Scheduling and Delivery. (a) During the Services Term, Seller shall Schedule Deliveries of Energy hereunder with ISO-NE within the defined Operational Limitations of the Facility and in accordance with this Agreement, all ISO-NE Practices and ISO-NE Rules, as applicable. Seller shall transfer the Energy to Buyer in the Day Ahead Energy Market or Real Time Energy Market, as applicable, in such a manner that Buyer may resell such Energy in the Day Ahead Energy Market or Real Time Energy Market, as applicable. (b) The Parties agree to use commercially reasonable efforts to comply with all applicable ISO-NE Rules and ISO-NE Practices in connection with the Scheduling and Delivery of Energy hereunder, subject to Section 19.5 of this Agreement; provided, however, that each Party shall be responsible for administrative actions that may be required of either or both Parties in their respective capacities as Buyer or Seller, in accordance with the ISO-NE Rules and ISO-NE Practices; and further provided that any costs or penalties that one Party may incur for failure by the other Party to comply with such administrative requirements shall be reimbursed by the non-performing Party; and further provided that failure to perform such administrative actions shall not be deemed an Event of Default. Penalties or similar charges assessed by a Transmission/Distribution Provider and caused by noncompliance with the Scheduling obligations set forth in this Section 4.2 shall be the responsibility of Seller. (c) Without limiting the generality of this Section 4.2, Seller, or Seller's agent, shall at all times during the Services Term be designated as the “Lead Market Participant” (or any successor designation) for the Facility and shall be solely responsible for any obligations and liabilities, including all charges, penalties and financial assurance obligations, imposed by ISO- NE or under the ISO-NE Rules and ISO-NE Practices with respect to the Facility.
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