of the Power Purchase Agreement. Section 3.2 of the Power Purchase Agreement is hereby amended by adding the following new Section 3.2L:
of the Power Purchase Agreement. Section 6.2 of the Power Purchase Agreement is hereby amended by replacing the first paragraph with the following: By the nineteenth working day of each month, but not later than the second to last working day of the month, HECO shall pay the monthly Capacity Charge and monthly Energy Charge as computed in Article V, or provide to AES Hawaii an itemized statement of its objections to all or any portion of such Monthly Invoice and pay any undisputed amount.
of the Power Purchase Agreement. Effective upon the Increment One Capacity In-Service Date, a new Section 5.1E is hereby added to the Power Purchase Agreement to read as follows:
of the Power Purchase Agreement. 5.3.4 In the case of Non-Sri Lanka Force Majeure resulting in damage to the Project or any part thereof or requiring a material modification or a material capital addition to the Project to restore it to an agreed operating level ("Restoration"), the Government shall be informed of negotiations between the CEB and the Project Company to agree on:
of the Power Purchase Agreement. (d) After giving effect to any segregation of monies as specified in Section 3.8(c), the Disbursement Agent on each Interest Payment Date shall, provided that the Partnership has delivered to the Disbursement Agent a certificate stating that the requirements of Section 5.24 of the Indenture are satisfied, transfer all monies in the Partnership Distribution Account as follows: first, if five (5) days prior to the applicable Interest Payment Date, the Disbursement Agent receives written notice from the Partnership stating that LOC Loans are then currently outstanding and setting forth the principal amount of such LOC Loans, to the LOC Provider an amount equal to the amount set forth in such notice of the Partnership less the amount the Disbursement Agent is scheduled to transfer to the LOC Provider pursuant to Section 3.10(a)(4) of this Disbursement Agreement, second, subject to Sections 4.2 and 4.3, to the appropriate Partner, an amount equal to all interest (including overdue interest) and principal due and payable on Partner Subordinated Debt attributable to such Partner as specified in writing by the Partnership, third, subject to Sections 4.2 and 4.3, the balance to the account or accounts specified in writing by the Partnership.
of the Power Purchase Agreement. The second dispute concerns the manner of determining any adjustment to be made to the Monthly Capacity Payments in accordance with Subsection 6.1(g) of the Power Purchase Agreement. In particular, Panda asserts that, for purposes of determining the CPWIRR Increase under such subsection following the merger or other combination of PEPCO with another electric utility, the actual peak load experienced by PEPCO should be deemed to be the actual peak load experienced by the company resulting from the merger or combination. PEPCO asserts that, for purposes of calculating the CPWIRR Increase under such subsection after such a merge or combination, the actual peak load experienced by PEPCO should be deemed to be the actual peak load of only that portion of the system of the merged or combined company that constituted the ----------------- 1 Capitalized terms that are not otherwise defined in this letter agreement will have the definitions set forth in the Power Purchase Agreement. PEPCO system prior to the merger or combination. Again, the parties have raised various legal and equitable arguments to support their positions. The third dispute involves the initial determination of the firm displacement tariff rate for transportation on the Columbia LNG pipeline for purposes of determining the FGMRi and IGRi pursuant to Subsections 6.2(b)(v) and 6.2(b)(vi) of the Power Purchase Agreement, respectively. The fourth dispute involves determining the period of time for which the Unit commitment Payment for Must Run hours will be made under Subsection 6.2(b) of the Power Purchase Agreement under existing circumstances. According to Article 17 of the Power Purchase Agreement, the Parties are required to attempt to resolve all disputes arising under the Power Purchase Agreement promptly, equitably and in a good faith manner. In the event that the Parties are unable to resolve any such dispute, the parties are required to submit such dispute to the Maryland Public Service Commission. This letter agreement settles all claims between PEPCO and Panda with respect to each of the disputes described above. In particular, PEPCO and Panda each hereby waives, and releases the other party from, all actions, claims, demands, causes of action and assertions of right that may be brought by it, whether known or unknown, developed or undeveloped, arising out of each of the disputes described above. Such waiver and release, however, is not applicable to actions, claims, demands, causes of a...
of the Power Purchase Agreement. Section 3.2B(4) of the Power Purchase Agreement is hereby amended by adding the following at the end of the fourth sentence (“Such confirmation shall include the date and time of occurrence as well as the cause of the Unit Trip”) of that Section:
of the Power Purchase Agreement. Section 5.1 of the Power Purchase Agreement is hereby amended by adding the following new Sections 5.1C and 5.1D:
of the Power Purchase Agreement. Section 6.1 of the Power Purchase Agreement is amended by adding at the end of clause “(i)” in the third sentence (“backup data for the computation of the Capacity Charge”) the following: including but not limited to a certification by AES Hawaii that, except as otherwise reported in Unit Incident Reports or in the certificate itself, the entire Committed Capacity was continuously available during the preceding Calendar Month….
of the Power Purchase Agreement. Section 8.2 of the Power Purchase Agreement is hereby amended by deleting the last sentence thereof.
