Ti | = | Obligation to Sell and Purchase Energy Output |
1.Ti | = | (a) Conditional Obligation to Purchase |
1.sec | = | Seller shall achieve the Completion Date by no later than _______, or such later date permitted due to Force Majeure or any delay caused by Power Business Line. In any event, irrespective of Force Majeure, Seller shall achieve the Completion Date no later than _________. Breach of this Section 6(a) shall constitute an Event of Default as provided under Section 10(a)(1) and BPA may pursue remedies available to it including those available pursuant to Section 10(c). |
2.Ti | = | (b) Sale and Purchase |
2.sec | = | BPA shall purchase any or all Energy Output generated by the BPA Wind Turbines and delivered to the Point of Delivery prior to the Completion Date. Beginning on the Completion Date, and throughout the term of this Agreement, Seller shall supply from the Facility and sell to BPA, and BPA shall receive and purchase, the entire Energy Output of the BPA Wind Turbines in accordance with the terms of this Agreement. Seller shall deliver the Energy Output to, and make such Energy Output available to BPA at, the Point of Delivery. Neither Party shall curtail or interrupt delivery, acceptance, sale and/or purchase of Energy Output for economic reasons. |
3.Ti | = | (c) Point of Delivery |
3.sec | = | The Point of Delivery shall be at __________. |
4.Ti | = | (d) Exception |
4.sec | = | BPA shall not be obligated to purchase Energy Output that cannot be delivered due to disruptions, breakdowns, electrical system failures and/or mechanical failures, maintenance or repair, including, for reasons of Force Majeure, to the Facility Substation and/or the Grid; provided that such inability to deliver is not due, in whole or in part, to BPA’s negligence or its breach of, or default under, this Agreement or the Delivery Arrangements Agreement. As between BPA and Seller, Seller shall not be entitled to recover lost revenues for events covered in this Section 6(d) from BPA (other than as referred to in the proviso in the previous sentence). |
5.Ti | = | (e) Exclusions |
5.sec | = | The Parties acknowledge that the BPA Wind Turbines have the potential to produce substantial carbon dioxide credits and other environmental air quality credits and related emissions reduction credits or benefits (economic and otherwise) related to the generation of energy after Commercial Operation. The Parties agree that any and all such credits or benefits shall be the property of BPA. In furtherance of the foregoing, Seller hereby transfers to BPA all right, title and interest Seller has or will have in, to, and under such credits or benefits. Seller agrees to provide such further evidence of the right, title and interest of BPA in such credits or benefits, and such information with respect to such credits or benefits, as BPA shall reasonably request. |
= | [G/Z/ol-a/5] | |