Summer Probation Clause Samples

Summer Probation. 10.2.1 If Seller failed; for reasons other than limitations imposed by Nevada, natural catastrophes, epidemics, wars, civil disobedience, or failure, threat of failure, sabotage of facilities that have been maintained In accordance with the provisions of this Contract to the extent that such failure, threat of failure, or sabotage renders Seller incapable of performance in accordance with the provisions of this Contract for a period of not less than two (2) months and not greater than twenty-four (24) months; to meet the performance requirements of this section during any summer season, Seller shall be placed on summer probation for a period not to exceed twelve (12) months. 10.2.2 If Seller failed, for reasons other than limitations imposed by Nevada, to produce and deliver Energy to Nevada that meets or exceeds the product of Contract Capacity, the number of on-peak hours in the month, and 0.90 during any month of a summer season within a summer probationary period, Nevada shall have the right to extend the summer probationary period for an additional twelve (12) months or to reduce Contract Capacity to a level not less than the average capacity level achieved by Seller during the on-peak hours of the preceding summer season. 10.2.3 If Seller has met the performance requirements of this Contract during each month of a summer season within a summer probationary period, Seller shall be taken off summer probation. Seller shall also be taken off summer probation if Seller has demonstrated, to Nevada's reasonable satisfaction, that the problems, which caused Seller to be placed on summer probation, had been rectified and that Seller Is able to produce and deliver Contract Capacity to Nevada in accordance with the provisions of this Contract.