Common use of Other Attributes Clause in Contracts

Other Attributes. The Parties agree that this Agreement entitles NYSERDA to all Environmental Attributes of the Actual Production up to the Annual OREC Cap. Accordingly, Seller shall not sell, transfer, retire or otherwise dispose of any Environmental Attributes associated with the Actual Production during the Contract Term unless approved by NYSERDA or if such other Environmental Attributes are associated with energy produced in excess of the Annual OREC Cap. In the event that, because of the Environmental Attributes of the Actual Production, Seller becomes eligible, at no incremental cost to Seller other than de minimis administrative cost, for credits, allowances or other benefits under any emission-trading, emission-recordation, renewable energy, or other greenhouse gas emissions reduction regime other than the Clean Energy Standard and the Offshore Wind Standard (“Credits”), NYSERDA may request that Seller take all commercially reasonable actions necessary to apply for and secure such title to such Credits, to the maximum extent to which the Selected Project is entitled. Seller shall provide NYSERDA with evidence of taking such actions. NYSERDA and Seller shall reasonably cooperate to cause title to such Credits to be conveyed to NYSERDA after such title is secured by Seller.