Greenhouse Gases. [Note: inclusion in Agreement dependent upon Buyer’s Compensation Rate selection pursuant to Section 4.3.] Notwithstanding Sections 9.1 and 9.2, Buyer shall reimburse Seller for taxes, charges or fees that are implemented after the Execution Date for Greenhouse Gas attributable to each Unit, within forty-five (45) days of Buyer’s receipt from Seller of documentation, in form and substance acceptable to Buyer, establishing that: (i) that Seller is actually liable for the tax, charge or fee for Greenhouse Gas attributed to the operation of the Unit during the Services Term; (ii) that the tax, charge, or fee was not effective or scheduled to become effective as of the Execution Date; (iii) the specific amount of the tax, charge, or fee; (iv) that the tax, charge or fee was imposed upon Seller by an authorized Governmental Authority with jurisdiction to impose the tax, charge or fee where the Unit is located, or which otherwise has jurisdiction over Seller or the Unit; (v) that Seller has paid the Government Authority identified under (iv) the full amount of the tax, charge or fee for which Seller seeks reimbursement from Buyer under this Section, and (vi) that Seller took all reasonable steps to mitigate the cost or amount of such tax, charge or fee, provided, the reasonable steps shall not be deemed to require Seller to make capital improvements to the Unit. In the event that Buyer reimburses Seller pursuant to this Section 9.3, and Seller receives any credits, allowances or similar item of value (“GHG Credit”) with respect to its Greenhouse Gas emissions, Seller shall transfer such GHG Credit to Buyer promptly upon receipt (to the extent possible under Law).
Appears in 5 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
