Common use of Changes to Maximum Capacity Clause in Contracts

Changes to Maximum Capacity. (a) Access Right Holder’s right to export electricity from the Connection Point at any time is limited to the Maximum Capacity. (b) EnergyCo may: (i) approve an increase to the Maximum Capacity in accordance with clause 12(2) of the Access Scheme Declaration; or (ii) reduce the Maximum Capacity in accordance with clause 12(4) of the Access Scheme Declaration if, at any time following the date that First Commissioning is achieved: (A) the Project is not capable of exporting electrical energy through the Connection Point up to the Maximum Capacity, other than where such limitation is solely due to:

Changes to Maximum Capacity. (a) Access Right Holder’s right to export electricity from the Connection Point at any time is limited to the Maximum Capacity. (b) EnergyCo may: (i) approve an increase to the Maximum Capacity in accordance with clause 12(2) of the Access Scheme Declaration; or (ii) reduce the Maximum Capacity in accordance with clause 12(4) of the Access Scheme Declaration if, at any time following the date that First Commissioning is achieved: (A) the Project is not capable of exporting electrical energy through the Connection Point up to the Maximum CapacityCapacity (not including, other than where such the Projectsuch limitation is not capable of exporting electrical energy through the Connection Point up to the Maximum Capacity solely due toto any: