Permitted Excuse to Perform definition

Permitted Excuse to Perform means that Seller’s obligation to generate, deliver, and sell and Buyer’s obligation to receive and purchase is excused and no damages will be payable by either Party to the other Party, if and to the extent such failure is due to any of the following occurrences: (a) an Emergency Condition Instruction; (b) a Control Instruction; (c) an Interconnection Instruction; or, (d) a Force Majeure Instruction.
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Permitted Excuse to Perform means that Seller’s obligation to generate, deliver, and sell and Buyer’s obligation to receive and purchase is excused and no damages will be payable by either Party to the other Party, if and to the extent such failure is due solely to any of the following occurrences: (a) an Emergency Condition and/or (b) a Force Majeure event.
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Examples of Permitted Excuse to Perform in a sentence

  • Where a Permitted Excuse to Perform adversely affects actual generation output of the Facility, the Net Output Requirement shall be reduced by the amount of Energy not generated due to the Permitted Excuse to Perform; provided, however, Seller agrees that it must demonstrate to Buyer, in Xxxxx’s Commercially Reasonable discretion, that the Facility’s generation output was actually reduced due to a Permitted Excuse to Perform.

Related to Permitted Excuse to Perform

  • Permitted Exceptions shall have the meaning set forth in Section 4.3.

  • Permitted Exchange means the New York Stock Exchange, the NASDAQ Global Select Market or the NASDAQ Global Market (or any successor thereto).

  • Service Level Agreement or SLA means the processes, deliverables, key performance indicators and performance standards relating to the Services to be provided by the Service Provider;

  • B-BBEE status level of contributor means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;