Common use of SCE as Scheduling Coordinator Clause in Contracts

SCE as Scheduling Coordinator. At least thirty (30) days prior to the beginning of a Put Period, Seller shall take all actions and execute and deliver to SCE and the CAISO all documents necessary to authorize or designate SCE as Scheduling Coordinator (“SC”) for the Project with the CAISO effective as of the beginning of the Put Period. If SCE is not fully authorized as the SC for the Project as of the beginning of the Put Period and such delay is: due solely to Seller’s failure to comply with the terms of this Agreement and the CAISO Tariff related to authorizing SCE as SC, then until SCE is fully authorized as the SC for the Project, (A) SCE shall be entitled to the Product but (B) Seller shall not be entitled to any payment under this Agreement; due solely to SCE’s failure to comply with the terms of this Agreement and the CAISO Tariff related to authorizing SCE as SC, then, until SCE is fully authorized as the SC for the Project, (A) SCE shall not be entitled to the Product; and (B) the Storage Unit(s) shall be deemed to be available for the amount of the Contract Capacity that is unavailable or undeliverable due to such failure; or due to either failure of the CAISO to perform the actions necessary to authorize SCE as SC, or the failure of both Parties to comply with the terms of this Agreement and the CAISO Tariff with respect to authorizing SCE as SC, then, until SCE is fully authorized as the SC for the Project, (A) SCE shall not be entitled to the Product, and (B) Seller shall not be entitled to any payment under this Agreement. During a Put Period, Seller shall not authorize or designate any other party to act as SC, nor shall Seller perform for its own benefit the duties of SC, and Seller shall not revoke SCE’s authorization to act as SC unless agreed to in writing by SCE. SCE shall submit bids and schedules to the CAISO in accordance with the CAISO Tariff and, subject to Section 6.07 (Operational Notices), the Operating Restrictions. Seller shall reasonably cooperate with SCE in performing any actions necessary prior to the start of any Put Period to allow each Storage Unit to be (x) charged or dispatched (or otherwise scheduled to operate) for the first day of the Put Period and (y) reported to or scheduled with the CAISO pursuant to the CAISO Tariff, either through the CAISO’s outage management system or as otherwise required by the CAISO, as being in an outage at the commencement of the Put Period. All CAISO costs and revenues (including credits and other payments) associated with a dispatch or charge of the Storage Unit(s) on the first day of a Put Period that are received by Seller or it’s SC on the day prior to the Put Period shall be for SCE’s account. No later than two (2) weeks prior to the first day of a Put Period, Seller shall take all actions necessary with the CAISO and SCE to ensure that by the day immediately prior to the first (1st) day of the Put Period, the “Master File”, as defined by the CAISO Tariff, and the RMR Contract, if applicable, reflect the values that SCE deems appropriate based on the Operating Restrictions. If, at any time prior to the termination of this Agreement, any action or inaction of Seller, or a condition of any Storage Unit that could result in a revision to the Master File or to the operating restrictions set forth in an RMR Contract, then Seller shall promptly give Notice to SCE and shall use all reasonable efforts to maintain the Operating Restrictions exactly as they existed on the Effective Date. Seller is responsible for and shall pay SCE an “SC Set-Up Fee” equal to the initial costs (including the costs of SCE employees or agents) SCE incurs, as determined in SCE’s sole discretion, as a result of SCE being designated as the Project’s Scheduling Coordinator for the first Put Period, including the costs associated with the registration of the Project with the CAISO, and the installation, configuration, and testing of all equipment and software necessary for SCE to act as Scheduling Coordinator, Schedule the Project, or charge or discharge the Storage Unit(s); provided, the SC Set-Up Fee shall not exceed twenty thousand dollars ($20,000) and shall not be applicable to any other Put Period other than the first.

SCE as Scheduling Coordinator. At least thirty (30) days prior to the beginning of a Put Delivery Period, Seller shall take all actions and execute and deliver to SCE and the CAISO all documents necessary to authorize or designate SCE as Scheduling Coordinator (“SC”) for the Project with the CAISO effective as of the beginning of the Put Delivery Period. If SCE is not fully authorized as the SC for the Project as of the beginning of the Put Delivery Period and such delay is: due solely to Seller’s failure to comply with the terms of this Agreement and the CAISO Tariff related to authorizing SCE as SC, then until SCE is fully authorized as the SC for the Project, (Ai) SCE shall be entitled to the Product Product, but (Bii) Seller shall not be entitled to any payment under this Agreement; due solely to SCE’s failure to comply with the terms of this Agreement and the CAISO Tariff related to authorizing SCE as SC, then, until SCE is fully authorized as the SC for the Project, (Ai) SCE shall not be entitled to the Product; , and (Bii) the Storage Generating Unit(s) shall be deemed to be available for the amount of the Contract Capacity that is unavailable or undeliverable due to such failure; or due to either (x) CAISO failure of the CAISO to perform the actions necessary to authorize SCE as SC, or (y) the failure of both Parties to comply with the terms of this Agreement and the CAISO Tariff with respect to authorizing SCE as SC, then, until SCE is fully authorized as the SC for the Project, (Ai) SCE shall not be entitled to the Product, and (Bii) Seller shall not be entitled to any payment under this Agreement. During a Put Delivery Period, Seller shall not authorize or designate any other party to act as SC, nor shall Seller perform for its own benefit the duties of SC, and Seller shall not revoke SCE’s authorization to act as SC unless agreed to in writing by SCE. SCE shall submit bids and schedules to the CAISO in accordance with the CAISO Tariff and, subject to Section 6.07 (Operational Notices), the Operating RestrictionsTariff. Seller shall reasonably cooperate with SCE in performing any actions necessary prior to the start of any Put Delivery Period to allow each Storage Generating Unit to be (xi) charged or dispatched (or otherwise scheduled to operate) for the first day of the Put Delivery Period and (yii) reported to or scheduled with the CAISO pursuant to the CAISO Tariff, either through the CAISO’s outage management system SLIC or as otherwise required by the CAISO, as being in an outage at the commencement of the Put Delivery Period. All CAISO costs and revenues (including credits and other payments) associated with a dispatch or charge of the Storage Unit(s) Generating Unit on the first day of a Put Delivery Period that are received by Seller or it’s their SC on the day prior to the Put Delivery Period shall be for SCE’s account. No Furthermore, no later than two (2) weeks prior to the first day of a Put Delivery Period, Seller shall take all actions necessary with the CAISO and SCE to ensure that by the day immediately prior to the first (1st) day of the Put Delivery Period, the “Master File”, as defined by the CAISO Tariff, and the RMR ContractFile and, if applicable, the RMR Contract reflect the values that SCE deems appropriate based on the Operating RestrictionsRestrictions under this Agreement. If, at any time prior to the termination of this Agreement, any action or inaction of Seller, or a condition of any Storage Generating Unit that could result in a revision to the Master File or to the operating restrictions set forth in an RMR Contract, then Seller shall promptly give Notice to SCE and shall use all reasonable efforts to maintain the Operating Restrictions exactly as they existed on the Effective Date. Seller is responsible for and shall pay SCE an “SC Set-Up Fee” equal to the initial costs (including the costs of SCE employees or agents) SCE incurs, as determined in SCE’s sole discretion, as a result of SCE being designated as the Project’s Scheduling Coordinator for the first Put Delivery Period, including the costs associated with the registration of the Project with the CAISO, and the installation, configuration, and testing of all equipment and software necessary for SCE to act as Scheduling Coordinator, Coordinator or to Schedule the Project, or charge or discharge the Storage Unit(s); provided, the SC Set-Up up Fee shall not exceed twenty fifty thousand dollars ($20,00050,000.00) and shall not be applicable to any other Put Delivery Period other than the first.

SCE as Scheduling Coordinator. At least thirty (30) days prior to the beginning of a thea Put Delivery Period, Seller shall take all actions and execute and deliver to SCE and the CAISO all documents necessary to authorize or designate SCE as Scheduling Coordinator (“SC”) for the Project with the CAISO effective as of the beginning of the Put Delivery Period. If SCE is not fully authorized as the SC for the Project as of the beginning of the Put Delivery Period and such delay is: due solely to Seller’s failure to comply with the terms of this Agreement and the CAISO Tariff related to authorizing SCE as SC, then until SCE is fully authorized as the SC for the Project, (Ai) SCE shall be entitled to the Product Product, but (Bii) Seller shall not be entitled to any payment under this Agreement; due solely to SCE’s failure to comply with the terms of this Agreement and the CAISO Tariff related to authorizing SCE as SC, then, until SCE is fully authorized as the SC for the Project, (Ai) SCE shall not be entitled to the Product; , and (Bii) the Storage Generating Unit(s) shall be deemed to be available for the amount of the Contract Capacity that is unavailable or undeliverable due to such failure; or due to either (x) CAISO failure of the CAISO to perform the actions necessary to authorize SCE as SC, or (y) the failure of both Parties to comply with the terms of this Agreement and the CAISO Tariff with respect to authorizing SCE as SC, then, until SCE is fully authorized as the SC for the Project, (Ai) SCE shall not be entitled to the Product, and (Bii) Seller shall not be entitled to any payment under this Agreement. During a thea Put Delivery Period, Seller shall not authorize or designate any other party to act as SC, nor shall Seller perform for its own benefit the duties of SC, and Seller shall not revoke SCE’s authorization to act as SC unless agreed to in writing by SCE. SCE shall submit bids and schedules to the CAISO in accordance with the CAISO Tariff and, subject to Section 6.07 (Operational Notices), the Operating RestrictionsTariff. Seller shall reasonably cooperate with SCE in performing any actions necessary prior to the start of any theany Put Delivery Period to allow each Storage Generating Unit to be (xi) charged or dispatched (or otherwise scheduled to operate) for the first day of the Put Delivery Period and (yii) reported to or scheduled with the CAISO pursuant to the CAISO Tariff, either through the CAISO’s outage management system SLIC or as otherwise required by the CAISO, as being in an outage at the commencement of the Put Delivery Period. All CAISO costs and revenues (including credits and other payments) associated with a dispatch or charge of the Storage Unit(s) Generating Unit on the first day of a thea Put Delivery Period that are received by Seller or it’s their SC on the day prior to the Put Delivery Period shall be for SCE’s account. No Furthermore, no later than two (2) weeks prior to the first day of a thea Put Delivery Period, Seller shall take all actions necessary with the CAISO and SCE to ensure that by the day immediately prior to the first (1st) day of the Put Delivery Period, the “Master File”, as defined by the CAISO Tariff, and the RMR ContractFile and, if applicable, the RMR Contract reflect the values that SCE deems appropriate based on the Operating RestrictionsRestrictions under this Agreement. If, at any time prior to the termination of this Agreement, any action or inaction of Seller, or a condition of any Storage Generating Unit that could result in a revision to the Master File or to the operating restrictions set forth in an RMR Contract, then Seller shall promptly give Notice to SCE and shall use all reasonable efforts to maintain the Operating Restrictions exactly as they existed on the Effective Date. Seller is responsible for and shall pay SCE an “SC Set-Up Fee” equal to the initial costs (including the costs of SCE employees or agents) SCE incurs, as determined in SCE’s sole discretion, as a result of SCE being designated as the Project’s Scheduling Coordinator for the first Put Delivery Period, including the costs associated with the registration of the Project with the CAISO, and the installation, configuration, and testing of all equipment and software necessary for SCE to act as Scheduling Coordinator, Coordinator or to Schedule the Project, or charge or discharge the Storage Unit(s); provided, the SC Set-Up up Fee shall not exceed twenty fifty thousand dollars ($20,00050,000.00) and shall not be applicable to any other Put Delivery Period other than the first.