Operation and Maintenance of the Facility. Seller shall construct, operate and maintain, or cause to be constructed, operated and maintained, during the Term, at its sole cost and expense, the Facility, including all Interconnection Facilities, in accordance with Prudent Industry Practices, and otherwise in accordance with this Agreement. Except to the extent that the Facility is not available to produce Gas during a Scheduled Maintenance Outage or Unscheduled Maintenance Outage or as a result of a failure of performance that is excused in accordance with Article XIII, Seller shall use Commercially Reasonable Efforts to operate the Facility to produce and make available to Purchaser the Baseload Quantity on each Day during the Delivery Term.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (USA Synthetic Fuel Corp), Purchase and Sale Agreement (USA Synthetic Fuel Corp), Purchase and Sale Agreement (Global Energy, Inc.)
