Xxxxxxxx of Product. No later than the deadlines set forth in subsections (i) and (ii) below, Seller shall submit, or cause Seller’s SC(s) to submit: No later than ten (10) Business Days prior to Buyer’s Compliance Showing deadlines each year or Showing Month (as applicable), Notice to Buyer which shall include Seller’s Supply Plan for such year or Showing Month (as applicable) in (A) a form substantially similar to Exhibit F, or (B) a form as communicated in writing by Buyer to Seller no later than fifteen (15) Business Days prior to Buyer’s Compliance Showing deadlines for such year or Showing Month (as applicable). Such Supply Plan shall include the Qualifying Capacity for each PDR identified by Seller pursuant to Section 1.4(a)(i), the sum of which shall not exceed the Monthly Contracted Quantity. No later than ten (10) Business Days prior to the deadline for Seller’s Supply Plan submission in subsection (i) immediately above, the additional information required by the implementation guidelines set forth in D.00-00-000, Appendix A, as modified by D.00-00-000 and D.00-00-000, and set forth with more specificity in Exhibit G (the “QC Implementation Guidelines”), including the Qualifying Capacity for each PDR identified by Seller pursuant to Section 1.4(a)(i), presented in the standardized reporting format developed by the CPUC pursuant to Ordering Paragraph 8 of D.00-00-000. If the information provided pursuant to Exhibit G supports an estimated Qualifying Capacity greater than the amount of Qualifying Capacity Seller will identify for such PDR on the Supply Plan pursuant to Section 3.1(a)(i), Seller shall also provide such Supply Plan amount for such PDR. If Buyer has any questions or concerns about the information provided by Seller pursuant to this Section 3.1(a)(ii), Buyer shall, to the extent reasonably practicable, request clarification from Seller) and take into consideration any clarification or additional information timely provided by Seller. No later than eight (8) Business Days prior to Buyer’s Compliance Showing deadlines each year or Showing Month (as applicable), Buyer shall issue a Notice to Seller in the event Buyer intends to include in Buyer’s applicable compliance filings any amount less than the quantities in Seller’s Supply Plan submitted to Buyer (“QC De-Rate Notice”). The QC De-Rate Notice will include the amount of the de-rate to such quantities and will identify the shortcomings or deficiencies in the information provided by Seller pursuant to Secti...
Xxxxxxxx of Product. (a)No later than the deadlines set forth in subsections (i) and (ii) below, Seller shall submit, or cause Seller’s SC(s) to submit:
Xxxxxxxx of Product. Citigroup’s only grant of rights hereunder is with respect to the Marks as shown on the Products. Company shall look solely to Operator and such other third parties with any rights or title in and to the Product to supply the Product and grant any other rights thereto, and those Product-related accessories (as applicable) as the Company may require, and any other requirements with respect to the Product and Company’s use as contemplated hereunder. Company acknowledges and agrees that Citigroup is not the operator of the bicycle sharing pProgram or the manufacturer or servicer of any of the Products, and. Company is solely responsible for and shall make any all payments that may be necessary to Operator and such third parties with respect to Company’s use thereof, and shall not have or make any claim against Citigroup or its affiliated entities with respect to the acts or omissions of Operator or such third parties in connection therewith. For the avoidance of doubt, Citigroup shall not be responsible for any payment to Company or any other third party in connection herewith.
Xxxxxxxx of Product. No later than ten (10) Business Days prior to Buyer’s Compliance Showing deadlines each year or Showing Month (as applicable), Seller shall submit, or cause Seller’s SC(s) to submit Notice to Buyer which shall include Seller’s Supply Plan for such year or Showing Month (as applicable) in (A) a form substantially similar to Exhibit E, or (B) a form as communicated in writing by Buyer to Seller no later than fifteen (15) Business Days prior to Xxxxx’s Compliance Showing deadlines for such year or Showing Month (as applicable). Such Supply Plan shall include the Qualifying Capacity for each PDR identified by Seller pursuant to Section 1.4(a)(i), the sum of which shall not exceed the Monthly Contracted Quantity. Seller shall, on a timely basis, submit, or cause its SC to submit, the applicable Supply Plans to CAISO in accordance with the CAISO Tariff. The quantities in each Supply Plan submitted by the Seller to the Buyer under Section 3.1(a)(i) shall exactly match (i) the amount of the Monthly Contracted Quantity specified for the applicable Showing Month in Exhibit B and (ii) the quantities in each Supply Plan submitted by the Seller or its SC to the CAISO. If Seller fails to include the entire amount of the Monthly Contracted Quantity for any applicable Showing Month in its Supply Plan, then Seller shall be liable for damages and/or required to indemnify Buyer for any resulting penalties or fines pursuant to the terms of Section 3.5 hereof.
