Common use of Delivery Parameters Clause in Contracts

Delivery Parameters. (a) Subject to Section 3.2(b), all Energy sold or delivered under this Agreement by TEMI to NJEA will be delivered to the Facility Bus. (b) If TEMI is unable to deliver Energy to the Facility Bus in accordance with Section 3.2(a) due to the unavailability of transmission service or transmission service interruptions or due to an event of force majeure that prevents its supplier from delivering electricity to the Facility Bus, then NJEA shall use reasonable efforts to cause JCP&L to accept delivery of Energy at an Alternate Delivery Point provided that NJEA shall not be in default hereunder or incur any liability to TEMI if JCP&L does not accept or agree to the use of any proposed delivery location as an Alternate Delivery Point. Provided that JCP&L consent has been obtained pursuant to this Section 3.2(b), TEMI may deliver Energy to one or more Alternate Delivery Points for so long as one or more of the conditions described above in this Section 3.2(b) continues and for so long as JCP&L's consent to the use of the Alternate Delivery Point remains in effect; provided that TEMI shall reimburse NJEA all costs and expenses (including any costs and expenses owed by NJEA to JCP&L under the Amended PPA) arising in connection with the use of such Alternate Delivery Point. TEMI shall use commercially reasonable efforts to provide NJEA with reasonable prior and/or contemporaneous notice of the expected duration of the conditions described above. (c) TEMI shall be responsible for all transmission charges, including, if any, applicable ancillary service charges, line losses, congestion charges and other PJM or applicable system costs or charges associated with transmission incurred, in each case, in connection with the delivery of Energy to the Facility Bus or to any Alternate Delivery Point. (d) TEMI shall not be responsible for any transmission charges, ancillary services charges, line losses, congestion charges and other PJM or applicable system costs or charges associated with transmission, incurred, in each case, in connection with the transmission of Energy delivered under this Agreement by or on behalf of TEMI to JCP&L on behalf of NJEA from and after the delivery of such Energy to the Facility Bus or an Alternate Delivery Point (as the case may be) and the acceptance thereof by JCP&L, to any other location. (e) Deliveries of Energy by TEMI hereunder on any delivery day shall be at a constant hourly rate during Off-Peak Hours occurring during such day.

Delivery Parameters. (a) Subject to Section 3.2(b), all Energy sold or delivered under this Agreement by TEMI PMI to NJEA will be delivered to the Facility Bus. (b) If TEMI PMI is unable to deliver Energy to the Facility Bus in accordance with Section 3.2(a) due to the unavailability of transmission service or transmission service interruptions or due to an event of force majeure that prevents its supplier from delivering electricity to the Facility Bus, then NJEA shall use reasonable efforts to cause JCP&L to accept delivery of Energy at an Alternate Delivery Point provided that NJEA shall not be in default hereunder or incur any liability to TEMI PMI if JCP&L does not accept or agree to the use of any proposed delivery location as an Alternate Delivery Point. Provided that JCP&L consent has been obtained pursuant to this Section 3.2(b), TEMI PMI may deliver Energy to one or more Alternate Delivery Points for so long as one or more of the conditions described above in this Section 3.2(b) continues and for so long as JCP&L's consent to the use of the Alternate Delivery Point remains in effect; provided that TEMI PMI shall reimburse NJEA all costs and expenses (including any costs and expenses owed by NJEA to JCP&L under the Amended PPA) arising in connection with the use of such Alternate Delivery Point. TEMI PMI shall use commercially reasonable efforts to provide NJEA with reasonable prior and/or contemporaneous notice of the expected duration of the conditions described above. (c) TEMI PMI shall be responsible for all transmission charges, including, if any, applicable ancillary service charges, line losses, congestion charges and other PJM or applicable system costs or charges associated with transmission incurred, in each case, in connection with the delivery of Energy to the Facility Bus or to any Alternate Delivery Point. (d) TEMI PMI shall not be responsible for any transmission charges, ancillary services charges, line losses, congestion charges and other PJM or applicable system costs or charges associated with transmission, incurred, in each case, in connection with the transmission of Energy delivered under this Agreement by or on behalf of TEMI PMI to JCP&L on behalf of NJEA from and after the delivery of such Energy to the Facility Bus or an Alternate Delivery Point (as the case may be) and the acceptance thereof by JCP&L, to any other location. . (e) Deliveries of Energy by TEMI PMI hereunder on any delivery day shall be at a constant hourly rate during Off-Peak Hours occurring during such day.