Common use of Scheduled Maintenance Outages and Excused Scheduled Maintenance Outages Clause in Contracts

Scheduled Maintenance Outages and Excused Scheduled Maintenance Outages. All Seller-proposed Maintenance Outages shall be reviewed by Buyer and subject to Buyer approval, not to be unreasonably withheld. Within twenty (20) Business Days after Buyer’s receipt of Seller’s Maintenance Outage schedule proposal, Buyer shall Notify Seller of Buyer’s approval, or, if Buyer desires to modify a Seller-proposed Maintenance Outage prior to submittal to the CAISO, the Parties shall work together in good faith to accommodate the desired changes. Buyer, as the Units’ SC, shall then submit the proposed Maintenance Outage schedule to the CAISO, which shall be subject to approval by the CAISO. If such Outage schedule is then approved by the CAISO, it shall be deemed a Scheduled Maintenance Outage, and Seller shall adhere to the timelines of the CAISO-approved Scheduled Maintenance Outage. Only those Scheduled Maintenance Outages that meet the submittal timelines in Section 3.8(b), do not violate the hourly limitations set forth in Section 3.8(e), are approved by the CAISO, and are approved in writing by Buyer in accordance with Appendix III (Section D), shall be deemed an Excused Scheduled Maintenance Outages. As noted in Appendix III, any change made to a previously approved Excused Scheduled Maintenance Outage outside of the approved window of time is deemed a new Outage request and is subject to re-approval from Buyer.

Appears in 3 contracts

Samples: Tolling Power Purchase Agreement, Tolling Power Purchase Agreement, Tolling Power Purchase Agreement

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Scheduled Maintenance Outages and Excused Scheduled Maintenance Outages. All Seller-proposed Maintenance Outages shall be reviewed by Buyer and are subject to Buyer approval, not to be unreasonably withheld. Within twenty (20) Business Days after Buyer’s receipt of Seller’s Maintenance Outage schedule proposal, Buyer shall Notify Seller of Buyer’s approval, or, if Buyer desires to modify a Seller-proposed Maintenance Outage prior to submittal to the CAISO, the Parties shall work together in good faith to accommodate the desired changes. Buyer, as the Units’ Project’s SC, shall then submit the proposed Maintenance Outage schedule to the CAISO, which shall be subject to approval by the CAISO. If such Outage schedule is then approved by the CAISO, it shall will be deemed a Scheduled Maintenance Outage, and Seller shall adhere to the timelines of the CAISO-approved Scheduled Maintenance Outage. Only those Scheduled Maintenance Outages that (i) meet the submittal timelines in Section 3.8(b9.2(b), (ii) do not violate the hourly limitations set forth in Section 3.8(e9.2(e), (iii) are approved by the CAISO, and (iv) are approved in writing by Buyer in accordance with Appendix III (Section D), shall will be deemed an Excused Scheduled Maintenance Outages. As noted in Appendix III, any Any change made to a previously approved Excused Scheduled Maintenance Outage outside of the approved window of time is deemed a new Outage request and is subject to re-approval from Buyer.

Appears in 2 contracts

Samples: Consent and Agreement, Pro Forma Energy Storage Agreement

Scheduled Maintenance Outages and Excused Scheduled Maintenance Outages. All Seller-proposed Maintenance Outages shall be reviewed by Buyer and subject to Buyer approval, not to be unreasonably withheld. Within twenty (20) Business Days after Buyer’s receipt of Seller’s Maintenance Outage schedule proposal, Buyer shall Notify notify Seller of Buyer’s approval, or, if Buyer desires to modify a Seller-proposed Maintenance Outage prior to submittal to the CAISO, the Parties shall work together in good faith to accommodate the desired changes. Buyer, as the Units’ SC, shall then submit the proposed Maintenance Outage schedule to the CAISO, which shall be subject to approval by the CAISO. If such Outage schedule is then approved by the CAISO, it shall be deemed a Scheduled Maintenance Outage, and Seller shall adhere to the timelines of the CAISO-approved Scheduled Maintenance Outage. Only those Scheduled Maintenance Outages that meet the submittal timelines in Section 3.8(b3.10(b), and do not violate the hourly limitations set forth in Section 3.8(e3.10(e), are approved by the CAISO, and are approved in writing by both Buyer in accordance with Appendix III (Section D), and the CAISO shall be deemed an Excused Scheduled Maintenance Outages. As noted in Appendix III, any change made to a previously approved Excused Scheduled Maintenance Outage outside of the approved window of time is deemed a new Outage request and is subject to re-approval from Buyer.

Appears in 2 contracts

Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement

Scheduled Maintenance Outages and Excused Scheduled Maintenance Outages. All Seller-proposed Maintenance Outages shall be reviewed by Buyer and are subject to Buyer approval, not to be unreasonably withheld. Within twenty (20) Business Days after BuyerXxxxx’s receipt of Seller’s Maintenance Outage schedule proposal, Buyer shall Notify Seller of Buyer’s approval, or, if Buyer desires to modify a Seller-proposed Maintenance Outage prior to submittal to the CAISO, the Parties shall work together in good faith to accommodate the desired changes. Buyer, as the Units’ Project’s SC, shall then submit the proposed Maintenance Outage schedule to the CAISO, which shall be subject to approval by the CAISO. If such Outage schedule is then approved by the CAISO, it shall will be deemed a Scheduled Maintenance Outage, and Seller shall adhere to the timelines of the CAISO-approved Scheduled Maintenance Outage. Only those Scheduled Maintenance Outages that (i) meet the submittal timelines in Section 3.8(b9.2(b), (ii) do not violate the hourly limitations set forth in Section 3.8(e9.2(e), (iii) are approved by the CAISO, and (iv) are approved in writing by Buyer in accordance with Appendix III (Section D), shall will be deemed an Excused Scheduled Maintenance Outages. As noted in Appendix III, any Any change made to a previously approved Excused Scheduled Maintenance Outage outside of the approved window of time is deemed a new Outage request and is subject to re-approval from Buyer.

Appears in 1 contract

Samples: Consent and Agreement

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Scheduled Maintenance Outages and Excused Scheduled Maintenance Outages. All Seller-proposed Maintenance Outages shall be reviewed by Buyer Xxxxx and subject to Buyer approval, not to be unreasonably withheld. Within twenty (20) Business Days after BuyerXxxxx’s receipt of Seller’s Maintenance Outage schedule proposal, Buyer shall Notify Seller of Buyer’s approval, or, if Buyer desires to modify a Seller-proposed Maintenance Outage prior to submittal to the CAISO, the Parties shall work together in good faith to accommodate the desired changes. Buyer, as the Units’ SC, shall then submit the proposed Maintenance Outage schedule to the CAISO, which shall be subject to approval by the CAISO. If such Outage schedule is then approved by the CAISO, it shall be deemed a Scheduled Maintenance Outage, and Seller shall adhere to the timelines of the CAISO-approved Scheduled Maintenance Outage. Only those Scheduled Maintenance Outages that meet the submittal timelines in Section 3.8(b), do not violate the hourly limitations set forth in Section 3.8(e), are approved by the CAISO, and are approved in writing by Buyer in accordance with Appendix III (Section D), shall be deemed an Excused Scheduled Maintenance Outages. As noted in Appendix III, any change made to a previously approved Excused Scheduled Maintenance Outage outside of the approved window of time is deemed a new Outage request and is subject to re-approval from Buyer.

Appears in 1 contract

Samples: Tolling Power Purchase Agreement

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