be responsible for all expenses associated with registering the Project with WREGIS, establishing and maintaining Seller’s WREGIS Accountaccount, paying WREGIS Certificate issuance and transfer fees, and transferring WREGIS Certificates from Seller’s WREGIS Account to BuyerPacifiCorp’s WREGIS account. During the Delivery Term, PacifiCorp shall establish and maintain PacifiCorp’s WREGIS Account. Seller shall cause Forward ensure that each WREGIS Certificate Transfers to occur on a monthly basis in accordance with the certification procedure established by the WREGIS Operating Rules. Since WREGIS Certificates will only be created for whole MWh amounts of Energy generated, any fractional MWh amounts (i.e., kWh) will be carried forward until sufficient generation is accumulated for the creation of a WREGIS Certificate. Seller shall, at its sole expense, ensure evidencing Product indicates that the WREGIS Certificates Certificate qualifies for a given calendar month correspond the California Renewables Portfolio Standard, as determined by the CEC, and that each certificate was created, produced or generated by an ERR with CEC Certification and Verification or such other designation as may be required in order to ensure compliance with the Delivered Energy for such calendar month as evidenced by the Project’s metered dataCalifornia Renewables Portfolio Standard and CEC Eligibility Guidelines. Due to the ninety (90) day delay in the creation of If WREGIS Certificates relative to the timing of invoice payment under Article 6, Buyer shall make an invoice payment for a given month in accordance Article 6 before the WREGIS Certificates for such month are formally transferred to Buyer in accordance with changes the WREGIS Operating Rules after the Execution Date or applies the WREGIS Operating Rules in a manner inconsistent with this Agreement after the Execution Date, the Parties promptly shall cooperate as reasonably required to cause and this Section 3.1(k). Notwithstanding this delay, Buyer shall have all right and title enable Seller to all such Deliver to PacifiCorp’s WREGIS Account the quantity of WREGIS Certificates upon payment corresponding to Seller RECs as set forth in accordance with Article 6Section 2.4(a) for each Contract Year.

WREGIS. Seller shallIn furtherance and not in limitation of Section 8.3, at its sole expense, but subject prior to the Compliance Cost Cap, take all actions and execute all documents or instruments necessary to ensure that all WREGIS Certificates associated with all Renewable Seller’s first delivery of Facility Energy Credits corresponding to all Delivered Energy are issued and tracked for purposes of satisfying the requirements of the California Renewables Portfolio Standard and transferred in a timely manner to Buyer for Buyer’s sole benefit. Seller shall comply with all Laws, including, without limitation, the WREGIS Operating Rules, regarding the certification and transfer of such WREGIS Certificates to Buyer and Buyer shall be given sole title to all such WREGIS Certificates. Seller shall be deemed to have satisfied the warranty in section 3.1(k)(viii); provided that Seller fulfills its obligations under Sections 3.1(k)(i) through (vii) below. In addition: Prior to the Initial Energy Delivery Datehereunder, Seller shall register the Project with WREGIS and establish an account with WREGIS (or any successor system) to evidence the transfer of any Environmental Attributes considered RECs under applicable law or any voluntary program (“Seller’s WREGIS AccountCertificates”)) associated with Facility Energy or Replacement Product in accordance with WREGIS reporting protocols and WREGIS Operating Rules and shall register the Facility with WREGIS. After the Facility is registered with WREGIS, which Seller shall maintain until the end of the Delivery Term. Seller shall transfer the WREGIS Certificates using “Forward Certificate Transfers” (as described in the WREGIS Operating Rules) from Seller’s WREGIS Account account to the WREGIS account(s) of Buyer or the account(s) of a designee that Buyer identifies by Notice to Seller (“each Buyer’s WREGIS Account”)accounts, as designated by each Buyer’s Authorized Representative, proportionately in accordance with the Buyers’ Percentage of Facility Output. Seller shall be responsible for all WREGIS Certificate issuance fees and WREGIS expenses - 48 - #4823-2509-6471v19 associated with registering the Project with WREGISFacility, establishing maintaining its account, acquiring and maintaining Seller’s WREGIS Account, paying WREGIS Certificate issuance arranging for a Qualified Reporting Entity (“QRE”) and transfer feesany applicable QRE agreements, and transferring WREGIS Certificates from to each Buyer, each such Buyer’s Authorized Representatives, or any other designees. Each Buyer shall be responsible for its WREGIS expenses associated with maintaining its own account, or the accounts of its designees, if any, and subsequent transferring or retiring by it of WREGIS Certificates, or Seller’s fees for the retirement of WREGIS Account to Certificates on behalf of any Buyer’s WREGIS Account. Seller shall cause Forward Certificate Transfers to occur on a monthly basis in accordance with the certification procedure established by the WREGIS Operating Rules. Since WREGIS Certificates will only be created for whole MWh amounts of Energy generated, any fractional MWh amounts (i.e., kWh) will be carried forward until sufficient generation is accumulated for the creation of a WREGIS Certificate. Seller shallresponsible for, at its sole expense, ensure validating and disputing data with WREGIS prior to WREGIS Certificate creation each Month. In the event that the WREGIS Certificates for a given calendar month correspond with the Delivered Energy for such calendar month as evidenced by the Projectis not in operation, or WREGIS does not track Seller’s metered data. Due to the ninety (90) day delay in the creation transfer of WREGIS Certificates to any Buyer’s Authorized Representative or its designees for purposes of any RECs attributed, accrued, realized, generated, produced, recognized or validated relative to the timing Facility Energy or Replacement Product, if any, or any Buyer chooses not to use WREGIS for any reason, Seller shall document the production and transfer of invoice payment RECs under Article 6this Agreement to such Buyer by delivering to such Buyer an attestation in substantially the form attached as Appendix D for the RECs associated with the Buyers’ Percentage of Facility Output, or Replacement Product, if any, measured in whole MWh, or by such other method as such Buyer shall make an invoice payment for a given month in accordance Article 6 before the WREGIS Certificates for such month are formally transferred to Buyer in accordance with the WREGIS Operating Rules and this Section 3.1(k). Notwithstanding this delay, Buyer shall have all right and title to all such WREGIS Certificates upon payment to Seller in accordance with Article 6designate.

WREGIS. Seller shallIn furtherance and not in limitation of Section 8.3, at its sole expense, but subject prior to the Compliance Cost Cap, take all actions and execute all documents or instruments necessary to ensure that all WREGIS Certificates associated with all Renewable Seller’s first delivery of Facility Energy Credits corresponding to all Delivered Energy are issued and tracked for purposes of satisfying the requirements of the California Renewables Portfolio Standard and transferred in a timely manner to Buyer for Buyer’s sole benefit. Seller shall comply with all Laws, including, without limitation, the WREGIS Operating Rules, regarding the certification and transfer of such WREGIS Certificates to Buyer and Buyer shall be given sole title to all such WREGIS Certificates. Seller shall be deemed to have satisfied the warranty in section 3.1(k)(viii); provided that Seller fulfills its obligations under Sections 3.1(k)(i) through (vii) below. In addition: Prior to the Initial Energy Delivery Datehereunder, Seller shall register the Project with WREGIS and establish an account with WREGIS (or any successor system) to evidence the transfer of any Environmental Attributes considered RECs under applicable law or any voluntary program (“Seller’s WREGIS AccountCertificates”)) associated with Facility Energy or Replacement Product in accordance with WREGIS reporting protocols and WREGIS Operating Rules and shall register the Facility with WREGIS. After the Facility is registered with WREGIS, which Seller shall maintain until the end of the Delivery Term. Seller shall transfer the WREGIS Certificates using “Forward Certificate Transfers” (as described in the WREGIS Operating Rules) from Seller’s WREGIS Account account to the WREGIS account(s) of Buyer or the account(s) of a designee that Buyer identifies by Notice to Seller (“each Buyer’s WREGIS Account”)accounts, as designated by each Buyer’s Authorized Representative, proportionately in accordance with the Buyers’ Percentage of Facility Output. Seller shall be responsible for all WREGIS Certificate issuance fees and WREGIS expenses associated with registering the Project with WREGISFacility, establishing maintaining its account, acquiring and maintaining Seller’s WREGIS Account, paying WREGIS Certificate issuance arranging for a Qualified Reporting Entity (“QRE”) and transfer feesany applicable QRE agreements, and transferring WREGIS Certificates from to each Buyer, each such Buyer’s Authorized Representatives, or any other designees. Each Buyer shall be responsible for its WREGIS expenses associated with maintaining its own account, or the accounts of its designees, if any, and subsequent transferring or retiring by it of WREGIS Certificates, or Seller’s fees for the retirement of WREGIS Account to Certificates on behalf of any Buyer’s WREGIS Account. Seller shall cause Forward Certificate Transfers to occur on a monthly basis in accordance with the certification procedure established by the WREGIS Operating Rules. Since WREGIS Certificates will only be created for whole MWh amounts of Energy generated, any fractional MWh amounts (i.e., kWh) will be carried forward until sufficient generation is accumulated for the creation of a WREGIS Certificate. Seller shallresponsible for, at its sole expense, ensure validating and disputing data with WREGIS prior to WREGIS Certificate creation each Month. In the event that the WREGIS Certificates for a given calendar month correspond with the Delivered Energy for such calendar month as evidenced by the Projectis not in operation, or WREGIS does not track Seller’s metered data. Due to the ninety (90) day delay in the creation transfer of WREGIS Certificates to any Buyer’s Authorized Representative or its designees for purposes of any RECs attributed, accrued, realized, generated, produced, recognized or validated relative to the timing Facility Energy or Replacement Product, if any, or any Buyer chooses not to use WREGIS for any reason, Seller shall document the production and transfer of invoice payment RECs under Article 6this Agreement to such Buyer by delivering to such Buyer an attestation in substantially the form attached as Appendix D for the RECs associated with the Buyers’ Percentage of Facility Output, or Replacement Product, if any, measured in whole MWh, or by such other method as such Buyer shall make an invoice payment for a given month in accordance Article 6 before the WREGIS Certificates for such month are formally transferred to Buyer in accordance with the WREGIS Operating Rules and this Section 3.1(k). Notwithstanding this delay, Buyer shall have all right and title to all such WREGIS Certificates upon payment to Seller in accordance with Article 6designate.

WREGIS. Seller shallIn furtherance and not in limitation of Section 8.3, at its sole expense, but subject prior to the Compliance Cost Cap, take all actions and execute all documents or instruments necessary to ensure that all WREGIS Certificates associated with all Renewable Seller’s first delivery of Facility Energy Credits corresponding to all Delivered Energy are issued and tracked for purposes of satisfying the requirements of the California Renewables Portfolio Standard and transferred in a timely manner to Buyer for Buyer’s sole benefit. Seller shall comply with all Laws, including, without limitation, the WREGIS Operating Rules, regarding the certification and transfer of such WREGIS Certificates to Buyer and Buyer shall be given sole title to all such WREGIS Certificates. Seller shall be deemed to have satisfied the warranty in section 3.1(k)(viii); provided that Seller fulfills its obligations under Sections 3.1(k)(i) through (vii) below. In addition: Prior to the Initial Energy Delivery Datehereunder, Seller shall (a) register the Project with WREGIS and establish for an account with WREGIS to evidence the creation, crediting, and transfer of WREGIS Certificates in accordance with WREGIS reporting protocols and WREGIS Operating Rules and (“Seller’s WREGIS Account”)b) register the Facility with WREGIS. After the Facility is registered with WREGIS, which Seller shall maintain until the end of the Delivery Term. Seller shall transfer the WREGIS Certificates using “the Forward Certificate Transfers” (Transfer method as described in the WREGIS Operating Rules) Rules from Seller’s WREGIS Account account to the WREGIS account(s) of Buyer or the account(s) of a designee that Buyer identifies by Notice to Seller (“each Buyer’s WREGIS Account”)accounts, as designated by each Buyer’s Authorized Representative, proportionately in accordance with such Xxxxx’s Percentage of Facility Output. Seller shall be responsible for all WREGIS Certificate issuance fees and WREGIS expenses associated with registering the Project with WREGISFacility, establishing maintaining its account, acquiring and maintaining Seller’s WREGIS Account, paying WREGIS Certificate issuance arranging for a Qualified Reporting Entity (“QRE”) and transfer feesany applicable QRE agreements, and transferring WREGIS Certificates from to each Buyer, each such Buyer’s Authorized Representatives, or any other designees. Each Buyer shall be responsible for its WREGIS expenses associated with maintaining its own account, or the accounts of its designees, if any, and subsequent transferring or retiring by it of WREGIS Certificates, or Seller’s fees for the retirement of WREGIS Account to Certificates on behalf of any Buyer’s WREGIS Account. Seller shall cause Forward Certificate Transfers to shall occur monthly based on a monthly basis in accordance with the certification procedure certificate creation timeline established by the WREGIS Operating Rules. Since WREGIS Certificates will only Seller shall be created for whole MWh amounts of Energy generated, any fractional MWh amounts (i.e., kWh) will be carried forward until sufficient generation is accumulated for the creation of a WREGIS Certificate. Seller shallresponsible for, at its sole expense, ensure validating and disputing data with WREGIS prior to WREGIS Certificate creation each Month. In the event that the WREGIS Certificates for a given calendar month correspond with the Delivered Energy for such calendar month as evidenced by the Projectis not in operation, or WREGIS does not track Seller’s metered data. Due to the ninety (90) day delay in the creation transfer of WREGIS Certificates to any Buyer’s Authorized Representative or its designees for purposes of any RECs attributed, accrued, realized, generated, produced, recognized or validated relative to the timing Facility Energy, or any Buyer chooses not to use WREGIS for any reason, Seller shall document the production and transfer of invoice payment RECs under Article 6this Agreement to such Buyer by delivering to such Buyer an attestation in substantially the form attached as Appendix B for the RECs associated with such Buyer’s Percentage of Facility Output, measured in whole MWh, or by such other method as such Buyer shall make an invoice payment for a given month in accordance Article 6 before the WREGIS Certificates for such month are formally transferred to Buyer in accordance with the WREGIS Operating Rules and this Section 3.1(k). Notwithstanding this delay, Buyer shall have all right and title to all such WREGIS Certificates upon payment to Seller in accordance with Article 6designate.

WREGIS. Seller shallIn furtherance and not in limitation of Section 8.3, at its sole expense, but subject prior to the Compliance Cost Cap, take all actions and execute all documents or instruments necessary to ensure that all WREGIS Certificates associated with all Renewable Seller’s first delivery of Facility Energy Credits corresponding to all Delivered Energy are issued and tracked for purposes of satisfying the requirements of the California Renewables Portfolio Standard and transferred in a timely manner to Buyer for Buyer’s sole benefit. Seller shall comply with all Laws, including, without limitation, the WREGIS Operating Rules, regarding the certification and transfer of such WREGIS Certificates to Buyer and Buyer shall be given sole title to all such WREGIS Certificates. Seller shall be deemed to have satisfied the warranty in section 3.1(k)(viii); provided that Seller fulfills its obligations under Sections 3.1(k)(i) through (vii) below. In addition: Prior to the Initial Energy Delivery Datehereunder, Seller shall register the Project with WREGIS and establish an account to evidence the transfer of any Environmental Attributes under applicable law or any voluntary program (“WREGIS Certificates”) associated with Facility Energy or Replacement Product in accordance with WREGIS (“Sellerreporting protocols and WREGIS Operating Rules and shall register the Facility with WREGIS. After the Facility is registered with WREGIS, at the option of Xxxxx’s WREGIS Account”)Authorized Representative, which Seller shall maintain until the end of the Delivery Term. Seller shall transfer the WREGIS Certificates using “the Forward Certificate Transfers” (Transfer method as described in the WREGIS Operating Rules) Rules from Seller’s WREGIS Account account to the WREGIS account(s) of Buyer or the account(s) of a designee that Buyer identifies by Notice to Seller (“BuyerXxxxx’s WREGIS Account”)accounts, as designated by Xxxxx’s Authorized Representative. Seller shall be responsible for all WREGIS Certificate issuance fees and WREGIS expenses associated with registering the Project with WREGISFacility, establishing maintaining its account, acquiring and maintaining Seller’s WREGIS Account, paying WREGIS Certificate issuance arranging for a Qualified Reporting Entity (“QRE”) and transfer feesany applicable QRE agreements, and transferring WREGIS Certificates from to Buyer, Xxxxx’s Authorized Representative, or any other designees. Buyer shall be responsible for its WREGIS expenses associated with maintaining its own account, or the accounts of its designees, if any, and subsequent transferring or retiring by it of WREGIS Certificates, or Seller’s fees for the retirement of WREGIS Account to Certificates on behalf of Buyer’s WREGIS Account. Seller shall cause Forward Certificate Transfers to shall occur monthly based on a monthly basis in accordance with the certification procedure certificate creation timeline established by the WREGIS Operating Rules. Since WREGIS Certificates will only Seller shall be created for whole MWh amounts of Energy generated, any fractional MWh amounts (i.e., kWh) will be carried forward until sufficient generation is accumulated for the creation of a WREGIS Certificate. Seller shallresponsible for, at its sole expense, ensure that the validating and disputing data with WREGIS Certificates for a given calendar month correspond with the Delivered Energy for such calendar month as evidenced by the Project’s metered dataprior to WREGIS Certificate creation each Month. Due In addition to the ninety (90) day delay foregoing, Seller shall document the production and transfer of Environmental Attributes under this Agreement to Buyer by delivering to Buyer an attestation in substantially the creation of WREGIS Certificates relative to form attached as Appendix D for the timing of invoice payment under Article 6Environmental Attributes associated with Facility Energy or Replacement Product, if any, measured in whole MWh, or by such other method as Buyer shall make an invoice payment for a given month in accordance Article 6 before the WREGIS Certificates for such month are formally transferred to Buyer in accordance with the WREGIS Operating Rules and this Section 3.1(k). Notwithstanding this delay, Buyer shall have all right and title to all such WREGIS Certificates upon payment to Seller in accordance with Article 6designate.

WREGIS. Seller shallIn furtherance and not in limitation of Section 8.3, at its sole expense, but subject prior to the Compliance Cost Cap, take all actions and execute all documents or instruments necessary to ensure that all WREGIS Certificates associated with all Renewable Seller’s first delivery of Facility Energy Credits corresponding to all Delivered Energy are issued and tracked for purposes of satisfying the requirements of the California Renewables Portfolio Standard and transferred in a timely manner to Buyer for Buyer’s sole benefit. Seller shall comply with all Laws, including, without limitation, the WREGIS Operating Rules, regarding the certification and transfer of such WREGIS Certificates to Buyer and Buyer shall be given sole title to all such WREGIS Certificates. Seller shall be deemed to have satisfied the warranty in section 3.1(k)(viii); provided that Seller fulfills its obligations under Sections 3.1(k)(i) through (vii) below. In addition: Prior to the Initial Energy Delivery Datehereunder, Seller shall (a) register the Project with WREGIS and establish for an account with WREGIS to evidence the creation, crediting, and transfer of WREGIS Certificates in accordance with WREGIS reporting protocols and WREGIS Operating Rules and (“Seller’s WREGIS Account”)b) register the Facility with WREGIS. After the Facility is registered with WREGIS, which Seller shall maintain until the end of the Delivery Term. Seller shall transfer the WREGIS Certificates using “the Forward Certificate Transfers” (Transfer method as described in the WREGIS Operating Rules) Rules from Seller’s WREGIS Account account to the WREGIS account(s) of Buyer or the account(s) of a designee that Buyer identifies by Notice to Seller (“each Buyer’s WREGIS Account”)accounts, as designated by each Buyer’s Authorized Representative, proportionately in accordance with such Buyer’s Percentage of Facility Output. Seller shall be responsible for all WREGIS Certificate issuance fees and WREGIS expenses associated with registering the Project with WREGISFacility, establishing maintaining its account, acquiring and maintaining Seller’s WREGIS Account, paying WREGIS Certificate issuance arranging for a Qualified Reporting Entity (“QRE”) and transfer feesany applicable QRE agreements, and transferring WREGIS Certificates from to each Buyer, each such Buyer’s Authorized Representatives, or any other designees. Each Buyer shall be responsible for its WREGIS expenses associated with maintaining its own account, or the accounts of its designees, if any, and subsequent transferring or retiring by it of WREGIS Certificates, or Seller’s fees for the retirement of WREGIS Account to Certificates on behalf of any Buyer’s WREGIS Account. Seller shall cause Forward Certificate Transfers to shall occur monthly based on a monthly basis in accordance with the certification procedure certificate creation timeline established by the WREGIS Operating Rules. Since WREGIS Certificates will only Seller shall be created for whole MWh amounts of Energy generated, any fractional MWh amounts (i.e., kWh) will be carried forward until sufficient generation is accumulated for the creation of a WREGIS Certificate. Seller shallresponsible for, at its sole expense, ensure validating and disputing data with WREGIS prior to WREGIS Certificate creation each Month. In the event that the WREGIS Certificates for a given calendar month correspond with the Delivered Energy for such calendar month as evidenced by the Projectis not in operation, or WREGIS does not track Seller’s metered data. Due to the ninety (90) day delay in the creation transfer of WREGIS Certificates to any Buyer’s Authorized Representative or its designees for purposes of any RECs attributed, accrued, realized, generated, produced, recognized or validated relative to the timing Facility Energy, or any Buyer chooses not to use WREGIS for any reason, Seller shall document the production and transfer of invoice payment RECs under Article 6this Agreement to such Buyer by delivering to such Buyer an attestation in substantially the form attached as Appendix B for the RECs associated with such Buyer’s Percentage of Facility Output, measured in whole MWh, or by such other method as such Buyer shall make an invoice payment for a given month in accordance Article 6 before the WREGIS Certificates for such month are formally transferred to Buyer in accordance with the WREGIS Operating Rules and this Section 3.1(k). Notwithstanding this delay, Buyer shall have all right and title to all such WREGIS Certificates upon payment to Seller in accordance with Article 6designate.

WREGIS. Seller shall, at its sole expense, but subject to the Compliance Cost Cap, take all actions In furtherance and execute all documents or instruments necessary to ensure that all WREGIS Certificates associated with all Renewable Energy Credits corresponding to all Delivered Energy are issued and tracked for purposes not in limitation of satisfying the requirements of the California Renewables Portfolio Standard and transferred in a timely manner to Buyer for Buyer’s sole benefit. Seller shall comply with all Laws, including, without limitation, the WREGIS Operating Rules, regarding the certification and transfer of such WREGIS Certificates to Buyer and Buyer shall be given sole title to all such WREGIS Certificates. Seller shall be deemed to have satisfied the warranty in section 3.1(k)(viii); provided that Seller fulfills its obligations under Sections 3.1(k)(i) through (vii) below. In addition: Prior to the Initial Energy Delivery DateSection 8.3, Seller shall (a) prior to Seller’s first delivery of Test Energy, register the Project with WREGIS and establish for an account with WREGIS to evidence the creation, crediting and transfer of WREGIS Certificates in accordance with WREGIS reporting protocols and WREGIS Operating Rules and (“Seller’s WREGIS Account”)b) within seventy-five (75) days after the Commercial Operation Date, which Seller shall maintain until register the end of Facility with WREGIS. After the Delivery Term. Facility is registered with WREGIS, Seller shall transfer the WREGIS Certificates using “the Forward Certificate Transfers” (Transfer method as described in the WREGIS Operating Rules) Rules from Seller’s WREGIS Account account to the WREGIS account(s) of Buyer or the account(s) of a designee that Buyer identifies by Notice to Seller (“Buyer’s WREGIS Account”)accounts, as designated by Buyer’s Authorized Representative. Seller shall be responsible for all WREGIS Certificate issuance fees and WREGIS expenses associated with registering the Project with WREGISFacility, establishing maintaining its account, acquiring and maintaining Seller’s WREGIS Account, paying WREGIS Certificate issuance arranging for a Qualified Reporting Entity (“QRE”) and transfer feesany applicable QRE agreements, and transferring WREGIS Certificates from Seller’s WREGIS Account to Buyer, Buyer’s Authorized Representative, or any other designees. Buyer shall be responsible for its WREGIS Accountexpenses associated with maintaining its own account, or the accounts of its designees, if any, and subsequent transferring or retiring by it of WREGIS Certificates. Seller shall cause Forward Certificate Transfers to shall occur monthly based on a monthly basis in accordance with the certification procedure certificate creation timeline established by the WREGIS Operating Rules. Since WREGIS Certificates will only Seller shall be created for whole MWh amounts of Energy generated, any fractional MWh amounts (i.e., kWh) will be carried forward until sufficient generation is accumulated for the creation of a WREGIS Certificate. Seller shallresponsible for, at its sole expense, ensure that the validating and disputing data with WREGIS prior to WREGIS Certificate creation each Month. Without limiting Seller’s obligation to create and deposit RECs, during any periods in which Seller is unable to provide WREGIS Certificates evidencing the transfer of Environmental Attributes to Buyer, Seller shall document the production and transfer of Environmental Attributes under this Agreement to Buyer by delivering to Buyer an attestation in substantially the form attached as Appendix D for the Environmental Attributes associated with Facility Energy or Replacement Energy, if any, measured in whole MWh. The foregoing attestation shall not be used as a substitute for WREGIS Certificates to fulfill any of Seller’s obligations under this Agreement. If Buyer accepts any WREGIS Certificate for a given calendar month correspond with the Delivered Energy Product and that Product is later deemed not to be RPS Compliant and EPS Compliant, Seller shall reimburse Buyer for such calendar month as evidenced by WREGIS Certificate at the Project’s metered data. Due to applicable Green EXHIBIT A-55 Attribute Price plus interest at the ninety Interest Rate within ten (9010) day delay in the creation Business Days after Seller is notified of WREGIS Certificates relative to the timing of invoice payment under Article 6, Buyer shall make an invoice payment for a given month in accordance Article 6 before the WREGIS Certificates for such month are formally transferred to Buyer in accordance with the WREGIS Operating Rules and this Section 3.1(k). Notwithstanding this delay, Buyer shall have all right and title to all such WREGIS Certificates upon payment to Seller in accordance with Article 6non-compliance.

WREGIS. Seller shallIn furtherance and not in limitation of Section 8.3, at its sole expense, but subject prior to the Compliance Cost Cap, take all actions and execute all documents or instruments necessary to ensure that all WREGIS Certificates associated with all Renewable Seller’s first delivery of Facility Energy Credits corresponding to all Delivered Energy are issued and tracked for purposes of satisfying the requirements of the California Renewables Portfolio Standard and transferred in a timely manner to Buyer for Buyer’s sole benefit. Seller shall comply with all Laws, including, without limitation, the WREGIS Operating Rules, regarding the certification and transfer of such WREGIS Certificates to Buyer and Buyer shall be given sole title to all such WREGIS Certificates. Seller shall be deemed to have satisfied the warranty in section 3.1(k)(viii); provided that Seller fulfills its obligations under Sections 3.1(k)(i) through (vii) below. In addition: Prior to the Initial Energy Delivery Datehereunder, Seller shall register the Project with WREGIS and establish an account to evidence the transfer of any Environmental Attributes under applicable law or any voluntary program (“WREGIS Certificates”) associated with Facility Energy or Replacement Product in accordance with WREGIS (“Sellerreporting protocols and WREGIS Operating Rules and shall register the Facility with WREGIS. After the Facility is registered with WREGIS, at the option of Buyer’s WREGIS Account”)Authorized Representative, which Seller shall maintain until the end of the Delivery Term. Seller shall transfer the WREGIS Certificates using “the Forward Certificate Transfers” (Transfer method as described in the WREGIS Operating Rules) Rules from Seller’s WREGIS Account account to the WREGIS account(s) of Buyer or the account(s) of a designee that Buyer identifies by Notice to Seller (“Buyer’s WREGIS Account”)accounts, as designated by Buyer’s Authorized Representative. Seller shall be responsible for all WREGIS Certificate issuance fees and WREGIS expenses associated with registering the Project with WREGISFacility, establishing maintaining its account, acquiring and maintaining Seller’s WREGIS Account, paying WREGIS Certificate issuance arranging for a Qualified Reporting Entity (“QRE”) and transfer feesany applicable QRE agreements, and transferring WREGIS Certificates from to Buyer, Buyer’s Authorized Representative, or any other designees. Buyer shall be responsible for its WREGIS expenses associated with maintaining its own account, or the accounts of its designees, if any, and subsequent transferring or retiring by it of WREGIS Certificates, or Seller’s fees for the retirement of WREGIS Account to Certificates on behalf of Buyer’s WREGIS Account. Seller shall cause Forward Certificate Transfers to shall occur monthly based on a monthly basis in accordance with the certification procedure certificate creation timeline established by the WREGIS Operating Rules. Since WREGIS Certificates will only Seller shall be created for whole MWh amounts of Energy generated, any fractional MWh amounts (i.e., kWh) will be carried forward until sufficient generation is accumulated for the creation of a WREGIS Certificate. Seller shallresponsible for, at its sole expense, ensure that the validating and disputing data with WREGIS Certificates for a given calendar month correspond with the Delivered Energy for such calendar month as evidenced by the Project’s metered dataprior to WREGIS Certificate creation each Month. Due In addition to the ninety (90) day delay foregoing, Seller shall document the production and transfer of Environmental Attributes under this Agreement to Buyer by delivering to Buyer an attestation in substantially the creation of WREGIS Certificates relative to form attached as Appendix D for the timing of invoice payment under Article 6Environmental Attributes associated with Facility Energy or Replacement Product, if any, measured in whole MWh, or by such other method as Buyer shall make an invoice payment for a given month in accordance Article 6 before the WREGIS Certificates for such month are formally transferred to Buyer in accordance with the WREGIS Operating Rules and this Section 3.1(k). Notwithstanding this delay, Buyer shall have all right and title to all such WREGIS Certificates upon payment to Seller in accordance with Article 6designate.