Sale of Test Energy. During the period between the Effective Date and the Commercial Operation Date, Seller shall sell and make available to Buyer, and Buyer shall purchase and accept, all energy produced by the Facility during such period (the “Test Energy”) as if it were Net Energy. Seller shall provide the necessary Fuel, and Buyer shall pay Seller the price specified in Section 5.3, for such Test Energy.
Sale of Test Energy. Purchaser shall act as Seller’s agent for the purpose of marketing and selling energy which may be produced as a result of the testing of a Dedicated Unit, during performance testing in accordance with Section 11.1 (“Test Energy”), unless otherwise agreed by the Parties and consented to by Xxxxxxx. Subject to Purchaser’s timely receipt of the notice set forth in Section 11.1(a), Purchaser shall (i) provide and pay for Fuel to generate such Test Energy in accordance with Section 8; provided that Seller shall use Commercially Reasonable Efforts in accordance with its rights as purchaser under the Xxxxxxx PPA to cause Xxxxxxx to reimburse Seller (upon which Seller shall promptly reimburse Purchaser) for the Delivered Cost of such Fuel and (ii) pay Seller any amount received by Purchaser from its sale of Test Energy, net of any reasonable costs directly related to the sale of Test Energy. Purchaser shall use Commercially Reasonable Efforts to maximize the revenue obtained from marketing and selling Test Energy pursuant to this Section 11.2. In the event that the Parties agree and Xxxxxxx consents to Purchaser to market and sell Test Energy for its own account, Purchaser shall (i) provide and pay for Fuel to generate such Test Energy in accordance with Section 8; and (ii) retain any amount received by Purchaser from its sale of Test Energy.
Sale of Test Energy. Subject to Section 11.1(d), Purchaser shall act as Seller's agent for the purpose of marketing and selling energy which may be produced as a result of the initial testing of a Dedicated Unit or during performance testing in accordance with Section 11.1 ("TEST ENERGY"). Should Purchaser market and sell Test Energy, Purchaser shall (i) provide and pay for Fuel to generate such Test Energy in accordance with Section 8; PROVIDED that Seller shall reimburse Purchaser for the Delivered Cost of such Fuel and (ii) pay Seller any amount received by Purchaser from its sale of Test Energy, net of any reasonable costs directly related to the sale of Test Energy and a marketing fee of $1.00/MWh of Test Energy sold. Purchaser shall use Commercially Reasonable Efforts to maximize the revenue obtained from marketing and selling test energy pursuant to this Section 11.2.
Sale of Test Energy. Seller shall have the option to require Purchaser to act as Seller's agent for the purpose of marketing and selling energy which may be produced as a result of the initial commissioning of the Dedicated Unit or re-commissioning of any Dedicated Unit after a Scheduled Maintenance Outage or during performance testing in accordance with Section 11.1 ("Test Energy"). Should Seller require Purchaser to market and sell Test Energy, Purchaser shall (i) provide Fuel to generate such Test Energy; provided that Seller shall reimburse Purchaser for such Fuel at Purchaser's actual cost, plus $0.03 per MMBtu and (ii) pay Seller any amount received by Purchaser from its sale of Test Energy, net of any costs (as applicable) for transmission service, transmission losses, scheduling fees, Independent System Operator fees, ancillary services charges and a marketing fee of $0.25/MWh of Test Energy sold.
