Winter Probation Clause Samples

Winter Probation. 10.3.1 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 winter season, Seller shall be placed on winter probation for a period not to exceed twelve (12) months. 10.3.2 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 winter season within a winter probationary period, Nevada shall have the right to extend the winter 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 winter season. 10.3.3 If Seller has met the performance requirements of this Contract during each month of a winter season within a winter probationary period, Seller shall be taken off winter probation. Seller shall also be taken off winter probation if Seller has demonstrated, to Nevada's reasonable satisfaction, that the problem, which caused Seller to be placed on winter probation, had been rectified and that Seller Is able to provide Contract Capacity In accordance with the provisions of this Contract.