Unexcused Outage has the meaning set forth in Section 5.1.2.
Unexcused Outage means Unavailability outside of periods of Excused Outages.
Unexcused Outage means, with respect to a specific Facility, any failure by PJP to maintain an operating level equal to the Target Capacity Level of such Facility to the extent such failure is not the result of (i) one or more Local Political Risk Events, (ii) the making of any Required Alteration during the period thereof, the failure to have made a Required Alteration as a result of PTFI's failure to consent thereto as contemplated in the Restated Power Sales Agreement, or any delay in making a Required Alteration during the pendency of arbitration proceedings related to such Required Alteration, (iii) the failure of PJP or any permitted assignee of PJP pursuant to Section 11.07 of the Restated Services Agreement, to receive a service or of PTFI or any successor or permitted assignee of PTFI to otherwise fulfill an obligation, in each case, pursuant to the Restated Services Agreement, including, without limitation, the failure of PJP to receive Diesel Fuel whether or not as a result of a Force Majeure Event affecting PTFI, a Local Political Risk Event or any failure of the coal supplier to deliver Coal under the Coal Supply Agreement (except any failure of PJP to receive Diesel Fuel or Coal to the extent resulting from PJP's Fault or Breach (other than a PJP Breach under the Coal Supply Agreement resulting from PTFI's failure to make payments due under the Restated Power Sales Agreement)), (iv) any action taken at the direction of, or taken by, PTFI (including, without limitation, interconnections pursuant to Section 5.01 of the Restated Power Sales Agreement, PTFI's installation of check meters pursuant to Section 6.01 of the Restated Power Sales Agreement, or its purchase from third parties, or production of, Electricity, or the curtailment or reduction in deliveries of Electricity, pursuant to Section 3.02 or 3.06 of the Restated Power Sales Agreement) which has a material adverse effect on PJP's ability to perform its obligations under the Restated Power Sales Agreement, (v) any outage or failure of the New Transmission Line during the Evaluation Period, (vi) failure of PTFI to obtain any Post-Closing Permit as provided in the New Asset Sale Agreement or (vii) PTFI's Fault or Breach.
Examples of Unexcused Outage in a sentence
A claim for any Hosting Service Credit must be made by the Customer in writing to RIB within 7 days of an Unexcused Outage event occurring.
More Definitions of Unexcused Outage
Unexcused Outage means a partial or total interruption in the delivery of the Net Electrical Output that is not a result of (a) Scheduled Maintenance, (b) an event of Force Majeure or Political Force Majeure, (c) Unscheduled Maintenance, or (d) Delivery Excuse. A partial Unexcused Outage is expressed in megawatts and shall be equal to the amount, if any, by which the Contract Capacity of the Merchant Project exceeds the maximum capacity the Merchant Project can achieve during the partial Unexcused Outage.