Common use of Capacity Payments Clause in Contracts

Capacity Payments. (a) Subject to Section 2.2(b) and Section 9.6(c), from and after the Commercial Operations Date, the Power Purchaser shall pay the Company the Capacity Payments, in accordance with the procedures specified in Section 9.6, for the Available Capacity for each Month (or part-Month), such payments being calculated in accordance with this Section 9.1 and the provisions of Schedule 1. (b) For the purposes of calculating Capacity Payments in Section 9.1(a) and Schedule 1, the “Available Capacity” shall in any hour be the Declared Available Capacity, unless: (i) the Company has informed the Power Purchaser of a Revised Declared Available Capacity in accordance with Section 5.3(c) that is less than the Declared Available Capacity of the Company prevailing at the Declaration Deadline, in which case the Available Capacity for that hour shall be the Revised Declared Available Capacity (at the Reference Site Condition prevailing at the time of the declaration), (ii) the Company has informed the Power Purchaser of a Revised Declared Available Capacity in accordance with Section 5.3(c)(ii) that is greater than the Declared Available Capacity of the Company prevailing at the Declaration Deadline, in which case the Available Capacity for that hour shall be the Revised Declared Available Capacity (at the Reference Site Condition prevailing at the time of such declaration) notified at least four (4) hours prior to the start of the relevant hour as per Section 5.3(c)(ii); (iii) the Net Electrical Output is less than the Despatched Net Electrical Output due to reasons other than those described in Section 5.4(d), in which case the Available Capacity for the applicable hour shall be the capacity, in MW, as determined by the Net Electrical Output for such hour; or (iv) Notwithstanding anything to the contrary contained in this Agreement, should the Complex be Despatched up to the Declared Available Capacity or the Revised Declared Available Capacity and the Net Electrical Output is more than the Despatched Net Electrical Output for that hour then in that case the Available Capacity for that hour shall be the capacity, in MW, as determined by the Net Electrical Output for such hour subject to a maximum upper limit of one hundred and one and one fifth percent (101.2%) of the Despatched Net Electrical Output. (c) In addition to the payment by the Power Purchaser of Capacity Payments for the Available Capacity pursuant to Section 9.1(a), from and after the Commercial Operations Date, the Power Purchaser shall pay to the Company the Capacity Price for each kW of the then prevailing Tested Capacity then unavailable during any period during which the Complex is undergoing a Scheduled Outage scheduled by the Company in accordance with Section 5.5; provided that the total payments under this Section 9.1(c) in any Agreement Year shall not exceed the then-prevailing Capacity Price multiplied by the product of the then-prevailing Tested Capacity and the number of hours permitted for Scheduled Outages under Section 5.5 in the relevant Agreement Year. (d) In addition to the payment by the Power Purchaser of Capacity Payments for the Available Capacity pursuant to Section 9.1(a) and for payments during Scheduled Outages pursuant to Section 9.1(c), from and after the Commercial Operations Date, the Power Purchaser shall pay to the Company the Capacity Price for each kW of the then prevailing Tested Capacity then unavailable during any period during which the Complex is undergoing a Forced or Partial Forced Outage notified by the Company not later than two

Capacity Payments. (a) Subject to Section 2.2(b) and Section 9.6(c), from and after the Commercial Operations Date, the Power Purchaser shall pay the Company the Capacity Payments, in accordance with the procedures specified in Section 9.6, for the Available Capacity for each Month (or part-Month), such payments being calculated in accordance with this Section 9.1 and the provisions of Schedule 1. (b) For the purposes of calculating Capacity Payments in Section 9.1(a) and Schedule 1, the “Available Capacity” shall in any hour be the Declared Available CapacityCapacity as communicated to the Power Purchaser and the Company by NTDC, unless: (i) the Company has informed the Power Purchaser NTDC of a Revised Declared Available Capacity in accordance with Section 5.3(c) that is less than the Declared Available Capacity of the Company prevailing at the Declaration Deadline, in which case the Available Capacity for that hour shall be the Revised Declared Available Capacity (at the Reference forecasted Ambient Site Condition prevailing at the time of the declaration), (ii) the Company has informed NTDC of an Adjusted Declared Available Capacity in accordance with Section 5.3(e) that is greater than or less than the Power Purchaser Declared Available Capacity of the Company prevailing at the Declaration Deadline, as applicable, in which case the Available Capacity for that hour shall be the Adjusted Declared Available Capacity (at the forecasted Ambient Site Condition prevailing at the time of the declaration), (iii) the Company has informed NTDC of a Revised Declared Available Capacity in accordance with Section 5.3(c)(ii) that is greater than the Declared Available Capacity of the Company prevailing at the Declaration Deadline, in which case the Available Capacity for that hour shall be the Revised Declared Available Capacity (at the Reference forecasted Ambient Site Condition prevailing at the time of such declaration) notified at least four (4) hours prior to the start of the relevant hour as per Section 5.3(c)(ii); (iii) the Net Electrical Output is less than the Despatched Net Electrical Output due to reasons other than those described in Section 5.4(d), in which case the Available Capacity for the applicable hour shall be the capacity, in MW, as determined by the Net Electrical Output for such hour; or (iv) Notwithstanding anything to the contrary contained in this Agreement, should the Complex be Despatched up to the Declared Available Capacity or the Revised Declared Available Capacity and the Net Electrical Output is more than the Despatched Net Electrical Output for that hour then in that case the Available Capacity for that hour shall be the capacity, in MW, as determined by the Net Electrical Output for such hour subject to a maximum upper limit of one hundred and one and one fifth percent (101.2%) of the Despatched Net Electrical Output. (c) In addition to the payment by the Power Purchaser of Capacity Payments for the Available Capacity pursuant to Section 9.1(a), from and after the Commercial Operations Date, the Power Purchaser shall pay to the Company the Capacity Price for each kW of the then prevailing Tested Capacity then unavailable during any period during which the Complex is undergoing a Scheduled Outage scheduled by the Company in accordance with Section 5.5; provided that the total payments under this Section 9.1(c) in any Agreement Year shall not exceed the then-prevailing Capacity Price multiplied by the product of the then-prevailing Tested Capacity and the number of hours permitted for Scheduled Outages under Section 5.5 in the relevant Agreement Year. (d) In addition to the payment by the Power Purchaser of Capacity Payments for the Available Capacity pursuant to Section 9.1(a) and for payments during Scheduled Outages pursuant to Section 9.1(c), from and after the Commercial Operations Date, the Power Purchaser shall pay to the Company the Capacity Price for each kW of the then prevailing Tested Capacity then unavailable during any period during which the Complex is undergoing a Forced or Partial Forced Outage notified by the Company not later than twofour