Examples of Reliability Curtailment in a sentence
If Buyer fails to accept all or part of any of the Products to be purchased by Buyer hereunder, and such failure to accept (a) is not the result of Reliability Curtailment or (b) is not otherwise excused under the terms of this Agreement (a “Rejected Purchase”), then Buyer shall pay Seller, on the date payment would otherwise be due in respect of the month in which the failure occurred, an amount for such Rejected Purchase equal to the Resale Damages.
Notwithstanding anything to the contrary, Buyer shall have no obligation to pay for (and shall have no other liability for and shall not be considered in breach or default under this Agreement (and no Event of Default or Potential Event of Default of Buyer shall arise) as a result of) any Energy that, regardless of reason therefor (including Force Majeure or any Reliability Curtailment), has not actually been delivered to Buyer at the Injection Point, except to the extent set forth under Section 7.4.
A failure of the Biennial Average Real-Time High Operating Limit for any two consecutive Contract Years to be at least fifty percent (50%) of the Actual Facility Size, except to the extent excused by (i) a Force Majeure (without affecting Buyer’s right to terminate this Agreement under Section 10.1(c)), (ii) a Catastrophic Failure not caused by a Force Majeure, unless and until such Catastrophic Failure exceeds the duration of the Catastrophic Failure Period or (iii) a Reliability Curtailment.
To the extent that it is determined pursuant to the audit process that Buyer has curtailed the Project for reasons other than as pi:ovided in Reliability Curtailment and the curtailment is determined to be a Buyer Curtailment, such Buyer Curtailment will be compensated in accordance with Section 4.l(B).
To the extent that during any period, the Real-Time High Operating Limit of the Facility is reduced due to a Force Majeure, Forced Outage or Reliability Curtailment, the amount of the Real-Time High Operating Limit reduced as a result such Force Majeure, Forced Outage or Reliability Curtailment will be included in calculating the Biennial Average Real-Time High Operating Limit for such period.
If Buyer fails to accept all or part of any of the Products to be purchased by Buyer hereunder during the Services Term, and such failure to accept (a) is not the result of Reliability Curtailment or (b) is not otherwise excused under the terms of this Agreement (a “Rejected Purchase”), then Buyer shall pay Seller, on the date payment would otherwise be due in respect of the month in which the failure occurred, an amount for such Rejected Purchase equal to the Resale Damages.
If Buyer is unable to enter into an organized market by April 30, 2021, then the BAA Cap will be reduced by 10,000 MWh until Buyer enters an Organized Market at which time the BAA Cap will revert to the amount identified in the Reliability Curtailment definition.
Buyer or Seller (as appropriate) shall at the earliest practicable date provide the other Party written notice ("Outage Notice") of the declaration of the existence of a Buyer Curtailment, Transmission Provider Curtailment, Reliability Curtailment, Seller Excused Hours or a Seller Forced Outage.
Pur- chaser shall have no obligation to pay for any energy thathas not actually been generated by the Facility (other than in the case of non-generation in response to a notice of Economic Curtailment in accordance with Exhibit J), de- livered to Purchaser at a location other than the Point of Delivery or delivered contrary to an Economic Curtail- ment or Reliability Curtailment.
If Buyer fails to accept all or part of any of the Products to be purchased by Buyer hereunder, and such failure to accept (a) is not the result of Reliability Curtailment or (b) is not otherwise excused under the terms of this Agreement (a “Rejected Purchase ”), then Buyer shall pay Seller, on the date payment would otherwise be due in respect of the month in which the failure occurred, an amount for such Rejected Purchase equal to the Resale Damages.