Common use of System Operator Instructions Clause in Contracts

System Operator Instructions. Seller shall take all steps needed of it to implement and shall cooperate with Buyer in the implementation of all aspects of all System Operator Instructions. Seller shall immediately and fully comply with all System Operator Instructions, including without limitation all Control Instructions, Emergency Condition Instructions, and Force Majeure Instruction. Seller shall also immediately and fully comply with all Interconnection Instructions provided pursuant to the independent and separate Interconnection Agreement with the Transmission Operator. and Payments. Seller shall cooperate with Buyer to immediately and fully comply with all System Operator Instructions, and Seller hereby authorizes and grants to Buyer the right to control the Facility in any manner necessary to enable Buyer to take any actions required to implement or effectuate any System Operator Instruction. In order to implement the control rights authorized in this Section 8.6, Seller shall design and construct the Facility to provide Buyer with full control capabilities over the Facility, and Seller shall install and maintain the equipment set forth in Exhibit 4 so as to enable Buyer to have full control over the Facility to take any action based in any manner on or in response to an System Operator Instruction. If the System Operator requires the Facility to reduce or stop the generation of Energy pursuant to a System Operator Instruction (such reductions or cessations of Energy, the “Dispatch Down” of production by the Facility), Buyer shall pay Seller the amount set forth below if, and only if: (i) the Facility was operating at the time of the Dispatch Down instruction, and was required to and actually reduced Energy production pursuant to a Dispatch Down instruction; (ii) the actual reduction of Energy generation by the 5% ( ) Facility due to Dispatch Down instructions exceeds [ ] MWh (the “Dispatch Down Payment Threshold”) in a calendar year (January – December); and, (iii) the Dispatch Down instruction was not due to an Emergency Condition or Force Majeure event (the foregoing items (i)-(iii), collectively, the “Dispatch Down Payment Event”). 8.6.1. Seller hereby expressly agrees to and fully authorizes and grants to Buyer the right to fully control the Facility in any manner necessary to enable Buyer to directly take all actions required to implement or otherwise effectuate all System Operator Instructions, including Control Instructions, Emergency Condition Instructions, and Force Majeure Instructions. Except for the payments provided by Buyer pursuant to Section 8.9 hereof, Seller hereby releases and holds Buyer harmless from and against all harm to Seller or the Facility in any way arising from or relating to any direct or indirect control of the Facility by Buyer to implement or otherwise effectuate any System Operator Instructions except to the extent resulting from the negligence of Buyer, its agents or Affiliates.

System Operator Instructions. Seller shall take all steps needed of it to implement and shall cooperate with Buyer in the implementation of all aspects of all System Operator Instructions. Seller shall immediately and fully comply with all System Operator Instructions, including without limitation all Control Instructions, Emergency Condition Instructions, and Force Majeure Instruction. Seller shall also immediately and fully comply with all Interconnection Instructions provided pursuant to the independent and separate Interconnection Agreement with the Transmission Operator. and Payments. Seller shall cooperate with Buyer to immediately and fully comply with all System Operator Instructions, and Seller hereby authorizes and grants to Buyer the right to control the Facility in any manner necessary to enable Buyer to take any actions required to implement or effectuate any System Operator Instruction. In order to implement the control rights authorized in this Section 8.6, Seller shall design and construct the Facility to provide Buyer with full control capabilities over the Facility, and Seller shall install and maintain the equipment set forth in Exhibit 4 so as to enable Buyer to have full control over the Facility to take any action based in any manner on or in response to an System Operator Instruction. If the System Operator requires the Facility to reduce or stop the generation of Energy pursuant to a System Operator Instruction (such reductions or cessations of Energy, the “Dispatch Down” of production by the Facility), Buyer shall pay Seller the amount set forth below if, and only if: (i) the Facility was operating at the time of the Dispatch Down instruction, and was required to and actually reduced Energy production pursuant to a Dispatch Down instruction; (ii) the actual reduction of Energy generation by the 5% ( ) Facility due to Dispatch Down instructions exceeds [ 5% ( )] MWh (the “Dispatch Down Payment Threshold”) in a calendar year (January – December); and, (iii) the Dispatch Down instruction was not due to an Emergency Condition or Force Majeure event (the foregoing items (i)-(iii), collectively, the “Dispatch Down Payment Event”). 8.6.1. Seller hereby expressly agrees to and fully authorizes and grants to Buyer the right to fully control the Facility in any manner necessary to enable Buyer to directly take all actions required to implement or otherwise effectuate all System Operator Instructions, including Control Instructions, Emergency Condition Instructions, and Force Majeure Instructions. Except for the payments provided by Buyer pursuant to Section 8.9 hereof, Seller hereby releases and holds Buyer harmless from and against all harm to Seller or the Facility in any way arising from or relating to any direct or indirect control of the Facility by Buyer to implement or otherwise effectuate any System Operator Instructions except to the extent resulting from the negligence of Buyer, its agents or Affiliates.