Common use of Dispatch Levels Clause in Contracts

Dispatch Levels. (a) If the Company does not achieve the Dispatch level requested by JPS pursuant to the Operating Procedures within a tolerance of plus or minus (+/-) one (1) percent of the requested Dispatch level within the time allowed by the load ramping rates and minimum dispatch set forth in the Minimum Functional Specifications after the receipt of a Dispatch request, then, subject to Clauses 9.4.4(c) through (e) below, the Company shall pay to JPS for each kWh outside the tolerance an amount in Dollars (or the Jamaican Dollar equivalent) equal to the product of one one-hundredth (0.01), the Fixed Payment Price and the applicable percentage set forth in Clause 9.4.4(e) until the Company advises JPS that it is able to comply with said Dispatch request and complies with said Dispatch request should JPS choose not to change the request; provided that after the Company has advised JPS that it is able to comply with the aforesaid Dispatch request, JPS may make a new Dispatch request, and the Company’s failure to comply with such new request shall be subject to the liquidated damages set forth in this sub-clause (a). If the requested Dispatch level cannot be achieved due to site temperature conditions outside of the Minimum Functional Specifications, JPS shall not continue to calculate and apply liquidated damages pursuant to this sub-clause (a); provided that the Company provides evidence reasonably satisfactory to JPS that temperature conditions outside of the Minimum Functional Specifications led to the failure to comply with the applicable Dispatch request.

Dispatch Levels. (a) If the Company does not achieve the Dispatch level requested by JPS pursuant to the Operating Procedures within a tolerance of plus or minus (+/-) one (1) percent of the requested Dispatch level within the time allowed by the load ramping rates and minimum dispatch set forth in the Minimum Functional Specifications after the receipt of a Dispatch request, then, subject to Clauses 9.4.4(c9.5.4(c) through (e) below, the Company shall pay to JPS for each kWh outside the tolerance an amount in Dollars (or the Jamaican Dollar equivalent) equal to the product of one one-hundredth (0.01), the Fixed Payment Price and the applicable percentage set forth in Clause 9.4.4(e9.5.4(e) until the Company advises JPS that it is able to comply with said Dispatch request and complies with said Dispatch request should JPS choose not to change the request; provided that after the Company has advised JPS that it is able to comply with the aforesaid Dispatch request, JPS may make a new Dispatch request, and the Company’s failure to comply with such new request shall be subject to the liquidated damages set forth in this sub-clause (a). If the requested Dispatch level cannot be achieved due to site temperature conditions outside of the Minimum Functional Specifications, JPS shall not continue to calculate and apply liquidated damages pursuant to this sub-sub- clause (a); provided that the Company provides evidence reasonably satisfactory to JPS that temperature conditions outside of the Minimum Functional Specifications led to the failure to comply with the applicable Dispatch request.

Dispatch Levels. (a) If the Company does not achieve the Dispatch level requested by JPS pursuant to the Operating Procedures within a tolerance of plus or minus (+/-) one (1) percent MW of the requested Dispatch level within the time allowed by the load ramping rates and minimum dispatch set forth in the Minimum Functional Specifications after the receipt of a Dispatch request, then, subject to Clauses 9.4.4(c9.4.4(b) through (ed) below, the Company shall pay to JPS for each kWh outside the tolerance an amount in Dollars (or the Jamaican Dollar equivalent) equal to the product of one one-hundredth (0.01), the Fixed Payment Price and the applicable percentage set forth in Clause 9.4.4(e9.4.4(d) until the Company advises JPS that it is able to comply with said Dispatch request and complies with said Dispatch request should JPS choose not to change the request; provided that after the Company has advised JPS that it is able to comply with the aforesaid Dispatch request, JPS may make a new Dispatch request, and the Company’s failure to comply with such new request shall be subject to the liquidated damages set forth in this sub-clause subclause (a). If the requested Dispatch level cannot be achieved due to site temperature conditions outside of the Minimum Functional Specifications, JPS shall not continue to calculate and apply liquidated damages pursuant to this sub-clause subclause (a); provided that that, upon the Company provides providing evidence reasonably satisfactory to JPS that temperature conditions outside of the Minimum Functional Specifications led to the failure to comply with the applicable Dispatch request, in each instance the due date for any such liquidated damages shall be deferred to one (1) year after the applicable requested Dispatch level was not achieved (notwithstanding Clause 9.5.3 to the contrary, if applicable), and where the Company is diligently pursuing a resolution to mitigate the temperature effects and achieves such mitigation prior to the end of such one (1) year, any such liquidated damages shall be waived by JPS, so as to not become due and payable by the Company. The payments under this Clause 9.4.4(a) shall be liquidated damages for the detrimental impact of such deviations from the requested Dispatch level.