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. (b) In each instance wherein liquidated damages are applicable the due date for any such liquidated damages shall be deferred to [TIME PERIOD TO BE DETERMINED] after the applicable requested Dispatch level was not achieved (notwithstanding Clause 9.5.3 to the contrary, if applicable). The payments under this Clause 9.4.4(b) shall be liquidated damages for the detrimental impact of such deviations from the requested Dispatch level. Where the Company is diligently pursuing a resolution to mitigate against adverse temperature effects on dispatch levels within the Minimum Functional Specifications and such mitigation measures prove successful prior to the end of such [TIME PERIOD TO BE DETERMINED], liquidated damages as applicable pursuant Clause 9.4.4(a) may be waived by JPS, so as to not become due and payable by the Company and such waiver shall not be unreasonably conditioned, withheld or delayed. (c) During each Year commencing with the Year in which the applicable Commercial Operations Date occurs, the Company shall not be liable for liquidated damages under Clause 9.4.4(a) for the first kWh of Forced Outage experienced by the Company in such Year up to a quantity equal to [Number of Hours to be Agreed] hours multiplied by the Dependable Capacity (“Allowable Forced Outage Energy”); provided that this quantity of kWh of Forced Outage shall be prorated evenly over any part Year. (d) Payments under this Clause 9.4.4 shall not exceed in any twelve (12) Month period the amount of Fixed Payments payable to the Company under Clause 9.1 for the same twelve (12)

Dispatch Levels. (a) If the Company does not achieve the Dispatch level requested by JPS GPL 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(c9.4.4(d) through (e) below, the Company shall pay to JPS GPL for each kWh outside the tolerance an amount in Dollars (or the Jamaican Guyana Dollar equivalentequivalent at the prevailing exchange rate) equal to the product of one one-one- hundredth (0.01), the Fixed Payment Price and the applicable percentage set forth in Clause 9.4.4(e9.4.4(c) until the Company advises JPS GPL that it is able to comply with said Dispatch request and complies with said Dispatch request should JPS GPL choose not to change the request; provided that after the Company has advised JPS GPL that it is able to comply with the aforesaid Dispatch request, JPS GPL 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. (b) In each instance wherein liquidated damages are applicable the due date for any such liquidated damages shall be deferred to [TIME PERIOD TO BE DETERMINED] after the applicable requested Dispatch level was not achieved (notwithstanding Clause 9.5.3 to the contrary, if applicable). The payments under this Clause 9.4.4(b) shall be liquidated damages for the detrimental impact of such deviations from the requested Dispatch level. Where the Company is diligently pursuing a resolution to mitigate against adverse temperature effects on dispatch levels within the Minimum Functional Specifications and such mitigation measures prove successful prior to the end of such [TIME PERIOD TO BE DETERMINED], liquidated damages as applicable pursuant Clause 9.4.4(a) may be waived by JPS, so as to not become due and payable by the Company and such waiver shall not be unreasonably conditioned, withheld or delayed. (c) During each Year commencing with the Year in which the applicable Commercial Operations Date occurs, the Company shall not be liable for liquidated damages under Clause 9.4.4(a) for the first kWh of Forced Outage experienced by the Company in such Year up to a quantity equal to [Number of Hours to be Agreed] hours multiplied by the Dependable Capacity (“Allowable Forced Outage Energy”); provided that this quantity of kWh of Forced Outage shall be prorated evenly over any part Year. (d) Payments under this Clause 9.4.4 shall not exceed in any twelve (12) Month period the amount of Fixed Payments payable to the Company under Clause Clause 9.1 for the same twelve (12) Month period. (d) The applicable percentage for purposes of sub-clause (a) above shall be [sixty five percent (65%)] for Peak Hours and [forty five percent (45%)] for Off-Peak Hours. GPL may designate new Peak Hours for the purposes of this Clause

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. (b) In each instance wherein liquidated damages are applicable the due date for any such liquidated damages shall be deferred to [TIME PERIOD TO BE DETERMINED] after the applicable requested Dispatch level was not achieved (notwithstanding Clause 9.5.3 to the contrary, if applicable). The payments under this Clause 9.4.4(b9.5.4(b) shall be liquidated damages for the detrimental impact of such deviations from the requested Dispatch level. Where the Company is diligently pursuing a resolution to mitigate against adverse temperature effects on dispatch levels within the Minimum Functional Specifications and such mitigation measures prove successful prior to the end of such [TIME PERIOD TO BE DETERMINED], liquidated damages as applicable pursuant Clause 9.4.4(a9.5.4(a) may be waived by JPS, so as to not become due and payable by the Company and such waiver shall not be unreasonably conditioned, withheld or delayed. (c) During each Year commencing with the Year in which the applicable Commercial Operations Date occurs, the Company shall not be liable for liquidated damages under Clause 9.4.4(a9.5.4(a) for the first kWh of Forced Outage experienced by the Company in such Year up to a quantity equal to [Number of Hours to be Agreed] hours multiplied by the Dependable Capacity (“Allowable Forced Outage Energy”); provided that this quantity of kWh of Forced Outage shall be prorated evenly over any part of the Year. (d) Payments under this Clause 9.4.4 9.5.4 shall not exceed in any twelve (12) Month 12)-Month period the amount of Fixed Payments payable to the Company under Clause 9.1 for the same twelve (12)-Month period. (e) The applicable percentage for purposes of sub-clause (a) above shall be [sixty five percent (65%)] for Peak Hours and [forty five percent (45%)] for Off-Peak Hours. JPS may designate new Peak Hours for the purposes of this Clause 9.5.4 and in the event of such new Peak Hours designation, shall give notice to the Company at least [three (3)] Months prior to the first (1st) Day of any Year; provided that the total number of Peak Hours in a Day may not exceed twelve (12).

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. (b) In , in each instance wherein liquidated damages are applicable the due date for any such liquidated damages shall be deferred to [TIME PERIOD TO BE DETERMINED] 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(b9.4.4(a) shall be liquidated damages for the detrimental impact of such deviations from the requested Dispatch level. Where the Company is diligently pursuing a resolution to mitigate against adverse temperature effects on dispatch levels within the Minimum Functional Specifications and such mitigation measures prove successful prior to the end of such [TIME PERIOD TO BE DETERMINED], liquidated damages as applicable pursuant Clause 9.4.4(a) may be waived by JPS, so as to not become due and payable by the Company and such waiver shall not be unreasonably conditioned, withheld or delayed. (cb) During each Year commencing with the Year in which the applicable Commercial Operations Date occurs, the Company shall not be liable for liquidated damages under Clause 9.4.4(a) for the first kWh of Forced Outage experienced by the Company in such Year up to a quantity equal to [Number of Hours to be Agreed] hours multiplied by the Dependable Capacity (“Allowable Forced Outage EnergyOutage”); provided that this quantity of kWh of Forced Outage shall be prorated evenly over any part Year. (dc) Payments under this Clause 9.4.4 shall not exceed in any twelve (12) Month period the amount of Fixed Payments payable to the Company under Clause 9.1 for the same twelve (12) Month period. (d) The applicable percentage for purposes of subclause (a) above shall be sixty five percent (65%) for Peak Hours and forty five percent (45%) for Off-Peak Hours. JPS may designate new Peak Hours for the purposes of this Clause 9.4.4 by giving notice to the Company at least three (3) Months prior to the first (1st) Day of any Year; provided that the total number of Peak Hours in a Day may not exceed twelve (12).