Non-O&R Charge Clause Samples

Non-O&R Charge. After the start of the Interim Period, Owner shall not charge the Project other than pursuant to a Charging Notice or a dispatch signal from NYISO related to the O&R bid, or in connection with an Owner Initiated Test. If Owner‌ (i) charges the Project to a Stored Energy Level greater than the Stored Energy Level provided for in the Charging Notice or (ii) charges the Project without a Charging Notice (each, a “Non-O&R Charge”), then (x) Owner shall be responsible for all energy costs associated with such charging, and (y) O&R shall be entitled to discharge such energy without notice and entitled to all of the benefits associated with such discharge, without credit to Owner. Owner shall be responsible and pay for any charges, sanction, or penalties associated with a Non-O&R Charge, any failure to charge the Project consistent with a Charging Notice, and any deviations from a Charging Notice or charging instruction or award.