(G)
FIRM BASIS.
UNLESS OTHERWISE SPECIFIED IN A
TRANSACTION, ALL PURCHASES AND SALES OF ENERGY MADE UNDER THIS AGREEMENT SHALL
BE MADE ON A FIRM (LD) BASIS.
(H)
CREDIT SUPPORT TO EDCS AND ISO.
PARTY A WILL
ACT AS THE LOAD-SERVING ENTITY, FINANCIALLY-RESPONSIBLE PARTY OR QUALIFIED
SCHEDULING ENTITY, AS THE CASE MAY BE, IN RESPECT OF THE PARTY B CUSTOMER LOAD
IN EACH RELEVANT ISO THROUGH WHICH PARTY B SERVES CUSTOMERS AND PARTY B SHALL
TAKE ALL ACTIONS REASONABLY REQUESTED BY PARTY A, INCLUDING TO EXECUTE AND
DELIVER ANY REQUIRED AGREEMENTS, TO ENABLE PARTY A TO SO ACT.
IN CONNECTION
THEREWITH, PARTY A AGREES TO PROVIDE CREDIT SUPPORT ON BEHALF OF PARTY B TO MEET
EDC AND ISO CREDIT REQUIREMENTS ON TERMS REASONABLY ACCEPTABLE TO PARTY A AND
RELATING TO THE TRANSACTIONS ENTERED INTO UNDER THIS AGREEMENT; PROVIDED,
HOWEVER, THAT PARTY A SHALL NOT BE OBLIGATED TO PROVIDE OR MAINTAIN ANY SUCH
CREDIT SUPPORT ON TERMS AND IN AMOUNTS THAT ARE UNSATISFACTORY TO PARTY A, AS
DETERMINED BY PARTY A IN ITS REASONABLE DISCRETION.
IN THE EVENT THAT PARTY A
DETERMINES THAT ANY ISO'S OR EDC'S CREDIT SUPPORT REQUIREMENTS ARE, OR HAVE
BECOME, UNREASONABLE, PARTY A WILL COOPERATE WITH PARTY B IN AN ATTEMPT TO AMEND
THE CREDIT REQUIREMENTS OF THE APPLICABLE EDC OR ISO.
TO THE EXTENT THAT PARTY
A PROVIDES CREDIT SUPPORT TO ANY EDC OR ISO, PARTY B SHALL (I) REIMBURSE PARTY A
FOR ANY CREDIT SUPPORT AMOUNTS ACTUALLY PAID BY PARTY A IN ACCORDANCE WITH
PART 12(A)(XVIII), AND (II) PAY THE APPLICABLE CREDIT SUPPORT FEES WITH RESPECT
TO THE CREDIT SUPPORT AMOUNT IN ACCORDANCE WITH PART 9(F).
(I)
ISO AND RELATED CHARGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY AND WITHOUT LIMITATION TO PART 5(R) HEREOF, PARTY B
SHALL REIMBURSE PARTY A FOR, AND SHALL INDEMNIFY PARTY A AGAINST AND HOLD PARTY
A HARMLESS FROM, CHARGES, COSTS AND PENALTIES ASSESSED BY ANY EDC OR ISO
RELATING TO THE PERFORMANCE BY PARTY A OF ITS OBLIGATIONS UNDER THIS AGREEMENT;
PROVIDED, HOWEVER, THAT PARTY B SHALL HAVE NO OBLIGATION TO REIMBURSE OR
INDEMNIFY PARTY A WITH RESPECT TO ANY OTHER CHARGES, COSTS OR PENALTIES THAT ARE
ASSESSED AS THE DIRECT RESULT OF PARTY A'S ERROR, NEGLIGENCE OR WILLFUL
MISCONDUCT, AND PARTY A SHALL BE SOLELY RESPONSIBLE FOR ANY SUCH CHARGES, COSTS
OR PENALTIES.
(J)
DESIGNATED JURISDICTIONS.
(I)
THE PARTIES ACKNOWLEDGE AND AGREE THAT
PARTY A SHALL HAVE NO OBLIGATION TO SUPPLY ANY ENERGY OR ANY OTHER PRODUCT
(A) TO PARTY B IN ANY JURISDICTION NOT LISTED ON EXHIBIT 7(J), OR (B) WITH
RESPECT TO POTENTIAL CUSTOMERS SERVED BY ANY EDC AND/OR ISO THAT IS NOT LISTED
AS AN APPROVED EDC AND/OR ISO ON EXHIBIT 7(J), IN EACH CASE UNLESS AND UNTIL
PARTY A (X) HAS COMPLETED A MARKET, REGULATORY AND UTILITY RULES REVIEW FOR THE
APPLICABLE JURISDICTION AND THE APPLICABLE EDC AND/OR ISO WITHIN SUCH
JURISDICTION AND (Y) HAS PROVIDED WRITTEN NOTICE TO PARTY B THAT BASED UPON THE
RESULTS OF SUCH REVIEW PARTY A IS PREPARED TO COMMENCE SUPPLY