[It is expressly understood, notwithstanding any other provision of this 
Agreement to the contrary, and agreed by the Parties that MDEA reserves the 
right to sell any Available Energy, Capacity and Ancillary Services to any 
third party in any Structured Transaction, provided that such sale is 
consummated on an &arms-length8 basis and included in the determination of 
the incentive fee payable to EPMI under this Agreement