Common use of Priority of Transaction Clause in Contracts

Priority of Transaction. Buyer shall have a Call Option to Schedule and Dispatch the Contract Quantity of Capacity and receive the associated Energy from the Facilities. To the extent Buyer does not exercise its Call Option to Schedule and Dispatch any portion of the Contract Quantity of Capacity on any given Day, Seller may sell to a third party the undispatched portion of the Energy associated with the Contract Quantity of Capacity. Seller’s obligations with respect to the sale of the Contract Quantity of Capacity and of the associated Energy shall have priority over all other sales of Capacity or Energy by Seller from the Facilities [with the exception of the use by Seller of the Facility Requirements; provided, however, that if under the Open Access Transmission Tariff of the Entergy System, or any successor tariff, the sale of the Contract Quantity of Capacity and associated Energy shall be entitled to priority over the Facility Requirements, then the sale of the Contract Quantity Capacity and associated Energy shall have priority over all Facility Requirements and all other sales of Capacity or Energy from the Facilities]. Seller agrees that, notwithstanding the Unit Contingent nature of the sale of the Contract Quantity of Capacity and the associated Energy under this Transaction, it will not curtail or otherwise reduce deliveries of the Contract Quantity of Capacity or associated Energy unless and until all other sales of Capacity or Energy from the Facilities have been completely curtailed[, except as provided above in respect of the Facility Requirements.]

Priority of Transaction. Buyer shall have a Call Option to Schedule and Dispatch the Contract Quantity of Capacity and receive the associated Energy from the Facilities. To the extent Buyer does not exercise its Call Option to Schedule and Dispatch any portion of the Contract Quantity of Capacity on any given Day, Seller may sell to a third party the undispatched portion of the Energy associated with the Contract Quantity of Capacity. Seller’s obligations with respect to the theThe sale of the Contract Quantity of Capacity and of the associated Energy shall have priority over all other sales of Capacity or Energy by Seller from the Facilities [with the exception of the use by Seller of the Facility Requirements; provided, however, that if under the Open Access Transmission Tariff of the Entergy System, or any successor tariff, the sale of the Contract Quantity of Capacity and associated Energy shall be entitled to priority over the Facility Requirements, then the sale of the Contract Quantity Capacity and associated Energy shall have priority over all Facility Requirements and all other sales of Capacity or Energy from the Facilities]. Seller agrees that, notwithstanding the Unit Contingent nature of the sale of the Contract Quantity of Capacity and the associated Energy under this Transaction, it will not curtail or otherwise reduce deliveries of the Contract Quantity of Capacity or associated Energy unless and until all other sales of Capacity or Energy from the Facilities have been completely curtailed[, except as provided above in respect of the Facility Requirements.]