Common use of Operating Characteristics and Environmental Compliance Clause in Contracts

Operating Characteristics and Environmental Compliance. Developer shall have no obligation to cause the Facility to be operated in a manner that would be inconsistent with or in violation of the NYISO Tariffs, NERC, NPCC or NYSRC rules or would cause Developer to violate the terms of any applicable environmental regulations, restrictions, orders or decrees or any operating permit, which determination shall be made by Developer in its reasonable discretion. Developer shall have the obligation to ensure that the Facility is operated in accordance with the NYISO Tariffs, NERC, NPCC or NYSRC rules and consistently with the terms of any applicable environmental regulations, restrictions, orders or decrees or any required operating permits.

Appears in 2 contracts

Sources: Nwa Agreement, Java Substation Nwa Agreement