Indexed REC-25: How can Seller remedy Shortfall Amounts under the Indexed REC Contract?

Any RECs generated by the Project in excess of the Delivery Year Requirement in any delivery year during the delivery term are the exclusive property of Seller, to be utilized in Seller’s sole discretion. Such excess RECs may be transferred for the sole purpose of reducing Shortfall Amounts incurred in one or more prior Delivery Years subject to conditions under Section 4.1(k). Such RECs are not eligible for payment either by Buyer to Seller or by Seller to Buyer; for avoidance of doubt, such RECs are valued at $0 under the Indexed REC Contract.

Please note there are additional flexibilities related to delivery under the Indexed REC Contract should Seller not have any excess RECs to reduce a Shortfall Amounts, as described in FAQ-Indexed REC-24.