Common use of Deviation Charges Clause in Contracts

Deviation Charges. Buyer shall have no obligation or liability of any kind with respect to any uninstructed deviations from Buyer’s Schedule, except to the extent any such obligations or liabilities arise as a result of any act or omission of Buyer in its role as Scheduling Coordinator. Should Seller fail to operate the Units in a manner to comply with Buyer's Schedule and a deviation occurs between the quantity, time or location of Scheduled Energy and the Energy delivered or between the quantity, time or location of Ancillary Services scheduled and the Ancillary Services delivered (“Seller's Deviation”), Seller shall reimburse Buyer for any and all charges Buyer incurs as a result of Seller's Deviation, including charges imposed on Buyer as the Units’ SC, by the CAISO for Seller's uninstructed deviations as follows: Each month, Seller shall owe Buyer the sum (if positive) or Buyer shall owe Seller the sum (if negative) of (i) any and all charges assessed on Buyer by the CAISO that are incurred due to Seller’s Deviation (i.e., under-generation) plus (ii) any and all charges, penalties or surcharges assessed on Buyer for Seller’s Deviations, including any charges assessed on Buyer for over or under generation (other than payments or charges covered by the preceding clause and charges assessed due to Buyer’s Scheduling Error) and amounts assessed by the CAISO in the event that a Unit fails to meet the standards established by the CAISO for the provision of Ancillary Services (e.g., Section 8.2 of the CAISO Tariff, or such additional or substitute standards as may be applicable from time to time), plus (iii) any and all amounts paid by Buyer to Seller for Products not delivered to Buyer (by Seller or by the CAISO) less (iv) any and all payments made to Buyer by the CAISO for supplying Products in excess of the those delivered pursuant to Scheduled Operations (cumulatively “Deviation Charges”). Seller and Buyer acknowledge and agree that if the availability of the Unit(s) changes after such time as the Buyer has scheduled the Unit’s(s’) operation with the CAISO for any particular period of time, Buyer may be unable to alter Buyer’s Schedule in sufficient time to avoid Deviation Charges, in which event, Seller shall be responsible for such Deviation Charges. Invoicing and payment for all amounts due from one Party to the other Party as necessary to implement this provision shall be done pursuant to Article VI. An example of the calculation of the Deviation Charge is provided in Appendix XIII.

Deviation Charges. Buyer shall have no obligation or liability of any kind with respect to any uninstructed deviations a given Unit’s Uninstructed Deviations from Buyer’s Schedule, except to the extent any such obligations or liabilities arise as a result of any act or omission of Buyer in its role as Scheduling Coordinator. Should Seller fail to operate the Units in a manner to comply with Buyer's Schedule and a deviation occurs between the quantity, time or location of Scheduled Energy and the Energy delivered or between the quantity, time or location of Ancillary Services scheduled and the Ancillary Services delivered (“Seller's Deviation”), Seller shall reimburse Buyer, or Buyer shall reimburse Seller, for any and all charges Buyer incurs as a result of Seller's Deviation, including charges imposed on Buyer as the Units’ SC, by the CAISO for Seller's uninstructed deviations Uninstructed Deviations as follows: Each month, Seller shall owe Buyer the sum (if positive) or Buyer shall owe Seller the sum (if negative) of (i) the amount of any and all charges costs, charges, penalties, and surcharges assessed on Buyer by the CAISO that are were incurred due to Seller’s Deviation (i.e.during all periods of Uninstructed Deviations during that month, under-generation) plus (ii) any and all charges, penalties or surcharges assessed on Buyer for Seller’s Deviations, including any charges assessed on Buyer for over or under generation (other than payments or charges covered by the preceding clause and charges assessed due to Buyer’s Scheduling Error) and amounts assessed by the CAISO in the event that a Unit fails to meet the standards established by the CAISO for the provision of Ancillary Services (e.g., Section 8.2 of the CAISO Tariff, or such additional or substitute standards as may be applicable from time to time), plus (iii) any and all amounts paid by Buyer to Seller for Products not delivered to Buyer (by Seller or by the CAISO) due to Uninstructed Deviation, less (iviii) any and all payments made to Buyer by the CAISO for supplying Products Energy in excess of the those delivered pursuant to Scheduled Operations (Sections 3.5(d)(i), 3.5(d)(ii) and 3.5(d)(iii) cumulatively “Deviation Charges”). If the net amount of Deviation Charges is positive for the month, Seller shall owe Buyer the positive amount; and if the net amount of such charges is negative for the month, Buyer shall pay that amount to Seller. Seller and Buyer acknowledge and agree that if the Seller notifies Buyer of updated availability of the Unit(s) changes after such time as the Buyer has bid or scheduled the Unit’s(s’) operation Units with the CAISO for any particular period of time, Buyer may be unable will take action to alter Buyernotify the CAISO of the Unit(s’) updated availability, which action does not eliminate Seller’s Schedule in sufficient time to avoid responsibility of Deviation Charges, in which event, Seller shall be responsible Charges for such Deviation Chargesperiod of time. Invoicing and payment for all amounts due from one Party to the other Party as necessary to implement this provision shall be done pursuant to Article VI. An example of the calculation of the Deviation Charge Charges is provided in Appendix XIII.

Deviation Charges. Buyer shall have no obligation or liability of any kind with respect to any uninstructed deviations from Buyer’s Schedule, except to the extent any such obligations or liabilities arise as a result of any act or omission of Buyer in its role as Scheduling Coordinator. Should Seller fail to operate the Units in a manner to comply with Buyer's Schedule and a deviation occurs between the quantity, time or location of Scheduled Energy and the Energy delivered or between the quantity, time or location of Ancillary Services scheduled and the Ancillary Services delivered (“Seller's Deviation”), Seller shall reimburse Buyer for any and all charges Buyer incurs as a result of Seller's Deviation, including charges imposed on Buyer as the Units’ SC, by the CAISO for Seller's uninstructed deviations as follows: Each month, Seller shall owe Buyer the sum (if positive) or Buyer shall owe Seller the sum (if negative) of (i) any and all charges assessed on Buyer by the CAISO that are incurred due to Seller’s Deviation (i.e., under-generation) plus (ii) any and all charges, penalties or surcharges assessed on Buyer for Seller’s Deviations, including any charges assessed on Buyer for over or under generation (other than payments or charges covered by the preceding clause and charges assessed due to Buyer’s Scheduling Error) and amounts assessed by the CAISO in the event that a Unit fails to meet the standards established by the CAISO for the provision of Ancillary Services (e.g., Section 8.2 2.5.258.2 of the CAISO Tariff, or such additional or substitute standards as may be applicable from time to time), plus (iii) any and all amounts paid by Buyer to Seller for Products not delivered to Buyer (by Seller or by the CAISO) less (iv) any and all payments made to Buyer by the CAISO for supplying Products in excess of the those delivered pursuant to Scheduled Operations (cumulatively “Deviation Charges”). Seller and Buyer acknowledge and agree that if the availability of the Unit(s) changes after such time as the Buyer has scheduled the Unit’s(s’) operation with the CAISO for any particular period of time, Buyer may be unable to alter Buyer’s Schedule in sufficient time to avoid Deviation Charges, in which event, Seller shall be responsible for such Deviation Charges. Invoicing and payment for all amounts due from one Party to the other Party as necessary to implement this provision shall be done pursuant to Article VI. An example of the calculation of the Deviation Charge is provided in Appendix XIII.

Deviation Charges. Buyer shall have no obligation or liability of any kind with respect to any uninstructed deviations a given Unit’s Uninstructed Deviations from Buyer’s Schedule, except to the extent any such obligations or liabilities arise as a result of any act or omission of Buyer in its role as Scheduling Coordinator. Should Seller fail to operate the Units in a manner to comply with Buyer's Schedule and a deviation occurs between the quantity, time or location of Scheduled Energy and the Energy delivered or between the quantity, time or location of Ancillary Services scheduled and the Ancillary Services delivered (“Seller's Deviation”), Seller shall reimburse Buyer, or Buyer shall reimburse Seller, for any and all charges Buyer incurs as a result of Seller's Deviation, including charges imposed on Buyer as the Units’ SC, by the CAISO for Seller's uninstructed deviations Uninstructed Deviations as follows: Each month, Seller shall owe Buyer the sum (if positive) or Buyer shall owe Seller the sum (if negative) of (i) the amount of any and all charges costs, charges, penalties, and surcharges assessed on Buyer by the CAISO that are were incurred due to Seller’s Deviation (i.e.during all periods of Uninstructed Deviations during that month, under-generation) plus less (ii) any and all charges, penalties or surcharges assessed on Buyer for Seller’s Deviations, including any charges assessed on Buyer for over or under generation (other than payments or charges covered by the preceding clause and charges assessed due to Buyer’s Scheduling Error) and amounts assessed by the CAISO in the event that a Unit fails to meet the standards established by the CAISO for the provision of Ancillary Services (e.g., Section 8.2 of the CAISO Tariff, or such additional or substitute standards as may be applicable from time to time), plus (iii) any and all amounts paid by Buyer to Seller for Products not delivered to Buyer (by Seller or by the CAISO) less (iv) any and all payments made to Buyer by the CAISO for supplying Products Energy in excess of the those delivered pursuant to Scheduled Operations (Sections 3.5(d)(i) and 3.5(d)(ii) are cumulatively the “Deviation Charges”). If the net amount of Deviation Charges is positive for the month, Seller shall owe Buyer the positive amount; and if the net amount of such charges is negative for the month, Buyer shall pay that amount to Seller. Seller and Buyer acknowledge and agree that if the Seller Notifies Buyer of updated availability of the Unit(s) changes after such time as the Buyer has bid or scheduled the Unit’s(s’) operation Units with the CAISO for any particular period of time, Buyer may be unable will take action to alter Buyernotify the CAISO of the Unit(s’) updated availability, which action does not eliminate Seller’s Schedule in sufficient time to avoid responsibility of Deviation Charges, in which event, Seller shall be responsible Charges for such Deviation Chargesperiod of time. Invoicing and payment for all amounts due from one Party to the other Party as necessary to implement this provision shall be done pursuant to Article VI. An example of the calculation of the Deviation Charge Charges is provided in Appendix XIIIVIII.