Replacement Products. (a) Except as required by Section 4.3(b) and Section 6.1 with respect to Environmental Attributes and by Section 3.11 with respect to ZRCs, if Seller is not capable of providing the full availability of the Products as required hereunder, Seller shall have no right and shall not be permitted to provide Replacement Products as a substitute or replacement for the unavailable Products without the prior written consent of Buyer. Notwithstanding the foregoing, Seller may make a proposal or offer to Buyer to provide Replacement Products hereunder. In such event, Buyer may accept or reject, in its sole and absolute discretion, any such proposal or offer from Seller. (b) If Buyer receives a proposal or offer to provide Replacement Products according to Section 4.6(a), and Buyer, in its sole and absolute discretion, accepts such proposal or offer in writing, such Replacement Products shall constitute, for the period for which Buyer has agreed that Seller may provide such Replacement Products and subject to the other terms of such agreement, Replacement Products for all purposes hereunder, and, except to the extent the Parties have agreed otherwise in writing, Seller shall be obligated to provide such Replacement Products according to the terms of this Agreement at no additional cost or expense to Buyer.
Appears in 18 contracts
Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Replacement Products. (a) Except as required by Section 4.3(b) and Section 6.1 with respect to Environmental Attributes and by Section 3.11 with respect to ZRCsAttributes, if Seller is not capable of providing the full availability of the Products as required hereunder, Seller shall have no right and shall not be permitted to provide Replacement Products as a substitute or replacement for the unavailable Products without the prior written consent of Buyer. Notwithstanding the foregoing, Seller may make a proposal or offer to Buyer to provide Replacement Products hereunder. In such event, Buyer may accept or reject, in its sole and absolute discretion, any such proposal or offer from Seller.
(b) If Buyer receives a proposal or offer to provide Replacement Products according to Section 4.6(a), and Buyer, in its sole and absolute discretion, accepts such proposal or offer in writing, such Replacement Products shall constitute, for the period for which Buyer has agreed that Seller may provide such Replacement Products and subject to the other terms of such agreement, Replacement Products for all purposes hereunder, and, except to the extent the Parties have agreed otherwise in writing, Seller shall be obligated to provide such Replacement Products according to the terms of this Agreement at no additional cost or expense to Buyer.
Appears in 4 contracts
Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement