CAISO Penalties Clause Samples
The CAISO Penalties clause defines how financial penalties assessed by the California Independent System Operator (CAISO) are handled between contracting parties. Typically, this clause specifies which party is responsible for paying any penalties incurred due to non-compliance with CAISO rules, such as scheduling errors or deviations from energy delivery commitments. By clearly allocating responsibility for these penalties, the clause helps prevent disputes and ensures that the risks associated with CAISO operations are properly managed.
CAISO Penalties. Seller shall be responsible for any “non- Performance Penalties” assessed to PG&E by the CAISO (“CAISO Penalties”), under the CAISO Tariff Enforcement Protocol, and not due to any fault of PG&E, which shall include, without limitation, any deviation, imbalance or uninstructed energy charges or penalties payable to the CAISO that are due to the fault of Seller. To the extent that Seller materially deviates from its energy schedules (other than an adjustment imposed by the CAISO, a deviation due to any fault of PG&E, or an excused Seller failure to deliver, whether for reasons of Force Majeure or otherwise), and such departure results in CAISO Penalties being assessed to PG&E, such CAISO Penalties shall be passed on to Seller. Any such CAISO Penalties passed on to Seller shall be limited to the period until the commencement of the next settlement period following Seller’s notification (as described above) for which the delivery schedule can be adjusted.
CAISO Penalties. To the extent that the Facility’s electric output is scheduled with the CAISO, Seller shall be responsible for any “non-Performance Penalties” assessed to MCE by the CAISO (“CAISO Penalties”), under the CAISO Tariff Enforcement Protocol, and not due to any fault of MCE, which shall include, without limitation, any deviation, imbalance or uninstructed energy charges or penalties payable to the CAISO that are due to the fault of Seller. To the extent that Seller materially deviates from its energy schedules (other than an adjustment imposed by the CAISO, a deviation due to any fault of MCE, or an excused Seller failure to deliver, whether for reasons of Force Majeure or otherwise), and such departure results in CAISO Penalties being assessed to MCE, such CAISO Penalties shall be passed on to Seller. Any such CAISO Penalties passed on to Seller shall be limited to the period until the commencement of the next settlement period following Seller’s notification (as described above) for which the delivery schedule can be adjusted.
CAISO Penalties. Seller shall be responsible for any ;'non· Performance Penalties" assessed to PG&E by the CAISO ("CAlSO Penalties"), under the CAISO Tariff Enforcement Protocol, and not due to any fault of PG&E, which shall include, without limitation, any deviation, imbalance or uninstructed energy charges or penalties payable to the CAISO that are due to the fault of Seller. To the extent that Seller materially deviates from its energy schedules (other than an adjustment imposed by the CAISO, a Electric Form 79·1 101 Advice 3965-E-.t>, FebruaT)' 2012 deviation due to any fault of PG&E, or an excused Seller failure to deliver, whether for reasons of Force Majeure or otherwise), and such departure results in CAISO Penalties being assessed to PG&E, such CAlSO Penalties shall be passed on to Seller. Any such CAISO Penalties passed on to Seller shall be limited to the period until the commencement of the next settlement period following Seller's notification (as described above) for which the delivery schedule can be adjusted.
CAISO Penalties. Seller shall assume all liability and reimburse Buyer for any and all CAISO Penalties incurred by ▇▇▇▇▇ because of Seller’s failure to perform any covenant or obligation set forth in this Agreement. Buyer shall assume all liability and reimburse Seller for any and all CAISO Penalties incurred by Seller as a result of Buyer’s actions, including those resulting in a Buyer Curtailment Period.
CAISO Penalties. Seller shall be responsible for any “non-Performance Penalties” assessed to PG&E by the CAISO (“CAISO Penalties”), under the CAISO Tariff Enforcement Protocol, and not due to any fault of PG&E, which shall include, without limitation, any deviation, imbalance or uninstructed energy charges or penalties payable to the CAISO that are due to the fault of Seller. To the extent that Seller materially deviates from its energy schedules (other than an adjustment imposed by the CAISO, a deviation due to any fault of PG&E, or an excused Seller failure to deliver, whether for reasons of Force Majeure or otherwise), and such departure results in CAISO Penalties being assessed to PG&E, such CAISO Penalties shall be passed on to Seller. Any such CAISO Penalties passed on to Seller shall be limited to the period until the commencement of the next settlement period following Seller’s notification (as described above) for which the delivery schedule can be adjusted. CONFIDENTIALITY Seller authorizes PG&E to release to the California Energy Commission (“CEC”) and/or the CPUC information regarding the Facility, including the Seller’s name and location, and the size, location and operational characteristics of the Facility, the Term, the ERR type, the Initial Energy Delivery Date and the net power rating of the Facility, as requested from time to time pursuant to the CEC’s or CPUC’s rules and regulations.