Unit Contingency definition
Examples of Unit Contingency in a sentence
The burden of establishing the existence and extent of any Unit Contingency shall be on Seller.
Without limiting the foregoing, absent a Unit Contingency, Seller shall not interrupt, curtail or otherwise reduce the availability or deliveries of Contract Energy for which the LMP exceeds the Minimum Market Price in either MISO Market, regardless of prices or other economic conditions at the Electric Interconnection Point or Injection Point.
Seller’s obligations to make available and deliver to Buyer the Products shall be on a Unit Contingent basis; provided, however, that the foregoing shall not be construed to eliminate, limit, or otherwise restrict Buyer’s rights or remedies provided in this Agreement in the event of the occurrence of a Unit Contingency.
Without limiting the foregoing and for the avoidance of doubt, in the event of a Unit Contingency, Seller shall be subject to any liquidated damages applicable in the event of a Unit Contingency pursuant to Section 4.3(b) and Section 6.1 and the other requirements of Section 4.3(b) and Section 6.1 in respect of the shortfalls described therein.
It is understood that the Underwriters may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on the Underwriters any such waiver or extension must be in writing and signed by the Underwriters.
Notwithstanding anything to the contrary, no Net Generation Capacity Calculation or Storage Capacity Demonstration Test shall be scheduled to occur during an Outage or any other Unit Contingency.
Without limiting the foregoing, Seller shall be subject to any liquidated damages applicable in the event of a Unit Contingency pursuant to Section 4.3(b) and Section 6.1 and the other requirements of Section 4.3(b) and Section 6.1 in respect of the shortfalls described therein.
Seller’s obligations to make available and deliver to Buyer the Products shall be on a Unit Contingent basis; provided, however, that the foregoing shall not be construed to waive or limit Buyer’s rights or remedies in this Agreement in the event of a Unit Contingency.
Except to the extent that the generating unit shall be unavailable or limited due to a Unit Contingency, Planned Maintenance or Force Majeure, Seller shall, regardless of whether the Availability shall be, for any period, at, above or below the Availability Requirement levels described above, operate the generating unit to provide the Capacity Quantity and associated energy in all hours in which Scheduled and dispatched by Buyer.
No Capacity Demonstration Test or Storage Capacity Demonstration Test shall be scheduled to occur during an Outage or any other Unit Contingency.