Persistent Deviation Sample Clauses
The Persistent Deviation clause defines the consequences and procedures when a party repeatedly fails to comply with agreed terms or standards over time. Typically, this clause outlines what constitutes a 'persistent' deviation—such as multiple breaches within a set period—and may specify remedies, escalation steps, or grounds for contract termination if the behavior continues. Its core function is to address ongoing non-compliance, providing a structured response to repeated issues and protecting the interests of the non-breaching party.
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Persistent Deviation. The following penalty charges shall apply to each Persistent Deviation (GRSP III.42):
(1) No credit is given when energy taken is less than the scheduled energy.
(2) When energy taken exceeds the scheduled energy, the charge is the greater of (i) 125 percent of BPA’s highest incremental cost that occurs during that day, or (ii) 100 ▇▇▇▇▇ per kilowatthour. If the energy index is negative in any hour(s) in which there is a negative deviation (energy taken is less than the scheduled energy) that BPA determines to be a Persistent Deviation, the charge is the energy index for that hour. If BPA assesses a persistent deviation penalty charge in any scheduled period for a positive deviation, BPA will not also assess a charge pursuant to section II.D.1. of this ACS-186 schedule. BPA, at its sole discretion, may waive all or part of the Persistent Deviation penalty charge if (i) the customer took mitigating action(s) to avoid or limit the Persistent Deviation, including but not limited to changing its schedule to mitigate the magnitude or duration of the deviation, or (ii) the Persistent Deviation was caused by extraordinary circumstances.