Performance Breaches Sample Clauses

Performance Breaches. (1) Each Performance Breach shall be evaluated using the most up-to-date meter data (V1 or V2) aggregated from all DR3 Schedules in that Settlement Account. The number of Material Non-Performance Events for a Settlement Account is reset to zero upon the first day of each calendar year, and Performance Breaches are cumulative to each DR3 Schedule in that Settlement Account until the expiry of the last Schedule Term in that Settlement Account. (2) In the event of the first Performance Breach for that Settlement Account, and without limiting any other rights or remedies available to the OPA and notwithstanding Exhibit E, the Availability Payment in section 1.0 of Exhibit E for all of the DR3 Schedules in that Settlement Account for the Contract Month following the month in which the Performance Breach occurred shall be deemed to be zero (unless the Performance Breach occurs in the last month of the last Schedule Term, in which case the total Availability Payment in section 1.0 of Exhibit E for all of the DR3 Schedules in that Settlement Account for the Contract Month in which the Performance Breach occurred shall be deemed to be zero). Notwithstanding the foregoing, the Participant shall not be excused from continuing to comply with any of its obligations under all of the DR3 Schedules under that Settlement Account, as if such Performance Breach had not occurred. The Participant and OPA shall use reasonable efforts prior to the end of the M&V Review Period to agree on the necessary remedial action as a result of the Performance Breach; however, failing such agreement by the end of the M&V Review Period, all of the DR3 Schedules in that Settlement Account shall be terminated and the OPA shall be entitled, without limiting any other rights or remedies it may have, to its rights and remedies under Section 11 – Events of Default and Remedies including payment of the Early Termination Payment from the Participant in relation to all such DR3 Schedules so terminated.