Common use of Terminating Buyer’s Designation as Scheduling Coordinator Clause in Contracts

Terminating Buyer’s Designation as Scheduling Coordinator. (a) Seller may terminate Buyer as Scheduling Coordinator: (i) In accordance with Section 7(b) of this Exhibit G; or (ii) If Buyer materially fails to fulfill its obligations as Scheduling Coordinator and: Seller provides advance Notice to Buyer setting forth in reasonable detail the nature of such failure and such failure is not remedied within 30 days after such Notice; provided, however, that if such failure is not reasonably capable of being remedied within such 30-day period, Buyer shall have such additional time (not to exceed 120 days) as is reasonably necessary to remedy such failure, so long as Buyer promptly commences and diligently pursues such remedy; Seller (A) submits to the CAISO a designation of a new Scheduling Coordinator to replace Buyer effective as of the date of Buyer’s termination as Scheduling Coordinator, and (B) causes its newly designated Scheduling Coordinator to submit a letter to the CAISO accepting the designation; and The Parties will take any other action necessary to terminate the designation of Buyer as Scheduling Coordinator, including amending this Agreement; or If Seller is required to elect Buyer as Scheduling Coordinator in accordance with Section 1.08, then, subject to Section 3.06(b) or 3.09(b), as applicable, by (1) providing a Notice to Buyer on or before the 60th day after Seller meets the requirements of Section 3.06(a) and 3.09(a), and (2) at least 30 days before the replacement Buyer as the Scheduling Coordinator, complying with the requirements for designating a different Scheduling Coordinator by taking all necessary actions to terminate the designation of Buyer as Scheduling Coordinator, including those actions set forth in Sections 7(b)(i) and (b)(ii) of this Exhibit G. Seller bears sole responsibility for locating, selecting, and reaching agreement on terms with any replacement Scheduling Coordinator. (b) At least 30 days before the expiration of the Term or as soon as an Early Termination Date is declared (regardless of which Party declared it), the Parties will take all actions necessary to terminate the designation of Buyer as Scheduling Coordinator as of 11:59 p.m. PPT on the Term End Date (“SC Replacement Date”). Such actions include the following: (i) Seller shall: (1) Submit to the CAISO a designation of a new Scheduling Coordinator to replace Buyer effective as of the SC Replacement Date; and (2) Cause its newly designated Scheduling Coordinator to submit a letter to the CAISO accepting the designation; and (ii) ▇▇▇▇▇ shall submit a letter to the CAISO resigning as Scheduling Coordinator effective as of the SC Replacement Date. (c) Seller bears sole responsibility for locating, selecting, and reaching agreement on terms with any replacement Scheduling Coordinator.

Terminating Buyer’s Designation as Scheduling Coordinator. (a) Seller may terminate Buyer as Scheduling Coordinator: (i) In accordance with Section 7(b) of this Exhibit G; or (ii) If Buyer materially fails to fulfill its obligations as Scheduling Coordinator and: Seller provides advance Notice to Buyer setting forth in reasonable detail the nature of such failure and such failure is not remedied within 30 days after such Notice; provided, however, that if such failure is not reasonably capable of being remedied within such 30-day period, Buyer shall have such additional time (not to exceed 120 days) as is reasonably necessary to remedy such failure, so long as Buyer promptly commences and diligently pursues such remedy; Seller (A) submits to the CAISO a designation of a new Scheduling Coordinator to replace Buyer effective as of the date of Buyer’s termination as Scheduling Coordinator, Coordinator and (B) causes its newly designated Scheduling Coordinator to submit a letter to the CAISO accepting the designation; and The Parties will take any other action necessary to terminate the designation of Buyer as Scheduling Coordinator, including amending this Agreement; or If Seller is required to elect Buyer as Scheduling Coordinator in accordance with Section 1.08, then, subject to Section 3.06(b) or 3.09(b), as applicable, by (1) providing a Notice to Buyer on or before the 60th day after Seller meets the requirements of Section 3.06(a) and 3.09(a), and (2) at least 30 days before the replacement Buyer as the Scheduling Coordinator, complying with the requirements for designating a different Scheduling Coordinator by taking all necessary actions to terminate the designation of Buyer as Scheduling Coordinator, including those actions set forth in Sections 7(b)(i) and (b)(ii) of this Exhibit G. Seller bears sole responsibility for locating, selecting, and reaching agreement on terms with any replacement Scheduling Coordinator. (b) At least 30 days before the expiration of the Term or as soon as an Early Termination Date is declared (regardless of which Party declared it), the Parties will take all actions necessary to terminate the designation of Buyer as Scheduling Coordinator as of 11:59 p.m. PPT on the Term End Date (“SC Replacement Date”). Such actions include the following: (i) Seller shall: (1) Submit to the CAISO a designation of a new Scheduling Coordinator to replace Buyer effective as of the SC Replacement Date; and (2) Cause its newly designated Scheduling Coordinator to submit a letter to the CAISO accepting the designation; and (ii) ▇▇▇▇▇ shall submit a letter to the CAISO resigning as Scheduling Coordinator effective as of the SC Replacement Date. (c) Seller bears sole responsibility for locating, selecting, and reaching agreement on terms with any replacement Scheduling Coordinator.

Terminating Buyer’s Designation as Scheduling Coordinator. (a) Seller may terminate Buyer as Scheduling Coordinator: (i) In accordance with Section 7(b) of this Exhibit G; or (ii) If Buyer materially fails to fulfill its obligations as Scheduling Coordinator and: : (1) Seller provides advance Notice to Buyer setting forth in reasonable detail the nature of such failure and such failure is not remedied within 30 days after such Notice; provided, however, that if such failure is not reasonably capable of being remedied within such 30-30- day period, Buyer shall have such additional time (not to exceed 120 days) as is reasonably necessary to remedy such failure, so long as Buyer promptly commences and diligently pursues such remedy; ; (2) Seller (A) submits to the CAISO a designation of a new Scheduling Coordinator to replace Buyer effective as of the date of Buyer’s termination as Scheduling Coordinator, Coordinator and (B) causes its newly designated Scheduling Coordinator to submit a letter to the CAISO accepting the designation; and and (3) The Parties will take any other action necessary to terminate the designation of Buyer as Scheduling Coordinator, including amending this Agreement; or or (iii) If Seller is required to elect Buyer as Scheduling Coordinator in accordance with Section 1.08, then, subject to Section 3.06(b) or 3.09(b), as applicable, by (1) providing a Notice to Buyer on or before the 60th day after Seller meets the requirements of Section 3.06(a) and 3.09(a), and (2) at least 30 days before the replacement Buyer as the Scheduling Coordinator, complying with the requirements for designating a different Scheduling Coordinator by taking all necessary actions to terminate the designation of Buyer as Scheduling Coordinator, including those actions set forth in Sections 7(b)(i) and (b)(ii) of this Exhibit G. Seller bears sole responsibility for locating, selecting, and reaching agreement on terms with any replacement Scheduling Coordinator. (b) At least 30 days before the expiration of the Term or as soon as an Early Termination Date is declared (regardless of which Party declared it), the Parties will take all actions necessary to terminate the designation of Buyer as Scheduling Coordinator as of 11:59 p.m. PPT on the Term End Date (“SC Replacement Date”). Such actions include the following: (i) Seller shall: (1) Submit to the CAISO a designation of a new Scheduling Coordinator to replace Buyer effective as of the SC Replacement Date; and (2) Cause its newly designated Scheduling Coordinator to submit a letter to the CAISO accepting the designation; and (ii) ▇▇▇▇▇ Buyer shall submit a letter to the CAISO resigning as Scheduling Coordinator effective as of the SC Replacement Date. (c) Seller bears sole responsibility for locating, selecting, and reaching agreement on terms with any replacement Scheduling Coordinator.