Environmental Credits from Amended and Restated
THIS SECOND AMENDED AND RESTATED ENERGY SALES AGREEMENT (the Agreement), is made and entered into this 8th day of May, 2012, by and between Middletown Coke Company, LLC, a Delaware limited liability company (Middletown) and AK Steel Corporation, a Delaware corporation (AK Steel). This Agreement is a companion accord to the Amended and Restated Coke Purchase Agreement between Middletown and AK Steel dated August 31, 2009 (the Related Coke Purchase Agreement) and the Agreement Regarding Expedited Equipment Purchases dated as of March 4, 2008, as amended (the Equipment Agreement). Middletown and AK Steel are referred to individually herein as a Party and collectively as the Parties.
Environmental Credits. Middletown and AK shall ***** the economic value realized in respect of any tax credit (excluding any Section 45 Credit) or governmental incentive attributed to the ownership or operation of the Cogeneration Plant. Without limiting the foregoing, should green seals, environmental credits, C02 or other pollution emission rights or credits be available or awarded, Middletown and AK shall ***** the economic value realized in respect of all such rights or credits.