Common use of Resource Designation Clause in Contracts

Resource Designation. (i) Seller represents and warrants to Buyer that, as of the Effective Date, the Facility is eligible for the following resource designations with the Balancing Authority applicable to the Injection Portion: [ ]31. Seller shall notify Buyer promptly upon (A) the existence of any new resource designations for which the Facility is eligible and/or (B) any resource designations for which the Facility ceases to be eligible . Buyer shall be entitled to select the resource designation(s) (or for no resource designations to be made) for the Facility and Seller shall not register the Facility with the Balancing Authority except in accordance with such designation(s)selected by Buyer. From time to time (but not during the period of time commencing one hundred and eighty (180) Days prior to the expected Delivery Term Commencement Date (which date Seller shall communicate to Buyer in writing at least two hundred and ten (210) Days prior to such date) to and ending on the Delivery Term Commencement Date), Buyer may add, remove or change any such resource designation in accordance with this Section 7.3(b). Seller shall cause the applicable Balancing Authority to recognize and give effect to any designation (or addition or removal thereof or change thereto) made by Buyer pursuant to this Section 7.3(b) promptly upon receipt of notice thereof from Buyer (or, in the case of the initial designation by Buyer, such that the Facility has such designation in effect as of the Commercial Operation Date). (ii) To the extent that, in Buyer’s good faith judgment, the implementation of a resource designation selected by Buyer pursuant to this Section 7.3(b) requires modification or amendment of this Agreement or the development or implementation of, or agreement upon, protocols, procedures, processes, or terms and Buyer so requests in a written notification to Seller, the Parties shall make good faith efforts to negotiate and agree upon such modifications or amendments, and/or develop, agree upon, and implement such protocols, procedures, processes, or terms in a manner that preserves the relative positions of each Party and is consistent with the allocation of risks, costs and responsibilities hereunder, as expeditiously as practicable. Each Party shall conduct any and all negotiations in connection therewith in good faith and fully consistent with the rights and obligations of Buyer and Seller set forth this Agreement (including Section 7.3(e), Section 7.6 and Section 9.2). If Buyer and Seller do not make such 31 NTD: Applicable designations to be provided by Buyer. ▇▇▇▇▇ currently expects the Facility to be registered with MISO as a Dispatchable Intermittent Resource. modifications or amendments or agree upon such protocols, procedures, processes, or terms within thirty (30) Days after ▇▇▇▇▇’s request, ▇▇▇▇▇ may submit the matters in Dispute for resolution in accordance with the dispute resolution processes set forth in Article 18.

Resource Designation. (i) Seller represents and warrants to Buyer that, as of the Effective Date, the Facility is eligible for the following resource designations with the Balancing Authority applicable to the Injection Portion: [ ]3146. Seller shall notify Buyer promptly upon (A) the existence of any new resource designations (e.g., capacity resource, behind- the-meter resource, intermittent resource or other type of resource recognized by such Balancing Authority) for which the Facility is eligible from time to time and/or (B) any resource designations for which the Facility ceases to be eligible from time to time. If, as is the case on the Effective Date, the Facility is eligible for one or more resource designations with the Balancing Authority applicable to the Injection Portion , as determined by Buyer in Buyer’s good faith judgment, then Buyer shall be entitled to select the resource designation(s) (or for no resource designations to be made) for the Facility in such Balancing Authority and Seller shall not register the Facility with the such Balancing Authority except after receipt of notice of Buyer’s selected resource designation(s) and in accordance with such designation(s)selected designation(s), provided that ▇▇▇▇▇’s selection(s) comply with applicable Laws, as determined by Buyer in Buyer’s good faith judgment. From time to time (but not during the period of time commencing one hundred and eighty (180) Days prior to the expected Delivery Term Commencement Date (which date Seller shall communicate to Buyer in writing at least two hundred and ten (210) Days prior to such date) to and ending on the Delivery Term Commencement Date), Buyer may add, remove or change any such resource designation in accordance with this Section 7.3(b), provided that such addition, removal or change is permitted by applicable Laws at such time, as determined by ▇▇▇▇▇ in ▇▇▇▇▇’s good faith judgment. Seller shall cause the applicable Balancing Authority to recognize and give effect to any designation (or addition or removal thereof or change thereto) made by Buyer pursuant to this Section 7.3(b) promptly upon receipt of notice thereof from Buyer (or, in the case of the initial designation by Buyer, such that the Facility has such designation in effect as of the Commercial Operation Date) and maintain the same in effect throughout the remainder of the Delivery Term (except to the extent further modified by Buyer pursuant to this Section 7.3(b)). (ii) To the extent that, in Buyer’s good faith judgment, the implementation of a resource designation selected by Buyer pursuant to this Section 7.3(b) requires modification or amendment of this Agreement or the development or implementation of, or agreement upon, protocols, procedures, processes, or terms and Buyer so requests in a written notification to Seller, the Parties shall make good faith efforts to negotiate and agree upon such modifications or amendments, and/or develop, agree upon, and implement such protocols, procedures, processes, or terms in a manner that preserves the relative positions of each Party and is consistent with the allocation of risks, costs and responsibilities hereunder, as expeditiously as practicable. Each Party shall conduct any and all negotiations in connection therewith in good faith and fully consistent with the rights and obligations of Buyer and Seller set forth this Agreement (including Section 7.3(e), Section 7.6 and Section 9.2). If Buyer and Seller do not make such 31 NTD: Applicable designations to be provided by Buyer. ▇▇▇▇▇ currently expects the Facility to be registered with MISO as a Dispatchable Intermittent Resource. modifications or amendments or agree upon such protocols, procedures, processes, or terms within thirty (30) Days days after ▇▇▇▇▇’s request, ▇▇▇▇▇ Buyer may submit the matters in Dispute for resolution in accordance with the dispute resolution processes set forth in Article 18XVIII.

Resource Designation. (i) Seller represents and warrants to Buyer that, as of the Effective Date, the Facility is eligible for the following resource designations with the Balancing Authority applicable to the Injection Portion: [ ]3142. Seller shall notify Buyer promptly upon (A) the existence of any new resource designations (e.g., capacity resource, behind- the-meter resource, intermittent resource or other type of resource recognized by such Balancing Authority) for which the Facility is eligible from time to time and/or (B) any resource designations for which the Facility ceases to be eligible from time to time. If, as is the case on the Effective Date, the Facility is eligible for one or more resource designations with the Balancing Authority applicable to the Injection Portion , as determined by Buyer in Buyer’s good faith judgment, then Buyer shall be entitled to select the resource designation(s) (or for no resource designations to be made) for the Facility in such Balancing Authority and Seller shall not register the Facility with the such Balancing Authority except after receipt of notice of Buyer’s selected resource designation(s) and in accordance with such designation(s)selected designation(s), provided that Buyer’s selection(s) comply with applicable Laws, as determined by Buyer in Buyer’s good faith judgment. From time to time (but not during the period of time commencing one hundred and eighty (180) Days prior to the expected Delivery Term Commencement Date (which date Seller shall communicate to Buyer in writing at least two hundred and ten (210) Days prior to such date) to and ending on the Delivery Term Commencement Date), Buyer may add, remove or change any such resource designation in accordance with this Section 7.3(b), provided that such addition, removal or change is permitted by applicable Laws at such time, as determined by Buyer in Buyer’s good faith judgment. Seller shall cause the applicable Balancing Authority to recognize and give effect to any designation (or addition or removal thereof or change thereto) made by Buyer pursuant to this Section 7.3(b) promptly upon 42 NTD: Applicable designations to be provided by Buyer. Buyer currently expects the Facility to be registered with MISO as a Dispatchable Intermittent Resource. receipt of notice thereof from Buyer (or, in the case of the initial designation by Buyer, such that the Facility has such designation in effect as of the Commercial Operation Date) and maintain the same in effect throughout the remainder of the Delivery Term (except to the extent further modified by Buyer pursuant to this Section 7.3(b)). (ii) To the extent that, in Buyer’s good faith judgment, the implementation of a resource designation selected by Buyer pursuant to this Section 7.3(b) requires modification or amendment of this Agreement or the development or implementation of, or agreement upon, protocols, procedures, processes, or terms and Buyer so requests in a written notification to Seller, the Parties shall make good faith efforts to negotiate and agree upon such modifications or amendments, and/or develop, agree upon, and implement such protocols, procedures, processes, or terms in a manner that preserves the relative positions of each Party and is consistent with the allocation of risks, costs and responsibilities hereunder, as expeditiously as practicable. Each Party shall conduct any and all negotiations in connection therewith in good faith and fully consistent with the rights and obligations of Buyer and Seller set forth this Agreement (including Section 7.3(e), Section 7.6 and Section 9.2). If Buyer and Seller do not make such 31 NTD: Applicable designations to be provided by Buyer. ▇▇▇▇▇ currently expects the Facility to be registered with MISO as a Dispatchable Intermittent Resource. modifications or amendments or agree upon such protocols, procedures, processes, or terms within thirty (30) Days days after ▇▇▇▇▇Buyer’s request, ▇▇▇▇▇ Buyer may submit the matters in Dispute for resolution in accordance with the dispute resolution processes set forth in Article 18XVIII.

Resource Designation. (i) Seller represents and warrants to Buyer that, as of the Effective Date, the Facility is eligible for the following resource designations with the Balancing Authority applicable to the Injection Portion: [ ]31132. Seller shall notify Buyer promptly upon (A) the existence of any new resource designations (e.g., capacity resource, behind- the-meter resource, intermittent resource or other type of resource recognized by such Balancing Authority) for which the Facility is eligible from time to time and/or (B) any 132 NTD: Applicable designations to be provided by Buyer. ▇▇▇▇▇ currently expects the Facility to be registered with MISO as a Dispatchable Intermittent Resource. resource designations for which the Facility ceases to be eligible from time to time. If, as is the case on the Effective Date, the Facility is eligible for one or more resource designations with the Balancing Authority applicable to the Injection Portion , as determined by Buyer in Buyer’s good faith judgment, then Buyer shall be entitled to select the resource designation(s) (or for no resource designations to be made) for the Facility in such Balancing Authority and Seller shall not register the Facility with the such Balancing Authority except after receipt of notice of Buyer’s selected resource designation(s) and in accordance with such designation(s)selected designation(s), provided that ▇▇▇▇▇’s selection(s) comply with applicable Laws, as determined by Buyer in Buyer’s good faith judgment. From time to time (but not during the period of time commencing one hundred and eighty (180) Days prior to the expected Delivery Term Commencement Date (which date Seller shall communicate to Buyer in writing at least two hundred and ten (210) Days prior to such date) to and ending on the Delivery Term Commencement Date), Buyer may add, remove or change any such resource designation in accordance with this Section 7.3(b), provided that such addition, removal or change is permitted by applicable Laws at such time, as determined by ▇▇▇▇▇ in ▇▇▇▇▇’s good faith judgment. Seller shall cause the applicable Balancing Authority to recognize and give effect to any designation (or addition or removal thereof or change thereto) made by Buyer pursuant to this Section 7.3(b) promptly upon receipt of notice thereof from Buyer (or, in the case of the initial designation by Buyer, such that the Facility has such designation in effect as of the [Commercial Operation Date] 133 [Delivery Term Commencement Date] 134 ) and maintain the same in effect throughout the remainder of the Delivery Term (except to the extent further modified by Buyer pursuant to this Section 7.3(b)). (ii) To the extent that, in Buyer’s good faith judgment, the implementation of a resource designation selected by Buyer pursuant to this Section 7.3(b) requires modification or amendment of this Agreement or the development or implementation of, or agreement upon, protocols, procedures, processes, or terms and Buyer so requests in a written notification to Seller, the Parties shall make good faith efforts to negotiate and agree upon such modifications or amendments, and/or develop, agree upon, and implement such protocols, procedures, processes, or terms in a manner that preserves the relative positions of each Party and is consistent with the allocation of risks, costs and responsibilities hereunder, as expeditiously as practicable. Each Party shall conduct any and all negotiations in connection therewith in good faith and fully consistent with the rights and obligations of Buyer and Seller set forth this Agreement (including Section 7.3(e), Section 7.6 and Section 9.2). If Buyer and Seller do not make such 31 NTD: Applicable designations to be provided by Buyer. ▇▇▇▇▇ currently expects the Facility to be registered with MISO as a Dispatchable Intermittent Resource. modifications or amendments or agree upon such protocols, procedures, processes, or terms within thirty (30) Days days after ▇▇▇▇▇’s request, ▇▇▇▇▇ Buyer may submit the matters in Dispute for resolution in accordance with the dispute resolution processes set forth in Article 18XVIII. 133 NTD: Insert if the Facility is a developmental resource. 134 NTD: Insert if the Facility is not a developmental resource.

Resource Designation. (i) Seller represents and warrants to Buyer that, as of the Effective Date, the Facility is eligible for the following resource designations with the Balancing Authority applicable to the Injection Portion: [ ]31133. Seller shall notify Buyer promptly upon (A) the existence of any new resource designations (e.g., capacity resource, behind- the-meter resource, intermittent resource or other type of resource recognized by such Balancing Authority) for which the Facility is eligible from time to time and/or (B) any 133 NTD: Applicable designations to be provided by Buyer. Buyer currently expects the Facility to be registered with MISO as a Dispatchable Intermittent Resource. resource designations for which the Facility ceases to be eligible from time to time. If, as is the case on the Effective Date, the Facility is eligible for one or more resource designations with the Balancing Authority applicable to the Injection Portion , as determined by Buyer in Buyer’s good faith judgment, then Buyer shall be entitled to select the resource designation(s) (or for no resource designations to be made) for the Facility in such Balancing Authority and Seller shall not register the Facility with the such Balancing Authority except after receipt of notice of Buyer’s selected resource designation(s) and in accordance with such designation(s)selected designation(s), provided that Buyer’s selection(s) comply with applicable Laws, as determined by Buyer in Buyer’s good faith judgment. From time to time (but not during the period of time commencing one hundred and eighty (180) Days prior to the expected Delivery Term Commencement Date (which date Seller shall communicate to Buyer in writing at least two hundred and ten (210) Days prior to such date) to and ending on the Delivery Term Commencement Date), Buyer may add, remove or change any such resource designation in accordance with this Section 7.3(b), provided that such addition, removal or change is permitted by applicable Laws at such time, as determined by Buyer in Buyer’s good faith judgment. Seller shall cause the applicable Balancing Authority to recognize and give effect to any designation (or addition or removal thereof or change thereto) made by Buyer pursuant to this Section 7.3(b) promptly upon receipt of notice thereof from Buyer (or, in the case of the initial designation by Buyer, such that the Facility has such designation in effect as of the [Commercial Operation Date] 134 [Delivery Term Commencement Date] 135 ) and maintain the same in effect throughout the remainder of the Delivery Term (except to the extent further modified by Buyer pursuant to this Section 7.3(b)). (ii) To the extent that, in Buyer’s good faith judgment, the implementation of a resource designation selected by Buyer pursuant to this Section 7.3(b) requires modification or amendment of this Agreement or the development or implementation of, or agreement upon, protocols, procedures, processes, or terms and Buyer so requests in a written notification to Seller, the Parties shall make good faith efforts to negotiate and agree upon such modifications or amendments, and/or develop, agree upon, and implement such protocols, procedures, processes, or terms in a manner that preserves the relative positions of each Party and is consistent with the allocation of risks, costs and responsibilities hereunder, as expeditiously as practicable. Each Party shall conduct any and all negotiations in connection therewith in good faith and fully consistent with the rights and obligations of Buyer and Seller set forth this Agreement (including Section 7.3(e), Section 7.6 and Section 9.2). If Buyer and Seller do not make such 31 NTD: Applicable designations to be provided by Buyer. ▇▇▇▇▇ currently expects the Facility to be registered with MISO as a Dispatchable Intermittent Resource. modifications or amendments or agree upon such protocols, procedures, processes, or terms within thirty (30) Days days after ▇▇▇▇▇Buyer’s request, ▇▇▇▇▇ Buyer may submit the matters in Dispute for resolution in accordance with the dispute resolution processes set forth in Article 18XVIII. 134 NTD: Insert if the Facility is a developmental resource. 135 NTD: Insert if the Facility is not a developmental resource. [Delivery Term Commencement Date]137 and thereafter through the end of the Delivery Term, (i) the Balancing Authorit(y)(ies) applicable to the Electric Interconnection Point to recognize the Facility as a separate generating resource at the Electric Interconnection Point (and the Electric Interconnection Point as a separate node or other settlement point, with the Facility being the only source of energy injection at the Electric Interconnection Point) for settlement purposes (including that such Balancing Authorit(y)(ies) determine separately for settlement purposes the amount of Products actually generated by the Facility and delivered to the Electric Interconnection Point and, if applicable, recognize the Facility as a separate generating resource for tagging, scheduling, offering and bidding purposes) and (ii) [the Electric Interconnection Point to be within the Required Injection Transmission System] 138 [the Balancing Authorit(y)(ies) applicable to the Injection Portion to recognize the Facility as a separate generating resource at the Injection Point for settlement purposes (including that such Balancing Authorit(y)(ies) determine separately for settlement purposes the amount of Products actually generated by the Facility and delivered to the Injection Point and, if applicable, recognize the Facility as a separate generating resource for tagging, scheduling, offering and bidding purposes)]139. In initially making the arrangements contemplated by this Section 7.3(c) (and in any amendment, supplement or other modification of, or waiver or consent with respect to, or settlement of any dispute under or arising out of, such arrangements, to the extent reasonably expected to affect the items described in Section 6.2(b)), Seller shall keep Buyer reasonably apprised of the progress and shall obtain Buyer’s approval (not to be unreasonably withheld, conditioned or delayed) prior to entering into same.

Resource Designation. (i) Seller represents and warrants to Buyer that, as of the Effective Date, the Facility is eligible for the following resource designations with the Balancing Authority applicable to the Injection Portion: [ ]3148. Seller shall notify Buyer promptly upon (A) the existence of any new resource designations (e.g., capacity resource, behind- the-meter resource, intermittent resource or other type of resource recognized by such Balancing Authority) for which the Facility is eligible from time to time and/or (B) any resource designations for which the Facility ceases to be eligible from time to time. If, as is the case on the Effective Date, the Facility is eligible for one or more resource designations with the Balancing Authority applicable to the Injection Portion , as determined by Buyer in Buyer’s good faith judgment, then Buyer shall be entitled to select the resource designation(s) (or for no resource designations to be made) for the Facility in such Balancing Authority and Seller shall not register the Facility with the such Balancing Authority except after receipt of notice of Buyer’s selected resource designation(s) and in accordance with such designation(s)selected designation(s), provided that ▇▇▇▇▇’s selection(s) comply with applicable Laws, as determined by Buyer in Buyer’s good faith judgment. From time to time (but not during the period of time commencing one hundred and eighty (180) Days prior to the expected Delivery Term Commencement Date (which date Seller shall communicate to Buyer in writing at least two hundred and ten (210) Days prior to such date) to and ending on the Delivery Term Commencement Date), Buyer may add, remove or change any such resource designation in accordance with this Section 7.3(b), provided that such addition, removal or change is permitted by applicable Laws at such time, as determined by ▇▇▇▇▇ in ▇▇▇▇▇’s good faith judgment. Seller shall cause the applicable Balancing Authority to recognize and give effect to any designation (or addition or removal thereof or change thereto) made by Buyer pursuant to this Section 7.3(b) promptly upon receipt of notice thereof from Buyer (or, in the case of the initial designation by Buyer, such that the Facility has such designation in effect as of the Commercial Operation Date) and maintain the same in effect throughout the remainder of the Delivery Term (except to the extent further modified by Buyer pursuant to this Section 7.3(b)). (ii) To the extent that, in Buyer’s good faith judgment, the implementation of a resource designation selected by Buyer pursuant to this Section 7.3(b) requires modification or amendment of this Agreement or the development or implementation of, or agreement upon, protocols, procedures, processes, or terms and Buyer so requests in a written notification to Seller, the Parties shall make good faith efforts to negotiate and agree upon such modifications or amendments, and/or develop, agree upon, and implement such protocols, procedures, processes, or terms in a manner that preserves the relative positions of each Party and is consistent with the allocation of risks, costs and responsibilities hereunder, as expeditiously as practicable. Each Party shall conduct any and all negotiations in connection therewith in good faith and fully consistent with the rights and obligations of Buyer and Seller set forth this Agreement (including Section 7.3(e), Section 7.6 and Section 9.2). If Buyer and Seller do not make such 31 modifications or amendments or agree upon such protocols, procedures, processes, or terms within thirty (30) days after Buyer’s request, Buyer may submit the matters in 48 NTD: Applicable designations to be provided by Buyer. ▇▇▇▇▇ currently expects the Facility to be registered with MISO as a Dispatchable Intermittent Resource. modifications or amendments or agree upon such protocols, procedures, processes, or terms within thirty (30) Days after ▇▇▇▇▇’s request, ▇▇▇▇▇ may submit the matters in Dispute for resolution in accordance with the dispute resolution processes set forth in Article 18XVIII.