Common use of Operating Procedures Clause in Contracts

Operating Procedures. 4.5.1 Within thirty (30) Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize the Operating Procedures addressing all operational interfaces between the Purchaser and the Seller. The Operating Procedures shall: 4.5.1.1 take proper account of the design of the Complex, the Metering Systems, and the Grid System; and 4.5.1.2 be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 The procedure for developing and finalising the Operating Procedures shall be as follows: 4.5.2.1 Within thirty (30) Days following the establishment of the Operating Committee, the Seller shall deliver to the Purchaser in writing proposed draft Operating Procedures; 4.5.2.2 the Purchaser shall provide comments in writing on the draft Operating Procedures within fifteen (15) Days following the date the draft Operating Procedures are delivered by the Seller to the Purchaser, and each Party shall make a representative available to meet within seven (7) Days following the end of such seven (7) Day period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party. 4.5.2.3 as soon as is practicable after the meeting referred to in Clause4.5.2.2, but in any event within seven (7) Days following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating Procedures, incorporating to the extent agreed each of the Parties’ proposed changes; 4.5.2.4 the Purchaser shall provide final comments on the final draft Operating Procedures within seven (7) Days after its receipt by the Purchaser and, within seven (7) Days after a request from the Seller, the Purchaser shall make its representatives available to meet at a venue to be mutually agreed by the parties, and review its comments and proposed changes with the Seller; and 4.5.2.5 the Seller shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Purchaser and shall provide a final draft to the Purchaser as soon as practicable, and in any event within seven (7) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 20.

Appears in 1 contract

Sources: Power Purchase Agreement

Operating Procedures. 4.5.1 (a) Within thirty (30) Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize the Operating Procedures addressing all operational interfaces between the Purchaser and the Seller. The Operating Procedures shall: 4.5.1.1 (i) take proper account of the design of the Complex, the Metering Systems, the Anemometry System, the [Complex Monitoring System/SCADA System] and the Grid System; (ii) refer to the operational practices and procedures stipulated in the Grid Code which are not inconsistent with the operation, scheduling and Despatch of the Complex; and 4.5.1.2 (iii) be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 (b) The procedure for developing and finalising the Operating Procedures shall be as follows: 4.5.2.1 Within (i) within thirty (30) Days following the establishment of the Operating Committee, the Seller shall deliver to the Purchaser in writing writing: (A) proposed draft Operating Procedures; and (B) a report identifying the provisions of the Grid Code, if any, which are inconsistent with the operation, scheduling and Despatch of wind powered generation facilities and in relation to which the Seller shall apply to NEPRA to relieve the Seller from the obligation to comply with such provisions ("Grid Code Release Report"); 4.5.2.2 (ii) the Purchaser shall provide comments in writing on the draft Operating Procedures and the Grid Code Release Report within fifteen thirty (1530) Days following the date the draft Operating Procedures are delivered by the Seller to the Purchaser, and each Party shall make a representative available to meet within seven ten (710) Days following the end of such seven thirty (730) Day period to review each Party’s comments on the draft Operating Procedures and the Grid Code Release Report and on the proposed changes and any objections to the proposed changes of a Party. 4.5.2.3 (iii) as soon as is practicable after the meeting referred to in Clause4.5.2.2Section 2.5(b)(ii), but in any event within seven thirty (730) Days following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating ProceduresProcedures and a revised draft of the Grid Code Release Report, incorporating to the extent agreed each of the Parties’ proposed changes; 4.5.2.4 (iv) the Purchaser shall provide final comments on the final draft Operating Procedures and the revised draft of the Grid Code Release Report within seven fifteen (715) Business Days after its receipt by the Purchaser and, within seven five (75) Business Days after a request from the Seller, the Purchaser shall make its representatives available in [Lahore], Pakistan, to meet at a venue to be mutually agreed by the parties, and review its comments and proposed changes with the Seller; and 4.5.2.5 (v) the Seller shall revise the draft Operating Procedures and the Grid Code Release Report (as revised under sub-clause (iv) hereinabove) to incorporate such additions or modifications required by the Purchaser and shall provide a final draft drafts to the Purchaser as soon as practicable, and in any event within seven ten (710) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating ProceduresProcedures and the Grid Code Release Report (as revised under sub-clause (iv) hereinabove) . Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures and the Grid Code Release Report shall be determined in accordance with Clause 20Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. (vi) Upon finalisation of the Grid Code Release Report pursuant to this Section 2.5(b), the Seller shall forthwith apply to NEPRA for an authorisation relieving the Seller from the provisions identified to that end in the Grid Code Release Report. The Purchaser shall provide such information and shall participate in the proceedings, if any, before NEPRA as may be necessary or appropriate for expeditious and effective decision by NEPRA on the application of the Seller. The decision of NEPRA shall be incorporated in and made an integral part of the Operating Procedures. (c) Following the finalisation of the Operating Procedures pursuant to Section 2.5(b), either Party may propose changes to the Operating Procedures from time to time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the way it is then treated in the Operating Procedures shall be determined in accordance with Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. (d) The Seller and the Purchaser shall mutually develop an inter-tripping schedule no later than sixty (60) Days prior to the required implementation of such schedule. Such inter-tripping schedule shall be based on a proposed schedule submitted to the Seller by the Purchaser at least one hundred and twenty (120) Days prior to the date implementation of such schedule is required.

Appears in 1 contract

Sources: Energy Purchase Agreement

Operating Procedures. 4.5.1 (a) Within thirty (30) Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize the Operating Procedures addressing all operational interfaces between the Purchaser and the Seller. The Operating Procedures shall: 4.5.1.1 (i) take proper account of the design of the Complex, the Metering Systems, the Anemometry System, the [Complex Monitoring System/SCADA System] and the Grid System; (ii) refer to the operational practices and procedures stipulated in the Grid Code which are not inconsistent with the operation, scheduling and Despatch of the Complex; and 4.5.1.2 (iii) be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 (b) The procedure for developing and finalising the Operating Procedures shall be as follows: 4.5.2.1 Within (i) within thirty (30) Days following the establishment of the Operating Committee, the Seller shall deliver to the Purchaser in writing writing: (A) proposed draft Operating Procedures; and (B) a report identifying the provisions of the Grid Code, if any, which are inconsistent with the operation, scheduling and Despatch of wind powered generation facilities and in relation to which the Seller shall apply to THE AUTHORITY to relieve the Seller from the obligation to comply with such provisions ("Grid Code Release Report"); 4.5.2.2 (ii) the Purchaser shall provide comments in writing on the draft Operating Procedures and the Grid Code Release Report within fifteen thirty (1530) Days following the date the draft Operating Procedures are delivered by the Seller to the Purchaser, and each Party shall make a representative available to meet within seven ten (710) Days following the end of such seven thirty (730) Day period to review each Party’s comments on the draft Operating Procedures and the Grid Code Release Report and on the proposed changes and any objections to the proposed changes of a Party. 4.5.2.3 (iii) as soon as is practicable after the meeting referred to in Clause4.5.2.2Clause 9.12(b)(ii), but in any event within seven thirty (730) Days following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating ProceduresProcedures and a revised draft of the Grid Code Release Report, incorporating to the extent agreed each of the Parties’ proposed changes; 4.5.2.4 (iv) the Purchaser shall provide final comments on the final draft Operating Procedures and the revised draft of the Grid Code Release Report within seven fifteen (715) Business Days after its receipt by the Purchaser and, within seven (7) Days after a request from the Seller, the Purchaser shall make its representatives available to meet at a venue to be mutually agreed by the parties, and review its comments and proposed changes with the Seller; and 4.5.2.5 the Seller shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Purchaser and shall provide a final draft to the Purchaser as soon as practicable, and in any event within seven (7) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 20.five

Appears in 1 contract

Sources: Power Purchase Agreement

Operating Procedures. 4.5.1 (a) Within thirty (30) Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize the Operating Procedures addressing all operational interfaces between the Power Purchaser and the SellerCompany. The Operating Procedures shall: 4.5.1.1 (i) take proper account of the design of the Complex, the Metering Systems, and the Grid System; and 4.5.1.2 (ii) be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 (b) The procedure for developing and finalising the Operating Procedures shall be as follows: 4.5.2.1 Within thirty (30i) within forty-five (45) Days following the establishment of the Operating Committee, the Seller Company shall deliver to the Power Purchaser in writing proposed draft Operating Procedures; 4.5.2.2 (ii) the Power Purchaser shall provide comments in writing on the draft Operating Procedures within fifteen twenty-five (1525) Days following the date the draft Operating Procedures are delivered by the Seller Company to the Power Purchaser, and each Party shall make a representative available to meet within seven ten (710) Days following the end of such seven twenty-five (725) Day period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party. 4.5.2.3 (iii) as soon as is practicable after the meeting referred to in Clause4.5.2.2Section 2.5(b)(ii), but in any event within seven thirty (730) Days following the end of such meeting, the Seller Company shall provide the Power Purchaser with proposed final draft Operating Procedures, incorporating to the extent agreed each of the Parties’ proposed changes; 4.5.2.4 (iv) the Power Purchaser shall provide final comments on the final draft Operating Procedures within seven fifteen (715) Business Days after its receipt by the Power Purchaser and, within seven five (75) Business Days after a request from the SellerCompany, the Power Purchaser shall make its representatives available in Lahore, Pakistan, to meet at a venue to be mutually agreed by the parties, and review its comments and proposed changes with the SellerCompany; and 4.5.2.5 (v) the Seller Company shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Power Purchaser and shall provide a final draft to the Power Purchaser as soon as practicable, and in any event within seven ten (710) Days following receipt of the Power Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 20Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. (c) Following the finalisation of the Operating Procedures pursuant to Section 2.5(b), either Party may propose changes to the Operating Procedures from time to time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the way it is then treated in the Operating Procedures shall be determined in accordance with Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. (d) The Company and the Power Purchaser shall mutually develop an inter- tripping schedule no later than sixty (60) Days prior to the required implementation of such schedule. Such inter-tripping schedule shall be based on a proposed schedule submitted to the Company by the Power Purchaser at least one hundred and twenty (120) Days prior to the date implementation of such schedule is required.

Appears in 1 contract

Sources: Power Purchase Agreement

Operating Procedures. 4.5.1 (a) Within thirty (30) Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize the Operating Procedures addressing all operational interfaces between the Purchaser Power Purchaser, NTDC and the SellerCompany, other then those matters to be addressed by the Metering Committee. The Operating Procedures shall: 4.5.1.1 (i) take proper account of the design of the Complex, the Metering Systems, and the Grid System; and 4.5.1.2 (ii) be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 (b) The procedure for developing and finalising the Operating Procedures shall be as follows: 4.5.2.1 Within thirty (30i) within forty-five (45) Days following the establishment of the Operating Committee, the Seller Company shall propose and deliver to the Power Purchaser and NTDC in writing proposed writing, draft Operating Procedures; 4.5.2.2 (ii) the Power Purchaser and NTDC shall provide their respective comments in writing on the draft Operating Procedures within fifteen twenty-five (1525) Days following the date the draft Operating Procedures are delivered by the Seller Company to the PurchaserPower Purchaser and NTDC, and each Party shall make a representative available to meet within seven ten (710) Days following the end of such seven twenty-five (725) Day period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the changes proposed changes of by a Party. 4.5.2.3 (iii) as soon as is practicable after the meeting referred to in Clause4.5.2.2Section 2.5(b)(ii), but in any event within seven thirty (730) Days following the end of such meeting, the Seller Company shall provide the Power Purchaser and NTDC with proposed final draft Operating Procedures, incorporating to the extent agreed by the Parties, each of the Parties’ proposed changes, if any; 4.5.2.4 (iv) the Power Purchaser and NTDC shall provide final comments on the final draft Operating Procedures within seven fifteen (715) Business Days after its receipt by the Power Purchaser andand NTDC, and within seven five (75) Business Days after a request from the SellerCompany, the Power Purchaser and NTDC shall make its representatives available in [.], Pakistan, to meet at a venue to be mutually agreed by the parties, and review its their respective comments and proposed changes changes, with the SellerCompany; and 4.5.2.5 (v) the Seller Company shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Power Purchaser and NTDC, and shall provide a final draft to the Power Purchaser and NTDC as soon as practicable, and in any event within seven ten (710) Days following receipt of the Power Purchaser’s and / or NTDC's comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 20Section 18.2. The determination of the Expert shall be final and binding on all the Parties with respect to the resolution of such Dispute. (c) Following the finalisation of the Operating Procedures pursuant to Section 2.5(b), any Party may propose changes to the Operating Procedures from time to time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the way it is then treated in the Operating Procedures shall be determined in accordance with Section 18.2. The determination of the Expert shall be final and binding on all the Parties with respect to the resolution of such Dispute. (d) The Company, the Power Purchaser and NTDC shall mutually develop an inter- tripping schedule no later than sixty (60) Days prior to the required implementation of such schedule. Such inter-tripping schedule shall be based on a proposed schedule submitted to the Company by NTDC at least one hundred and twenty (120) Days prior to the date implementation of such schedule is required. (e) Copies of the inter-tripping schedule to be developed in terms of Section 2.5(d) and the Operating Procedures shall be sent to the Power Purchaser for information.

Appears in 1 contract

Sources: Power Purchase Agreement

Operating Procedures. 4.5.1 (a) Within thirty (30) Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize work towards finalizing the Operating Procedures addressing all operational interfaces between the Purchaser and the Seller. The Operating Procedures shall: 4.5.1.1 (i) take proper account of the design of the Complex, the Metering Systems, and the Grid System; and 4.5.1.2 (ii) be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 (b) The procedure for developing and finalising finalizing the Operating Procedures shall be as follows: 4.5.2.1 Within thirty : within forty-five (3045) Days following the establishment of the Operating Committee, the Seller shall deliver to the Purchaser in writing proposed draft Operating Procedures; 4.5.2.2 ; the Purchaser shall provide comments in writing on the draft Operating Procedures within fifteen twenty-five (1525) Days following the date the draft Operating Procedures are delivered by the Seller to the Purchaser, and each Party shall make a representative available to meet within seven ten (710) Days following the end of such seven twenty-five (725) Day period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party. 4.5.2.3 ; as soon as is practicable after the meeting referred to in Clause4.5.2.2Section 2.5(b)(ii), but in any event within seven thirty (730) Days following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating Procedures, incorporating to the extent agreed each of the Parties’ proposed changes; 4.5.2.4 ; the Purchaser shall provide final comments on the final draft Operating Procedures within seven fifteen (715) Business Days after its receipt by the Purchaser and, within seven five (75) Business Days after a request from the Seller, the Purchaser shall make its representatives available at Islamabad, Pakistan, to meet at a venue to be mutually agreed by the parties, and review its comments and proposed changes with the Seller; and 4.5.2.5 and the Seller shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Purchaser and shall provide a final draft to the Purchaser as soon as practicable, and in any event within seven ten (710) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 20Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. (c) Following the finalization of the Operating Procedures pursuant to Section 2.5(b), either Party may propose changes to the Operating Procedures from time to time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the way it is then treated in the Operating Procedures shall be determined in accordance with Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. (d) The Seller and the Purchaser shall mutually develop an inter-tripping schedule no later than sixty (60) Days prior to the required implementation of such schedule. Such inter-tripping schedule shall be based on a proposed schedule submitted to the Seller by the Purchaser at least one hundred and twenty (120) Days prior to the date implementation of such schedule is required. (e) The Purchaser may delegate its functions and responsibilities under this Section 2.5 for developing and finalizing the Operating Procedures to the Grid System Operator.

Appears in 1 contract

Sources: Energy Purchase Agreement

Operating Procedures. 4.5.1 (a) Within thirty (30) Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize the Operating Procedures addressing all operational interfaces between the Purchaser and the Seller. The Operating Procedures shall: 4.5.1.1 (i) take proper account of the design of the Complex, the Metering Systems, the Meteorological Station, the Complex Monitoring System and the Grid System; (ii) refer to the operational practices and procedures stipulated in the Grid Code consistent with the operation, scheduling and Despatch of the Complex; and 4.5.1.2 (iii) be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 (iv) manage the procedures for the implementation of the Hybrid Forecast Model for energy forecasting. (b) The procedure for developing and finalising finalizing the Operating Procedures shall be as follows: 4.5.2.1 Within (i) within thirty (30) Days following the establishment of the Operating Committee, the Seller shall deliver to the Purchaser in writing proposed draft Operating Procedures; 4.5.2.2 (ii) the Purchaser shall provide comments and advise the Seller of all matters and information the Purchaser believes are required to be included in the Operating Procedures in writing on the draft Operating Procedures within fifteen thirty (1530) Days following the date the draft Operating Procedures are delivered by the Seller to the Purchaser, and each Party shall make a representative available to meet within seven (7) Days following the end of such seven (7) Day period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party. 4.5.2.3 as soon as is practicable after the meeting referred to in Clause4.5.2.2, but in any event within seven (7) Days following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating Procedures, incorporating to the extent agreed each of the Parties’ proposed changes; 4.5.2.4 the Purchaser shall provide final comments on the final draft Operating Procedures within seven (7) Days after its receipt by the Purchaser and, within seven (7) Days after a request from the Seller, the Purchaser shall make its representatives available to meet at a venue to be mutually agreed by the parties, and review its comments and proposed changes with the Seller; and 4.5.2.5 the Seller shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Purchaser and shall provide a final draft to the Purchaser as soon as practicable, and in any event within seven (7) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 20.ten

Appears in 1 contract

Sources: Energy Purchase Agreement

Operating Procedures. 4.5.1 (a) Within thirty (30) Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize work towards finalizing the Operating Procedures addressing all operational interfaces between the Purchaser and the Seller. The Operating Procedures shall: 4.5.1.1 (i) take proper account of the design of the Complex, the Metering Systems, the Meteorological Station, the Complex Monitoring System and the Grid System; (ii) refer to the operational practices and procedures stipulated in the Grid Code consistent with the operation, scheduling and Despatch of the Complex; and 4.5.1.2 (iii) be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 (b) The procedure for developing and finalising the Operating Procedures shall be as follows: 4.5.2.1 Within (i) within thirty (30) Days following the establishment of the Operating Committee, the Seller shall deliver to the Purchaser in writing proposed draft Operating Procedures; 4.5.2.2 (ii) the Purchaser shall provide comments and advise the Seller of all matters and information the Purchaser believes are required to be included in the Operating Procedures in writing on the draft Operating Procedures within fifteen thirty (1530) Days following the date the draft Operating Procedures are delivered by the Seller to the Purchaser, and each Party shall make a representative available to meet within seven ten (710) Days following the end of such seven thirty (730) Day period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party.; 4.5.2.3 (iii) as soon as is practicable after the meeting referred to in Clause4.5.2.2Section 2.5(b)(ii), but in any event within seven thirty (730) Days following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating Procedures, Procedures incorporating to the extent agreed each of the Parties’ proposed changes; 4.5.2.4 (iv) the Purchaser shall provide final comments on the final draft Operating Procedures within seven fifteen (715) Business Days after its receipt by the Purchaser and, within seven five (75) Business Days after a request from the Seller, the Purchaser shall make its representatives available in Lahore Pakistan, to meet at a venue to be mutually agreed by the parties, and review its comments and proposed changes with the Seller; and; 4.5.2.5 (v) the Seller shall revise the draft Operating Procedures (as revised under sub-clause (iv) hereinabove) to incorporate such additions or modifications required by the Purchaser and shall provide a final draft drafts to the Purchaser as soon as practicable, and in any event within seven ten (710) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating ProceduresProcedures (as revised under sub-clause (iv) hereinabove). Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 20Article XVIII. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. (c) Following the finalisation of the Operating Procedures pursuant to Section 2.5(b), either Party may propose changes to the Operating Procedures from time to time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the way it is then treated in the Operating Procedures shall be determined in accordance with Article XVIII. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. (d) Not used.

Appears in 1 contract

Sources: Energy Purchase Agreement

Operating Procedures. 4.5.1 (a) Within thirty (30) Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize the Operating Procedures addressing all operational interfaces between the Power Purchaser and the SellerCompany. The Operating Procedures shall: 4.5.1.1 (i) take proper account of the design of the Complex, the Metering Systems, and the Grid System; and 4.5.1.2 (ii) be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 (b) The procedure for developing and finalising the Operating Procedures shall be as follows: 4.5.2.1 Within thirty (30i) within forty-five (45) Days following the establishment of the Operating Committee, the Seller Company shall deliver to the Power Purchaser in writing proposed draft Operating Procedures; 4.5.2.2 (ii) the Power Purchaser shall provide comments in writing on the draft Operating Procedures within fifteen twenty-five (1525) Days following the date the draft Operating Procedures are delivered by the Seller Company to the Power Purchaser, and each Party shall make a representative available to meet within seven ten (710) Days following the end of such seven twenty-five (725) Day period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party. 4.5.2.3 (iii) as soon as is practicable after the meeting referred to in Clause4.5.2.2Section 2.5(b)(ii), but in any event within seven thirty (730) Days following the end of such meeting, the Seller Company shall provide the Power Purchaser with proposed final draft Operating Procedures, incorporating to the extent agreed each of the Parties’ proposed changes; 4.5.2.4 (iv) the Power Purchaser shall provide final comments on the final draft Operating Procedures within seven fifteen (715) Business Days after its receipt by the Power Purchaser and, within seven five (75) Business Days after a request from the SellerCompany, the Power Purchaser shall make its representatives available in Lahore, Pakistan, to meet at a venue to be mutually agreed by the parties, and review its comments and proposed changes with the SellerCompany; and 4.5.2.5 (v) the Seller Company shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Power Purchaser and shall provide a final draft to the Power Purchaser as soon as practicable, and in any event within seven ten (710) Days following receipt of the Power Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 20Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. (c) Following the finalization of the Operating Procedures pursuant to Section 2.5(b), either Party may propose changes to the Operating Procedures from time to time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the way it is then treated in the Operating Procedures shall be determined in accordance with Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. (d) The Company and the Power Purchaser shall mutually develop an inter-tripping schedule no later than sixty (60) Days prior to the required implementation of such schedule. Such inter-tripping schedule shall be based on a proposed schedule submitted to the Company by the Power Purchaser at least one hundred and twenty (120) Days prior to the date implementation of such schedule is required.

Appears in 1 contract

Sources: Power Purchase Agreement

Operating Procedures. 4.5.1 ‌ (a) Within thirty (30) Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize work towards finalizing the Operating Procedures addressing all operational interfaces interface between the Purchaser and the Seller. The Operating Procedures shall: 4.5.1.1 (i) take proper account of the design of the Complex, the Metering Systems, the Complex Monitoring System and the Grid System; (ii) refer to the operational practices and procedures stipulated in the Grid Code which are not inconsistent with the operation, scheduling and Despatch of the Complex; and 4.5.1.2 (iii) be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 (b) The procedure for developing and finalising finalizing the Operating Procedures shall be as follows:the following:- 4.5.2.1 (i) Within thirty (30) Days following the establishment of the Operating Committee, the Seller shall deliver to the Purchaser in writing proposed draft Operating Procedures; 4.5.2.2 the Purchaser shall provide comments Procedures in writing on to the draft Operating Procedures within fifteen Purchaser. (15ii) Within thirty (30) Days following the date the datethe draft Operating Procedures are delivered by the Seller to the Purchaser, the Purchaser shall,in writing, provide comments and advise the Seller of all matters and information the Purchaser believes are required to be included in the Operating Procedures;and, within ten (10) Days following the end of such thirty (30) Day period,each Party shall make a representative available to meet within seven (7) Days following the end of such seven (7) Day period meet, so as to review each Party’s comments on the draft Operating Procedures and on the proposed changes changes, and on any objections to any of the proposed changes of a Party. 4.5.2.3 as (iii) As soon as is practicable after the meeting referred to in Clause4.5.2.2Section 2.5(b)(ii), but in any event within seven thirty (730) Days following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating ProceduresProcedures incorporating, incorporating to the extent agreed agreed, each of the Parties’ proposed changes;. 4.5.2.4 the (iv) The Purchaser shall provide final comments on the final draft Operating Procedures within seven fifteen (715) Business Days after its receipt by the Purchaser and, within seven five (75) Business Days after a request from the Seller, the Purchaser shall make its representatives available in Lahore, Pakistan, to meet at a venue to be mutually agreed by with the parties, Seller and review its comments and proposed changes with the Seller; andchanges. 4.5.2.5 the (v) The Seller shall revise the draft Operating Procedures in accordance with sub-clause (iv) hereinabove, so as to incorporate such additions or modifications required by the Purchaser Purchaser, and shall provide a the final draft to the Purchaser as soon as practicable, and in any event within seven ten (710) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedureschanges. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 20Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. (c) Following finalization of the Operating Procedures pursuant to Section 2.5(b), either Party may propose changes to the Operating Procedures from time to time as changes in events and circumstances may require. The Parties shall meet and, in good faith, discuss such proposed changes and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the way it is then treated in the Operating Procedures, shall be determined in accordance with Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. (d) The Seller and the Purchaser shall mutually develop an inter-tripping schedule no later than sixty (60) Days prior to the required implementation of such schedule. Such inter-tripping schedule shall be based on a proposed schedule submitted to the Seller by the Purchaser, at least one hundred and twenty (120) Days prior to the date implementation of such schedule is required.

Appears in 1 contract

Sources: Energy Purchase Agreement

Operating Procedures. 4.5.1 (a) Within thirty (30) Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize work towards finalizing the Operating Procedures addressing all operational interfaces between the Purchaser and the Seller. The Operating Procedures shall: 4.5.1.1 (i) take proper account of the design of the Complex, the Metering Systems, and the Grid System; and 4.5.1.2 (ii) be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 (b) The procedure for developing and finalising finalizing the Operating Procedures shall be as follows: 4.5.2.1 Within thirty (30i) within forty-five (45) Days following the establishment of the Operating Committee, the Seller shall deliver to the Purchaser in writing proposed draft Operating Procedures; 4.5.2.2 (ii) the Purchaser shall provide comments in writing on the draft Operating Procedures within fifteen twenty-five (1525) Days following the date the draft Operating Procedures are delivered by the Seller to the Purchaser, and each Party shall make a representative available to meet within seven ten (710) Days following the end of such seven twenty-five (725) Day period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party.; 4.5.2.3 (iii) as soon as is practicable after the meeting referred to in Clause4.5.2.2Section 2.5(b)(ii), but in any event within seven thirty (730) Days following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating Procedures, incorporating to the extent agreed each of the Parties’ proposed changes; 4.5.2.4 (iv) the Purchaser shall provide final comments on the final draft Operating Procedures within seven fifteen (715) Business Days after its receipt by the Purchaser and, within seven five (75) Business Days after a request from the Seller, the Purchaser shall make its representatives available at Islamabad, Pakistan, to meet at a venue to be mutually agreed by the parties, and review its comments and proposed changes with the Seller; and 4.5.2.5 (v) the Seller shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Purchaser and shall provide a final draft to the Purchaser as soon as practicable, and in any event within seven ten (710) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 20Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. (c) Following the finalization of the Operating Procedures pursuant to Section 2.5(b), either Party may propose changes to the Operating Procedures from time to time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the way it is then treated in the Operating Procedures shall be determined in accordance with Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. (d) The Seller and the Purchaser shall mutually develop an inter-tripping schedule no later than sixty (60) Days prior to the required implementation of such schedule. Such inter-tripping schedule shall be based on a proposed schedule submitted to the Seller by the Purchaser at least one hundred and twenty (120) Days prior to the date implementation of such schedule is required. (e) The Purchaser may delegate its functions and responsibilities under this Section 2.5 for developing and finalizing the Operating Procedures to the Grid System Operator.

Appears in 1 contract

Sources: Energy Purchase Agreement

Operating Procedures. 4.5.1 Within thirty (30) Days 30)Days of the establishment of establishmentof the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize the Operating Procedures addressing all operational interfaces between the Purchaser and the Seller. The Operating Procedures shall: 4.5.1.1 take proper account of the design of the Complex, the Metering Systems, and the Grid System; and 4.5.1.2 be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 The procedure for developing and finalising the Operating Procedures shall be as follows: 4.5.2.1 Within thirty (30) Days following the establishment of the Operating Committee, the Seller shall deliver to the Purchaser in writing proposed draft Operating Procedures; 4.5.2.2 the Purchaser shall provide comments in writing on the draft Operating Procedures within fifteen (15) Days following the date the draft Operating Procedures are delivered by the Seller to the Purchaser, and each Party shall make a representative available to meet within seven (7) Days following the end of such seven (7) Day period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party. 4.5.2.3 as As soon as is practicable after the meeting referred to in Clause4.5.2.2Clause 4.5.2.2, but in any event within seven (7) Days following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating Procedures, incorporating to the extent agreed each of the Parties’ proposed changes; 4.5.2.4 the Purchaser shall provide final comments on the final draft Operating Procedures within seven withinseven (7) Days after its receipt by the Purchaser and, within seven withinseven (7) Days after a request from the Seller, the Purchaser shall make its representatives available to meet at a venue to be mutually agreed by the parties, and review its comments and proposed changes with the Seller; and 4.5.2.5 the Seller shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Purchaser and shall provide a final draft to the Purchaser as soon as practicable, and in any event within seven (7) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 202019.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. 4.5.3 Following the finalization of the Operating Procedures pursuant to Clause 4.5.2.5, either Party may propose changes to the Operating Procedures from time to time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the way it is then treated in the Operating Procedures shall be determined in accordance with Clause 4.5. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. 4.5.4 The Seller and the Purchaser shall mutually develop an inter-tripping schedule no later than sixty (60)Days prior to the required implementation of such schedule. Such inter-tripping schedule shall be based on a proposed schedule submitted to the Seller by the Purchaser at least one twenty (120)Days prior to the date implementation of such schedule is required. 4.5.5 The operating procedures shall be deemed to have been developed by the Seller and the prior written consent by the Purchaser in accordance with this Clause 4.5 shall not relieve the Seller of any liability, obligation or responsibility under this Agreement and shall not relieve the Seller from developing and submitting to the Purchaser sound and reliable operating procedures.

Appears in 1 contract

Sources: Power Purchase Agreement

Operating Procedures. 4.5.1 (a) Within thirty (30) Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize work towards finalizing the Operating Procedures addressing all operational interfaces between the Purchaser and the Seller. The Operating Procedures shall: 4.5.1.1 (i) take proper account of the design of the Complex, the Metering Systems, the Anemometry System, the Complex Monitoring System and the Grid System; (ii) refer to the operational practices and procedures stipulated in the Grid Code which are not inconsistent with the operation, scheduling and Despatch of the Complex; and 4.5.1.2 (iii) be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 (b) The procedure for developing and finalising the Operating Procedures shall be as follows: 4.5.2.1 Within (i) within thirty (30) Days following the establishment of the Operating Committee, the Seller shall deliver to the Purchaser in writing proposed draft Operating Procedures; 4.5.2.2 (ii) the Purchaser shall provide comments and advise the Seller of all matters and information the Purchaser believes are required to be included in the Operating Procedures in writing on the draft Operating Procedures within fifteen thirty (1530) Days following the date the draft Operating Procedures are delivered by the Seller to the Purchaser, and each Party shall make a representative available to meet within seven (7) Days following the end of such seven (7) Day period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party. 4.5.2.3 as soon as is practicable after the meeting referred to in Clause4.5.2.2, but in any event within seven (7) Days following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating Procedures, incorporating to the extent agreed each of the Parties’ proposed changes; 4.5.2.4 the Purchaser shall provide final comments on the final draft Operating Procedures within seven (7) Days after its receipt by the Purchaser and, within seven (7) Days after a request from the Seller, the Purchaser shall make its representatives available to meet at a venue to be mutually agreed by the parties, and review its comments and proposed changes with the Seller; and 4.5.2.5 the Seller shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Purchaser and shall provide a final draft to the Purchaser as soon as practicable, and in any event within seven (7) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 20.ten

Appears in 1 contract

Sources: Energy Purchase Agreement

Operating Procedures. 4.5.1 (a) Within thirty (30) Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize work towards finalizing the Operating Procedures addressing all operational interfaces between the Purchaser and the Seller. The Operating Procedures shall: 4.5.1.1 (i) take proper account of the design of the Complex, the Metering Systems, the Complex Monitoring System and the Grid System; (ii) refer to the operational practices and procedures stipulated in the Grid Code which are not inconsistent with the operation, scheduling and Despatch of the Complex; and 4.5.1.2 (iii) be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 (b) The procedure for developing and finalising the Operating Procedures shall be as follows: 4.5.2.1 Within (i) within thirty (30) Days following the establishment of the Operating Committee, the Seller shall deliver to the Purchaser in writing proposed draft Operating Procedures; 4.5.2.2 (ii) the Purchaser shall provide comments and advise the Seller of all matters and information the Purchaser believes are required to be included in the Operating Procedures in writing on the draft Operating Procedures within fifteen thirty (1530) Days following the date the draft Operating Procedures are delivered by the Seller to the Purchaser, and each Party shall make a representative available to meet within seven (7) Days following the end of such seven (7) Day period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party. 4.5.2.3 as soon as is practicable after the meeting referred to in Clause4.5.2.2, but in any event within seven (7) Days following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating Procedures, incorporating to the extent agreed each of the Parties’ proposed changes; 4.5.2.4 the Purchaser shall provide final comments on the final draft Operating Procedures within seven (7) Days after its receipt by the Purchaser and, within seven (7) Days after a request from the Seller, the Purchaser shall make its representatives available to meet at a venue to be mutually agreed by the parties, and review its comments and proposed changes with the Seller; and 4.5.2.5 the Seller shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Purchaser and shall provide a final draft to the Purchaser as soon as practicable, and in any event within seven (7) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 20.ten

Appears in 1 contract

Sources: Energy Purchase Agreement

Operating Procedures. 4.5.1 Within thirty (30) Days 30)Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize the Operating Procedures addressing all operational interfaces between the Purchaser and the Seller. The Operating Procedures shall: 4.5.1.1 take proper account of the design of the Complex, the Metering Systems, and the Grid System; and 4.5.1.2 be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 The procedure for developing and finalising the Operating Procedures shall be as follows: 4.5.2.1 Within thirty (30) Days following the establishment of the Operating Committee, the Seller shall deliver to the Purchaser in writing proposed draft Operating Procedures; 4.5.2.2 the Purchaser shall provide comments in writing on the draft Operating Procedures within fifteen (15) Days following the date the draft Operating Procedures are delivered by the Seller to the Purchaser, and each Party shall make a representative available to meet within seven (7) Days following the end of such seven (7) Day period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party. 4.5.2.3 as soon as is practicable after the meeting referred to in Clause4.5.2.2Clause 4.5.2.2, but in any event within seven (7) Days following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating Procedures, incorporating to the extent agreed each of the Parties’ proposed changes; 4.5.2.4 the Purchaser shall provide final comments on the final draft Operating Procedures within seven (7) Days after its receipt by the Purchaser and, within seven (7) Days after a request from the Seller, the Purchaser shall make its representatives available to meet at a venue to be mutually agreed by the parties, and review its comments and proposed changes with the Seller; and 4.5.2.5 the Seller shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Purchaser and shall provide a final draft to the Purchaser as soon as practicable, and in any event within seven (7) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 202019.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. 4.5.3 Following the finalization of the Operating Procedures pursuant to Clause 4.5.2.5, either Party may propose changes to the Operating Procedures from time to time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the way it is then treated in the Operating Procedures shall be determined in accordance with Clause 4.5. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. 4.5.4 The Seller and the Purchaser shall mutually develop an inter-tripping schedule no later than sixty (60)Days prior to the required implementation of such schedule. Such inter-tripping schedule shall be based on a proposed schedule submitted to the Seller by the Purchaser at least one twenty (120)Days prior to the date implementation of such schedule is required. 4.5.5 The operating procedures shall be deemed to have been developed by the Seller and the prior written consent by the Purchaser in accordance with this Clause 4.5 shall not relieve the Seller of any liability, obligation or responsibility under this Agreement and shall not relieve the Seller from developing and submitting to the Purchaser sound and reliable operating procedures.

Appears in 1 contract

Sources: Power Purchase Agreement

Operating Procedures. 4.5.1 Within thirty (30) Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize the Operating Procedures addressing all operational interfaces between the Purchaser and the Seller. The Operating Procedures shall: 4.5.1.1 take proper account of the design of the Complex, the Metering Systems, and the Grid System; and 4.5.1.2 be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 The procedure for developing and finalising the Operating Procedures shall be as follows: 4.5.2.1 Within thirty (30) Days following the establishment of the Operating Committee, the Seller shall deliver to the Purchaser in writing proposed draft Operating Procedures; 4.5.2.2 the Purchaser shall provide comments in writing on the draft Operating Procedures within fifteen (15) Days following the date the draft Operating Procedures are delivered by the Seller to the Purchaser, and each Party shall make a representative available to meet within seven (7) Days following the end of such seven (7) Day Days period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party. 4.5.2.3 as soon as is practicable after the meeting referred to in Clause4.5.2.2Clause 4.5.2.2, but in any event within seven (7) Days following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating Procedures, incorporating to the extent agreed each of the Parties’ proposed changes; 4.5.2.4 the Purchaser shall provide final comments on the final draft Operating Procedures within seven (7) Days after its receipt by the Purchaser and, within seven (7) Days after a request from the Seller, the Purchaser shall make its representatives available to meet at a venue to be mutually agreed by the parties, and review its comments and proposed changes with the Seller; and 4.5.2.5 the Seller shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Purchaser and shall provide a final draft to the Purchaser as soon as practicable, and in any event within seven (7) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 19.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. 4.5.3 Following the finalization of the Operating Procedures pursuant to Clause 4.5.2.5, either Party may propose changes to the Operating Procedures from time to time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the way it is then treated in the Operating Procedures shall be determined in accordance with Clause 20.

Appears in 1 contract

Sources: Power Purchase Agreement

Operating Procedures. 4.5.1 Within thirty (30) Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize the Operating Procedures addressing all operational interfaces between the Purchaser and the Seller. The Operating Procedures shall: 4.5.1.1 take proper account of the design of the Complex, the Metering Systems, and the Grid System; and 4.5.1.2 be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 The procedure for developing and finalising the Operating Procedures shall be as follows: 4.5.2.1 Within thirty (30) Days following the establishment of the Operating Committee, the Seller shall deliver to the Purchaser in writing proposed draft Operating Procedures; 4.5.2.2 the Purchaser shall provide comments in writing on the draft Operating Procedures within fifteen (15) Days following the date the draft Operating Procedures are delivered by the Seller to the Purchaser, and each Party shall make a representative available to meet within seven (7) Days following the end of such seven (7) Day Days period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party. 4.5.2.3 as soon as is practicable after the meeting referred to in Clause4.5.2.2Clause 4.5.2.2, but in any event within seven (7) Days following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating Procedures, incorporating to the extent agreed each of the Parties’ proposed changes; 4.5.2.4 the Purchaser shall provide final comments on the final draft Operating Procedures within seven (7) Days after its receipt by the Purchaser and, within seven (7) Days after a request from the Seller, the Purchaser shall make its representatives available to meet at a venue to be mutually agreed by the parties, and review its comments and proposed changes with the Seller; and 4.5.2.5 the Seller shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Purchaser and shall provide a final draft to the Purchaser as soon as practicable, and in any event within seven (7) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 19.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. (20.2) 4.5.3 Following the finalization of the Operating Procedures pursuant to Clause 4.5.2.5, either Party may propose changes to the Operating Procedures from time to time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the way it is then treated in the Operating Procedures shall be determined in accordance with Clause 20.

Appears in 1 contract

Sources: Power Purchase Agreement

Operating Procedures. 4.5.1 Within thirty (30) Days of the establishment of the Operating Committee, the Parties shall cause the Operating Committee to meet and cause their respective designated members to finalize the Operating Procedures addressing all operational interfaces between the Purchaser and the Seller. The Operating Procedures shall: 4.5.1.1 take proper account of the design of the Complex, the Metering Systems, and the Grid System; and 4.5.1.2 be consistent with Prudent Electrical Utility Practices, Prudent Utility Practices, and the Technical Limits. 4.5.2 The procedure for developing and finalising the Operating Procedures shall be as follows: 4.5.2.1 Within thirty (30) Days following the establishment of the Operating Committee, the Seller shall deliver to the Purchaser in writing proposed draft Operating Procedures; 4.5.2.2 the Purchaser shall provide comments in writing on the draft Operating Procedures within fifteen (15) Days following the date the draft Operating Procedures are delivered by the Seller to the Purchaser, and each Party shall make a representative available to meet within seven (7) Days following the end of such seven (7) Day period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party. 4.5.2.3 as soon as is practicable after the meeting referred to in Clause4.5.2.2Clause 4.5.2.2, but in any event within seven (7) Days following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating Procedures, incorporating to the extent agreed each of the Parties’ proposed changes; 4.5.2.4 the Purchaser shall provide final comments on the final draft Operating Procedures within seven (7) Days after its receipt by the Purchaser and, within seven (7) Days after a request from the Seller, the Purchaser shall make its representatives available to meet at a venue to be mutually agreed by the parties, and review its comments and proposed changes with the Seller; and 4.5.2.5 the Seller shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Purchaser and shall provide a final draft to the Purchaser as soon as practicable, and in any event within seven (7) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Clause 2020.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. 4.5.3 Following the finalization of the Operating Procedures pursuant to Clause 4.5.2.5, either Party may propose changes to the Operating Procedures from time to time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the way it is then treated in the Operating Procedures shall be determined in accordance with Clause 20.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute. 4.5.4 The Seller and the Purchaser shall mutually develop an inter-tripping schedule no later than sixty (60) Days prior to the required implementation of such schedule. Such inter-tripping schedule shall be based on a proposed schedule submitted to the Seller by the Purchaser at least one twenty (120) Days prior to the date implementation of such schedule is required. 4.5.5 The operating procedures shall be deemed to have been developed by the Seller and the prior written consent by the Purchaser in accordance with this Clause 4.5 shall not relieve the Seller of any liability, obligation or responsibility under this Agreement and shall not relieve the Seller from developing and submitting to the Purchaser sound and reliable operating procedures.

Appears in 1 contract

Sources: Power Purchase Agreement