Ultimate Control. PPM shall file a FERC 205 Notice. As MMC shall have ultimate control regarding the dispatching of the Facilities for the generation of electric energy as provided in the Protocols and Sections 2.1 and 5.3, no FERC 203 Application shall be filed. If FERC determines that a FERC 203 Application is required, the Parties shall either (i) terminate this Agreement (with all payments and performance due on early termination remaining due to the maximum extent permitted under applicable law), (ii) modify or amend this Agreement so as to address any concerns of FERC to the extent such amendments or modifications are commercially reasonable and comply with Requirements of Law, or (iii) MMC shall file as quickly, and the Parties shall pursue successful acceptance of, as commercially reasonable, a FERC 203 Application as required by FERC.
Appears in 2 contracts
Sources: Scheduling and Asset Optimization Services Agreement (MMC Energy, Inc.), Scheduling and Asset Optimization Services Agreement (MMC Energy, Inc.)