Common use of Environmental Attributes Clause in Contracts

Environmental Attributes. (a) All right, title and interest in and to all benefits or entitlements associated with decreased environmental impacts now or in the future, direct or indirect, arising as a result of, relating to or in connection with the electricity savings for which an incentive has been provided, and the right to quantify and register these, including any energy efficiency certificate, renewable energy certificate, credit, reduction right, offset, allocated pollution right, emission, reduction allowance (collectively, the “Electricity Savings Environmental Attributes”) will be allocated on a proportionate basis, with the IESO owning an amount equal to the total quantity of Electricity Savings Environmental Attributes multiplied by the Environmental Attribute Funding Percentage (the result being the “IESO Environmental Attributes”) and the Participant owning the remaining quantity of Electricity Savings Environmental Attributes (the “Participant Environmental Attributes”), where Environmental Attribute Funding Percentage means, in respect of an Eligible Measure purchased and installed, the total incentive amount provided to the Participant and funded by the IESO in respect of the Eligible Measure(s), divided by the total amount of actual costs incurred by the Participant that meet the eligibility requirements for such costs set out under these terms and conditions, multiplied by 100, and expressed as a percentage. (b) You agree to notify the IESO in writing prior to assigning, transferring, encumbering, submitting for compliance purposes, trading or otherwise using (collectively, “realizing”) any of the Participant Environmental Attributes, with such notice to include: (i) the quantity of Participant Environmental Attributes to which the Participant believes it is entitled; (ii) the quantity of Electricity Savings Environmental Attributes and the Environmental Attributes Funding Percentage used to determine the quantity of Participant Environmental Attributes; and (iii) supporting calculations and data used to determine the total quantity of Electricity Savings Environmental Attributes and the Environmental Attribute Funding Percentage. (c) You agree that all right, title and interest in and to all benefits or entitlements associated with the IESO Environmental Attributes are hereby transferred and assigned by the Participant to, or to the extent transfer or assignment is not permitted, held in trust for, the IESO and its successors and assigns. (d) The IESO will be entitled to unilaterally and without consent deal with such IESO Environmental Attributes in any manner it determines. You acknowledge that the IESO will contact the Participant prior to realizing on any IESO Environmental Attributes. (e) You agree that you will, from time to time, upon written direction of the IESO, take all such actions and do all such things necessary to: (i) effect the transfer and assignment to, or holding in trust for, the IESO all rights, title and interest in all IESO Environmental Attributes; and (ii) certify, obtain, qualify and register with the relevant authorities or agencies IESO Environmental Attributes that are created and allocated or credited pursuant to applicable laws and regulations from time to time for the purpose of transferring such IESO Environmental Attributes to the IESO. The Participant will be entitled to reimbursement by the IESO of the cost of complying with such a direction provided that the IESO, acting reasonably, has approved such cost of compliance in writing prior to the cost being incurred and provided that such reimbursement will be limited to: (x) the total amount of such cost of compliance that have been approved in advanced by the IESO, multiplied by (y) the applicable Environmental Attributes Funding Percentage.

Appears in 7 contracts

Sources: Participant Agreement, Small Business Program Participant Agreement, Participant Agreement

Environmental Attributes. (a) All right, title and interest in and to all benefits or entitlements associated with decreased environmental impacts now or in the future, direct or indirect, arising as a result of, relating to or in connection with the electricity savings for which an incentive has been providedpaid, and the right to quantify and register these, including any energy efficiency certificate, renewable energy certificate, credit, reduction right, offset, allocated pollution right, emission, reduction allowance (collectively, the “Electricity Savings Environmental Attributes”) will be allocated on a proportionate basis, with the IESO owning an amount equal to the total quantity of Electricity Savings Environmental Attributes multiplied by the Environmental Attribute Funding Percentage (the result being the “IESO Environmental Attributes”) and the Participant owning the remaining quantity of Electricity Savings Environmental Attributes (the “Participant Environmental Attributes”), where Environmental Attribute Funding Percentage means, in respect of an Eligible Measure purchased purchase and installed, the total incentive amount provided paid to the Participant and funded by the IESO in respect of the Eligible Measure(s)Measure, divided by the total amount of actual costs incurred by the Participant that meet the eligibility requirements for such costs set out under these terms and conditions, multiplied by 100, and expressed as a percentage. (b) You agree to The Participant shall notify the IESO in writing prior to assigning, transferring, encumbering, submitting for compliance purposes, trading or otherwise using (collectively, “realizing”) any of the Participant Environmental Attributes, with such notice to include: (i) the quantity of Participant Environmental Attributes to which the Participant believes it is entitled; (ii) the quantity of Electricity Savings Environmental Attributes and the Environmental Attributes Funding Percentage used to determine the quantity of Participant Environmental Attributes; and (iii) supporting calculations and data used to determine the total quantity of Electricity Savings Environmental Attributes and the Environmental Attribute Funding Percentage. (c) You agree The Participant agrees that all right, title and interest in and to all benefits or entitlements associated with the IESO Environmental Attributes are hereby transferred and assigned by the Participant to, or to the extent transfer or assignment is not permitted, held in trust for, the IESO and its successors and assigns. (d) The IESO will be entitled to unilaterally and without consent deal with such IESO Environmental Attributes in any manner it determines. You acknowledge that the IESO will contact the Participant prior to realizing on any IESO Environmental Attributes. (e) You agree The Participant agrees that you it will, from time to time, upon written direction of the IESO, take all such actions and do all such things necessary to: (i) effect the transfer and assignment to, or holding in trust for, the IESO all rights, title and interest in all IESO Environmental Attributes; and (ii) certify, obtain, qualify and register with the relevant authorities or agencies IESO Environmental Attributes that are created and allocated or credited pursuant to applicable laws and regulations from time to time for the purpose of transferring such IESO Environmental Attributes to the IESO. The Participant will be entitled to reimbursement by the IESO of the cost of complying with such a direction provided that the IESO, acting reasonably, has approved such cost of compliance in writing prior to the cost being incurred and provided that such reimbursement will be limited to: (x) the total amount of such cost of compliance that have been approved in advanced by the IESO, multiplied by (y) the applicable Environmental Attributes Funding Percentage.

Appears in 5 contracts

Sources: Participant Agreement, Participant Agreement, Participant Agreement

Environmental Attributes. (a) All right, title and interest in and to all benefits or entitlements associated with decreased environmental impacts now or in the future, direct or indirect, arising as a result of, relating to or in connection with the electricity savings for which an incentive has been providedpaid, and the right to quantify and register these, including any energy efficiency certificate, renewable energy certificate, credit, reduction right, offset, allocated pollution right, emission, reduction allowance (collectively, the “Electricity Savings Environmental Attributes”) will be allocated on a proportionate basis, with the IESO owning an amount equal to the total quantity of Electricity Savings Environmental Attributes multiplied by the Environmental Attribute Funding Percentage (the result being the “IESO Environmental Attributes”) and the Participant owning the remaining quantity of Electricity Savings Environmental Attributes (the “Participant Environmental Attributes”), where Environmental Attribute Funding Percentage means, in respect of an Eligible Measure purchased purchase and installed, the total incentive amount provided paid to the Participant and funded by the IESO in respect of the Eligible Measure(s)Measure, divided by the total amount of actual costs incurred by the Participant that meet the eligibility requirements for such costs set out under these terms and conditions, multiplied by 100, and expressed as a percentage. (b) You agree to The Participant shall notify the IESO in writing prior to assigning, transferring, encumbering, submitting for compliance purposes, trading or otherwise using (collectively, “realizing”) any of the Participant Environmental Attributes, with such notice to include: (i) the quantity of Participant Environmental Attributes to which the Participant believes it is entitled; (ii) the quantity of Electricity Savings Environmental Attributes and the Environmental Attributes Funding Percentage used to determine the quantity of Participant Environmental Attributes; and (iii) supporting calculations and data used to determine the total quantity of Electricity Savings Environmental Attributes and the Environmental Attribute Funding Percentage. (c) You agree The Participant agrees that all right, title and interest in and to all benefits or entitlements associated with the IESO Environmental Attributes are hereby transferred and assigned by the Participant to, or to the extent transfer or assignment is not permitted, held in trust for, the IESO and its successors and assigns. (d) The IESO will be entitled to unilaterally and without consent deal with such IESO Environmental Attributes in any manner it determines. You acknowledge that the IESO will contact the Participant prior to realizing on any IESO Environmental Attributes. (e) You agree The Participant agrees that you it will, from time to time, upon written direction of the IESO, take all such actions and do all such things necessary to: (i) effect the transfer and assignment to, or holding in trust for, the IESO all rights, title and interest in all IESO Environmental Attributes; and (ii) certify, obtain, qualify and register with the relevant authorities or agencies IESO Environmental Attributes that are created and allocated or credited pursuant to applicable laws and regulations from time to time for the purpose of transferring such IESO Environmental Attributes to the IESO. The Participant will be entitled to reimbursement by the IESO of the cost of complying with such a direction provided that the IESO, acting reasonably, has approved such cost of compliance in writing prior to the cost being incurred and provided that such reimbursement will be limited to: (x) the total amount of such cost of compliance that have been approved in advanced by the IESO, multiplied by (y) the applicable Environmental Attributes Funding Percentage.

Appears in 3 contracts

Sources: Monitoring and Targeting Agreement, Detailed Engineering Study Funding Contract, Small Capital Project Agreement

Environmental Attributes. (a) All right, title and interest in and to all benefits or entitlements associated with decreased environmental impacts now or in the future, direct or indirect, arising as a result of, relating to or in connection with the electricity savings for which an incentive has been providedpaid, and the right to quantify and register these, including any energy efficiency certificate, renewable energy certificate, credit, reduction right, offset, allocated pollution right, emission, or reduction allowance (collectively, the “Electricity Savings Environmental Attributes”) will be allocated on a proportionate basis, with the IESO owning an amount equal to the total quantity of Electricity Savings Environmental Attributes multiplied by the Environmental Attribute Funding Percentage (the result being the “IESO Environmental Attributes”) and the Participant owning the remaining quantity of Electricity Savings Environmental Attributes (the “Participant Environmental Attributes”), where Environmental Attribute Funding Percentage means, in respect of an Eligible eligible Measure purchased and installed, the total incentive amount provided paid to the Participant and funded by the IESO in respect of the Eligible Measure(s)Measure, divided by the total amount of actual costs incurred by the Participant that meet the eligibility requirements for such costs set out under these terms and conditions, multiplied by 100, and expressed as a percentage. (b) You agree to The Participant shall notify the IESO in writing prior to assigning, transferring, encumbering, submitting for compliance purposes, trading or otherwise using (collectively, “realizing”) any of the Participant Environmental Attributes, with such notice to include: : (i) the quantity of Participant Environmental Attributes to which the Participant believes it is entitled; (ii) the quantity of Electricity Savings Environmental Attributes and the Environmental Attributes Funding Percentage used to determine the quantity of Participant Environmental Attributes; and (iii) supporting calculations and data used to determine the total quantity of Electricity Savings Environmental Attributes and the Environmental Attribute Funding Percentage. (c) You agree The Participant agrees that all right, title and interest in and to all benefits or entitlements associated with the IESO Environmental Attributes are hereby transferred and assigned by the Participant to, or to the extent transfer or assignment is not permitted, held in trust for, the IESO and its successors and assigns. (d) The IESO will be entitled to unilaterally and without consent to deal with such IESO Environmental Attributes in any manner it determines. You acknowledge The Participant acknowledges that the IESO will contact the Participant prior to realizing on any IESO Environmental Attributes. (e) You agree The Participant agrees that you it will, from time to time, upon written direction of the IESO, take all such actions and do all such things necessary to: (i) effect the transfer and assignment to, or holding in trust for, the IESO all rights, title and interest in all IESO Environmental Attributes; and (ii) certify, obtain, qualify and register with the relevant authorities or agencies IESO Environmental Attributes that are created and allocated or credited pursuant to applicable laws and regulations from time to time for the purpose of transferring such IESO Environmental Attributes to the IESO. The Participant will be entitled to reimbursement by the IESO of the cost of complying with such a direction provided that the IESO, acting reasonably, has approved such cost of compliance in writing prior to the cost being incurred and provided that such reimbursement will be limited to: (x) the total amount of such cost of compliance that have been approved in advanced by the IESO, multiplied by (y) the applicable Environmental Attributes Funding Percentage.

Appears in 2 contracts

Sources: Participant Agreement, Participant Agreement

Environmental Attributes. (a) All right, title and interest in and to all benefits or entitlements associated with decreased environmental impacts now or in the future, direct or indirect, arising as a result of, relating to or in connection with the electricity savings for which an incentive has been providedpaid, and the right to quantify and register these, including any energy efficiency certificate, renewable energy certificate, credit, reduction right, offset, allocated pollution right, emission, reduction allowance (collectively, the “Electricity Savings Environmental Attributes”) will be allocated on a proportionate basis, with the IESO owning an amount equal to the total quantity of Electricity Savings Environmental Attributes multiplied by the Environmental Attribute Funding Percentage (the result being the “IESO Environmental Attributes”) and the Participant owning the remaining quantity of Electricity Savings Environmental Attributes (the “Participant Environmental Attributes”), where Environmental Attribute Funding Percentage means, in respect of an Eligible Measure purchased purchase and installed, the total incentive amount provided paid to the Participant and funded by the IESO in respect of the Eligible Measure(s)Measure, divided by the total amount of actual costs incurred by the Participant that meet the eligibility requirements for such costs set out under these terms and conditions, multiplied by 100, and expressed as a percentage. (b) You agree to The Participant shall notify the IESO in writing prior to assigning, transferring, encumbering, submitting for compliance purposes, trading or otherwise using (collectively, “realizing”) any of the Participant Environmental Attributes, with such notice to include: (i) the quantity of Participant Environmental Attributes to which the Participant believes it is entitled; (ii) the quantity of Electricity Savings Environmental Attributes and the Environmental Attributes Funding Percentage used to determine the quantity of Participant Environmental Attributes; and (iii) supporting calculations and data used to determine the total quantity of Electricity Savings Environmental Attributes and the Environmental Attribute Funding Percentage. (c) You agree The Participant agrees that all right, title and interest in and to all benefits or entitlements associated with the IESO Environmental Attributes are hereby transferred and assigned by the Participant to, or to the extent transfer or assignment is not permitted, held in trust for, the IESO and its successors and assigns. (d) The IESO will be entitled to unilaterally and without consent to deal with such IESO Environmental Attributes in any manner it determines. You acknowledge The Participant acknowledges that the IESO will contact the Participant prior to realizing on any IESO Environmental Attributes. (e) You agree The Participant agrees that you it will, from time to time, upon written direction of the IESO, take all such actions and do all such things necessary to: (i) effect the transfer and assignment to, or holding in trust for, the IESO all rights, title and interest in all IESO Environmental Attributes; and (ii) certify, obtain, qualify and register with the relevant authorities or agencies IESO Environmental Attributes that are created and allocated or credited pursuant to applicable laws and regulations from time to time for the purpose of transferring such IESO Environmental Attributes to the IESO. The Participant will be entitled to reimbursement by the IESO of the cost of complying with such a direction provided that the IESO, acting reasonably, has approved such cost of compliance in writing prior to the cost being incurred and provided that such reimbursement will be limited to: (x) the total amount of such cost of compliance that have been approved in advanced by the IESO, multiplied by (y) the applicable Environmental Attributes Funding Percentage.

Appears in 2 contracts

Sources: Participant Agreement, Participant Agreement

Environmental Attributes. (a) All right, title and interest Environmental Attributes arising in and to all benefits or entitlements associated with decreased environmental impacts now or in the future, direct or indirect, arising as a result of, relating to or in connection with the electricity savings respect of Electricity Savings for which an incentive Incentive has been provided, and the right to quantify and register these, including any energy efficiency certificate, renewable energy certificate, credit, reduction right, offset, allocated pollution right, emission, reduction allowance paid (collectively, the “Electricity Savings Environmental Attributes”) will be allocated on a proportionate basis, with the IESO owning an amount equal to the total quantity of Electricity Savings Environmental Attributes multiplied by the Environmental Attribute Funding Percentage (the result being the “IESO Environmental Attributes”) pursuant to Section 12.3(c) and the Participant owning the remaining quantity of Electricity Savings Environmental Attributes (the “Participant Environmental Attributes”), where . All other Environmental Attribute Funding Percentage means, Attributes arising in respect of an Eligible Measure purchased and installed, the total incentive amount provided relation to a Participant’s Facility will be owned by the Participant and funded by the IESO in respect of the Eligible Measure(s), divided by the total amount of actual costs incurred by the Participant that meet the eligibility requirements for such costs set out under these terms and conditions, multiplied by 100, and expressed as a percentagewill have no entitlement thereto. (b) You agree to The Participant will notify the IESO in writing prior to assigning, transferring, encumbering, submitting for compliance purposes, trading or otherwise using (collectively, “realizing”) any of the Participant Environmental Attributes, with such notice to include: (i) include a statement of the applicable quantity of Electricity Savings Environmental Attributes, the Funding Percentage and the resultant quantity of Participant Environmental Attributes to which the Participant believes it is entitled; (ii) . If the quantity IESO intends to realize on any of the IESO Environmental Attributes before the Participant has provided notice that the Participant will realize on the Participant Environmental Attributes, then the IESO will notify the Participant prior to the IESO realizing on any of the IESO Environmental Attributes. The Participant will provide such information and cooperation as may be reasonably requested by the IESO for the purposes of confirming the allocation of Electricity Savings Environmental Attributes and the Environmental Attributes Funding Percentage used pursuant to determine the quantity of Participant Environmental Attributes; and (iii) supporting calculations and data used to determine the total quantity of Electricity Savings Environmental Attributes and the Environmental Attribute Funding Percentagea notice delivered by either Party under this Section. (c) You agree that all rightThe Participant hereby grants, title transfers, conveys, assigns and interest in and to all benefits or entitlements associated with the IESO Environmental Attributes are hereby transferred and assigned by the Participant sets over to, or to the extent such transfer or assignment is not permitted, held holds in trust for, the IESO free and its successors clear of all liens, claims and assignsencumbrances other than those in favour of the IESO, all of the Participant’s right, title, benefit and interest in and to the IESO Environmental Attributes, and the IESO will own all right, title, benefit and interest in and to all IESO Environmental Attributes. (d) The IESO Participant will be entitled to unilaterally and without consent deal with such IESO Environmental Attributes in any manner it determines. You acknowledge that the IESO will contact the Participant prior to realizing on any IESO Environmental Attributes. (e) You agree that you will, from time to time, upon written direction of the IESO, take all such actions and do all such things necessary to: (i) effect to effect, as set out in Section 12.3(c), the transfer and assignment to, or holding in trust for, the IESO IESO, all rightsright, title title, benefit and interest in and to all IESO Environmental Attributes; and. (iie) The Participant will from time to time, upon written direction of the IESO, take all such actions and do all such things necessary to certify, obtain, qualify qualify, and register with the relevant authorities or agencies the IESO Environmental Attributes that are created and allocated or credited pursuant to applicable laws and regulations Applicable Law from time to time for the purpose purposes of transferring such the IESO Environmental Attributes to the IESOIESO in accordance with this Section 12.3. The Participant will be entitled to reimbursement by the IESO of the cost of complying with such a direction under this Section 12.3(e), provided that the IESO, acting reasonably, has approved such cost of compliance in writing prior to the cost being incurred and provided that such reimbursement will be limited to: (x) the total amount of such cost of compliance that have been approved in advanced by the IESO, multiplied by (y) the applicable Environmental Attributes Funding PercentageParticipant.

Appears in 1 contract

Sources: Master Program Agreement

Environmental Attributes. (a) All right, title and interest in and to all benefits or entitlements associated with decreased environmental impacts now or in the future, direct or indirect, arising as a result of, relating to or in connection with the electricity savings for which an incentive has been providedpaid, and the right to quantify and register these, including any energy efficiency certificate, renewable energy certificate, credit, reduction right, offset, allocated pollution right, emission, reduction allowance (collectively, the “Electricity Savings Environmental Attributes”) will be allocated on a proportionate basis, with the IESO owning an amount equal to the total quantity of Electricity Savings Environmental Attributes multiplied by the Environmental Attribute Funding Percentage (the result being the “IESO Environmental Attributes”) and the Participant owning the remaining quantity of Electricity Savings Environmental Attributes (the “Participant Environmental Attributes”), where Environmental Attribute Funding Percentage means, in respect of an Eligible eligible Measure purchased purchase and installed, the total incentive amount provided paid to the Participant and funded by the IESO in respect of the Eligible Measure(s)Measure, divided by the total amount of actual costs incurred by the Participant that meet the eligibility requirements for such costs set out under these terms and conditions, multiplied by 100, and expressed as a percentage. (b) You agree to The Participant shall notify the IESO in writing prior to assigning, transferring, encumbering, submitting for compliance purposes, trading or otherwise using (collectively, “realizing”) any of the Participant Environmental Attributes, with such notice to include: (i) the quantity of Participant Environmental Attributes to which the Participant believes it is entitled; (ii) the quantity of Electricity Savings Environmental Attributes and the Environmental Attributes Funding Percentage used to determine the quantity of Participant Environmental Attributes; and (iii) supporting calculations and data used to determine the total quantity of Electricity Savings Environmental Attributes and the Environmental Attribute Funding Percentage. (c) You agree The Participant agrees that all right, title and interest in and to all benefits or entitlements associated with the IESO Environmental Attributes are hereby transferred and assigned by the Participant to, or to the extent transfer or assignment is not permitted, held in trust for, the IESO and its successors and assigns. (d) The IESO will be entitled to unilaterally and without consent to deal with such IESO Environmental Attributes in any manner it determines. You acknowledge The Participant acknowledges that the IESO will contact the Participant prior to realizing on any IESO Environmental Attributes. (e) You agree The Participant agrees that you it will, from time to time, upon written direction of the IESO, take all such actions and do all such things necessary to: (i) effect the transfer and assignment to, or holding in trust for, the IESO all rights, title and interest in all IESO Environmental Attributes; and (ii) certify, obtain, qualify and register with the relevant authorities or agencies IESO Environmental Attributes that are created and allocated or credited pursuant to applicable laws and regulations from time to time for the purpose of transferring such IESO Environmental Attributes to the IESO. The Participant will be entitled to reimbursement by the IESO of the cost of complying with such a direction provided that the IESO, acting reasonably, has approved such cost of compliance in writing prior to the cost being incurred and provided that such reimbursement will be limited to: (x) the total amount of such cost of compliance that have been approved in advanced by the IESO, multiplied by (y) the applicable Environmental Attributes Funding Percentage.

Appears in 1 contract

Sources: Participant Agreement

Environmental Attributes. (a) All right, title and interest in and to all benefits or entitlements associated with decreased environmental impacts now or in the future, direct or indirect, arising as a result of, relating to or in connection with the electricity savings for which an incentive has been providedpaid, and the right to quantify and register these, including any energy efficiency certificate, renewable energy certificate, credit, reduction right, offset, allocated pollution right, emission, reduction allowance (collectively, the “Electricity Savings Environmental Attributes”) will be allocated on a proportionate basis, with the IESO owning an amount equal to the total quantity of Electricity Savings Environmental Attributes multiplied by the Environmental Attribute Funding Percentage (the result being the “IESO Environmental Attributes”) and the Participant owning the remaining quantity of Electricity Savings Environmental Attributes (the “Participant Environmental Attributes”), where Environmental Attribute Funding Percentage means, in respect of an Eligible Measure purchased purchase and installed, the total incentive amount provided paid to the Participant and funded by the IESO in respect of the Eligible Measure(s)Measure, divided by the total amount of actual costs incurred by the Participant that meet the eligibility requirements for such costs set out under these terms and conditions, multiplied by 100, and expressed as a percentage. (b) You agree to The Participant shall notify the IESO in writing prior to assigning, transferring, encumbering, submitting for compliance purposes, trading or otherwise using (collectively, “realizing”) any of the Participant Environmental Attributes, with such notice to include: (i) the quantity of Participant Environmental Attributes to which the Participant believes it is entitled; (ii) the quantity of Electricity Savings Environmental Attributes and the Environmental Attributes Funding Percentage used to determine the quantity of Participant Environmental Attributes; and (iii) supporting calculations and data used to determine the total quantity of Electricity Savings Environmental Attributes and the Environmental Attribute Funding Percentage.Savings (c) You agree The Participant agrees that all right, title and interest in and to all benefits or entitlements associated with the IESO Environmental Attributes are hereby transferred and assigned by the Participant to, or to the extent transfer or assignment is not permitted, held in trust for, the IESO and its successors and assigns. (d) The IESO will be entitled to unilaterally and without consent to deal with such IESO Environmental Attributes in any manner it determines. You acknowledge The Participant acknowledges that the IESO will contact the Participant prior to realizing on any IESO Environmental Attributes. (e) You agree The Participant agrees that you it will, from time to time, upon written direction of the IESO, take all such actions and do all such things necessary to: (i) effect the transfer and assignment to, or holding in trust for, the IESO all rights, title and interest in all IESO Environmental Attributes; and (ii) certify, obtain, qualify and register with the relevant authorities or agencies IESO Environmental Attributes that are created and allocated or credited pursuant to applicable laws and regulations from time to time for the purpose of transferring such IESO Environmental Attributes to the IESO. The Participant will be entitled to reimbursement by the IESO of the cost of complying with such a direction provided that the IESO, acting reasonably, has approved such cost of compliance in writing prior to the cost being incurred and provided that such reimbursement will be limited to: (x) the total amount of such cost of compliance that have been approved in advanced by the IESO, multiplied by (y) the applicable Environmental Attributes Funding Percentage.

Appears in 1 contract

Sources: Participant Agreement

Environmental Attributes. (a) All right, title and interest in and to all benefits or entitlements associated with decreased environmental impacts now or in the future, direct or indirect, arising as a result of, relating to or in connection with the electricity savings for which an incentive has been providedpaid, and the right to quantify and register these, including any energy efficiency certificate, renewable energy certificate, credit, reduction right, offset, allocated pollution right, emission, reduction allowance (collectively, the “Electricity Savings Environmental Attributes”) will be allocated on a proportionate basis, with the IESO owning an amount equal to the total quantity of Electricity Savings Environmental Attributes multiplied by the Environmental Attribute Funding Percentage (the result being the “IESO Environmental Attributes”) and the Participant owning the remaining quantity of Electricity Savings Environmental Attributes (the “Participant Environmental Attributes”), where Environmental Attribute Funding Percentage means, in respect of an Eligible Measure purchased purchase and installed, the total incentive amount provided paid to the Participant and funded by the IESO in respect of the Eligible Measure(s)Measure, divided by the total amount of actual costs incurred by the Participant that meet the eligibility requirements for such costs set out under these terms and conditions, multiplied by 100, and expressed as a percentage. (b) You agree to . The Participant shall notify the IESO in writing prior to assigning, transferring, encumbering, submitting for compliance purposes, trading or otherwise using (collectively, “realizing”) any of the Participant Environmental Attributes, with such notice to include: (i) the quantity of Participant Environmental Attributes to which the Participant believes it is entitled; (ii) the quantity of Electricity Savings Environmental Attributes and the Environmental Attributes Funding Percentage used to determine the quantity of Participant Environmental Attributes; and (iii) supporting calculations and data used to determine the total quantity of Electricity Savings Environmental Attributes and the Environmental Attribute Funding Percentage. (c) You agree . The Participant agrees that all right, title and interest in and to all benefits or entitlements associated with the IESO Environmental Attributes are hereby transferred and assigned by the Participant to, or to the extent transfer or assignment is not permitted, held in trust for, the IESO and its successors and assigns. (d) . The IESO will be entitled to unilaterally and without consent deal with such IESO Environmental Attributes in any manner it determines. You acknowledge that the IESO will contact the Participant prior to realizing on any IESO Environmental Attributes. (e) You agree . The Participant agrees that you it will, from time to time, upon written direction of the IESO, take all such actions and do all such things necessary to: (i) : effect the transfer and assignment to, or holding in trust for, the IESO all rights, title and interest in all IESO Environmental Attributes; and (ii) and certify, obtain, qualify and register with the relevant authorities or agencies IESO Environmental Attributes that are created and allocated or credited pursuant to applicable laws and regulations from time to time for the purpose of transferring such IESO Environmental Attributes to the IESO. The Participant will be entitled to reimbursement by the IESO of the cost of complying with such a direction provided that the IESO, acting reasonably, has approved such cost of compliance in writing prior to the cost being incurred and provided that such reimbursement will be limited to: (x) the total amount of such cost of compliance that have been approved in advanced by the IESO, multiplied by (y) the applicable Environmental Attributes Funding Percentage.

Appears in 1 contract

Sources: Monitoring and Targeting Agreement

Environmental Attributes. (a) All right, title and interest in and to all benefits or entitlements associated with decreased environmental impacts now or in the future, direct or indirect, arising as a result of, relating to or in connection with the electricity savings for which an incentive has been providedpaid, and the right to quantify and register these, including any energy efficiency certificate, renewable energy certificate, credit, reduction right, offset, allocated pollution right, emission, reduction allowance (collectively, the “Electricity Savings Environmental Attributes”) will be allocated on a proportionate basis, with the IESO owning an amount equal to the total quantity of Electricity Savings Environmental Attributes multiplied by the Environmental Attribute Funding Percentage (the result being the “IESO Environmental Attributes”) and the Participant owning the remaining quantity of Electricity Savings Environmental Attributes (the “Participant Environmental Attributes”), where Environmental Attribute Funding Percentage means, in respect of an Eligible Measure purchased purchase and installed, the total incentive amount provided paid to the Participant and funded by the IESO in respect of the Eligible Measure(s)Measure, divided by the total amount of actual costs incurred by the Participant that meet the eligibility requirements for such costs set out under these terms and conditions, multiplied by 100, and expressed as a percentage. (b) You agree to The Participant shall notify the IESO in writing prior to assigning, transferring, encumbering, submitting for compliance purposes, trading or otherwise using (collectively, “realizing”) any of the Participant Environmental Attributes, with such notice to include: (i) the quantity of Participant Environmental Attributes to which the Participant believes it is entitled; (ii) the quantity of Electricity Savings Environmental Attributes and the Environmental Attributes Funding Percentage used to determine the quantity of Participant Environmental Attributes; and (iii) supporting calculations and data used to determine the total quantity of Electricity Savings Environmental Attributes and the Environmental Attribute Funding Percentage. (c) You agree The Participant agrees that all right, title and interest in and to all benefits or entitlements associated with the IESO Environmental Attributes are hereby transferred and assigned by the Participant to, or to the extent transfer or assignment is not permitted, held in trust for, the IESO and its successors and assigns. (d) The IESO will be entitled to unilaterally and without consent deal with such IESO Environmental Attributes in any manner it determines. You acknowledge that the IESO will contact the Participant prior to realizing on any IESO Environmental Attributes. (e) You agree The Participant agrees that you it will, from time to time, upon written direction of the IESO, take all such actions and do all such things necessary to: (i) effect the transfer and assignment to, or holding in trust for, the IESO all rights, title and interest in all IESO Environmental Attributes; and (ii) certify, obtain, qualify and register with the relevant authorities or agencies IESO Environmental Attributes that are created and allocated or credited pursuant to applicable laws and regulations from time to time for the purpose of transferring such IESO Environmental Attributes to the IESO. The Participant will be entitled to reimbursement by the IESO of the cost of complying with such a direction provided that the IESO, acting reasonably, has approved such cost of compliance in writing prior to the cost being incurred and provided that such reimbursement will be limited to: (x) the total amount of such cost of compliance that have been approved in advanced by the IESO, multiplied by (y) the applicable Environmental Attributes Funding Percentage. .

Appears in 1 contract

Sources: Energy Manager Funding Agreement

Environmental Attributes. (a) All right, title and interest environmental attributes arising in and to all benefits or entitlements associated with decreased environmental impacts now or in the future, direct or indirect, arising as a result of, relating to or in connection with the respect of electricity savings for which an incentive Participant Incentives, equipment or appliance replacement or decommissioning has been providedfunded by the IESO, and whether existing now or arising in the right to quantify and register these, including any energy efficiency certificate, renewable energy certificate, credit, reduction right, offset, allocated pollution right, emission, reduction allowance future (collectively, the “Electricity Savings Environmental Attributeselectricity savings environmental attributes”) will be allocated on a proportionate basis, with the IESO owning an amount equal to the total quantity of Electricity Savings Environmental Attributes electricity savings environmental attributes multiplied by the Environmental Attribute Funding Percentage environmental attribute funding percentage (the result being the “IESO Environmental Attributesenvironmental attributes”) and the Participant owning the remaining quantity of Electricity Savings Environmental Attributes electricity savings environmental attributes (the “Participant Environmental Attributesenvironmental attributes”), where Environmental Attribute Funding Percentage means, . All other environmental attributes arising in respect of an Eligible Measure purchased and installed, the total incentive amount provided relation to a Participant will be owned by the Participant and funded by neither the LDC nor the IESO in respect of will have any entitlement to them. For all Participant Agreements that contain the Eligible Measure(s)provisions contemplated by this Article 14, divided by the total amount of actual costs incurred by the Participant that meet the eligibility requirements for such costs allocation set out under these terms and conditionsin this section 14.1 applies retroactively to electricity savings environmental attributes arising on or after January 1, multiplied by 100, and expressed as a percentage2015. (b) You agree to Each Participant Agreement will: (i) require that the Participant notify the IESO in writing prior to assigning, transferring, encumbering, submitting for compliance purposes, trading or otherwise using (collectively, “realizing”) any of the Participant Environmental Attributesenvironmental attributes, with such notice to include: (i) a statement of the quantity of Participant Environmental Attributes environmental attributes to which the Participant believes it is entitled; (ii) the quantity of Electricity Savings Environmental Attributes electricity savings environmental attributes and the Environmental Attributes Funding Percentage environmental attribute funding percentage used to determine the quantity of Participant Environmental Attributesenvironmental attributes; and (iii) supporting calculations and data used to determine the total quantity of Electricity Savings Environmental Attributes electricity savings environmental attributes and the Environmental Attribute Funding Percentageenvironmental attribute funding percentage; (ii) include an acknowledgment from the Participant that the IESO will contact the Participant prior to the IESO realizing on any of the IESO environmental attributes; and (iii) require that the Participant provide such information and cooperation as may be reasonably requested by the IESO for the purposes of confirming the allocation of electricity savings environmental attributes following a notification under Section 14.1(b)(i) or 14.1(b)(ii). (c) You agree that all right, title The LDC hereby transfers and interest in and to all benefits or entitlements associated with the IESO Environmental Attributes are hereby transferred and assigned by the Participant assigns to, or to the extent transfer or assignment is not permitted, held holds in trust for, the IESO all IESO environmental attributes, and its successors the IESO hereafter will own all rights, title, and assignsinterest in and to all IESO environmental attributes. (d) The IESO LDC will, and each Participant Agreement will be entitled to unilaterally and without consent deal with such IESO Environmental Attributes in any manner it determines. You acknowledge provide that the IESO will contact the Participant prior to realizing on any IESO Environmental Attributes. (e) You agree that you will, from time to time, upon written direction of the IESO, take all such actions and do all such things necessary to: (i) to effect the transfer and assignment to, or holding in trust for, the IESO IESO, all rights, title title, and interest in all IESO Environmental Attributes; andenvironmental attributes. (iie) The LDC will, and each Participant Agreement will provide that the Participant will, from time to time, upon written direction from the IESO, take all such actions and do all such things necessary to certify, obtain, qualify qualify, and register with the relevant authorities or agencies IESO Environmental Attributes environmental attributes that are created and allocated or credited pursuant to applicable laws and regulations from time to time for the purpose purposes of transferring such IESO Environmental Attributes environmental attributes to the IESOIESO in accordance with this section 14.1. The LDC will, and each Participant Agreement will provide that the Participant will, be entitled to reimbursement by the IESO of the cost of complying with such a direction under this section 14.1(e), provided that the IESO, acting reasonably, has approved such cost of compliance in writing prior to the cost being incurred and provided by the LDC or the Participant, respectively, subject to the following: (i) with respect to costs incurred by the Participant in complying with a direction under this section 14.1(e), the Participant Agreement will provide that such reimbursement the IESO will be limited reimburse the Participant for an amount equal to: (x) the total amount of such cost costs of compliance that have been approved in advanced advance by the IESO, multiplied by (y) the applicable Environmental Attributes Funding Percentageenvironmental attribute funding percentage; and (ii) with respect to incremental costs incurred by the LDC in complying with a direction under this section 14.1(e), subject to the requirement above for approval in advance by the IESO, the IESO will reimburse the LDC for an amount equal to the incremental costs approved in advance by the IESO multiplied by the applicable environmental attribute funding percentage, and the LDC may provide in the Participant Agreement that the Participant is responsible for reimbursing the LDC for the balance of such incremental costs.

Appears in 1 contract

Sources: Energy Conservation Agreement