Operation of the Plant. 1 The Seller shall operate the Plant to the maximum extent feasible consistent with Prudent Operating Practice. The Buyer shall not assert the Seller’s liability for, and the Seller shall not be liable to the Buyer for, any direct damages resulting from the Seller’s inadvertent or accidental failure to deliver the Net Electrical Output unless the Seller is grossly negligent. Unless specifically allowed pursuant to this Agreement, where without the Buyer’s prior written approval the Seller deliberately reduces the expected net electrical output for the purpose of selling or attempting to sell the Net Electrical Output to any third party, or for the purpose of producing any other form of energy capable of being produced at the Plant in lieu of the Net Electrical Output, the limitation of the Seller’s liability shall not apply.
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