Facility Performance. As of the Effective Date and the Closing Date, to Seller’s Knowledge: (a) the Facility is capable of producing 305 megawatts of net electrical output at full load, and at full load, the Facility’s heat rate is 11,300 Btu/kWh. Seller has provided documentation satisfactory to Purchaser which evidences such net electrical output capacity and heat rate.
Facility Performance. If any significant deficiency in performance of the Facility occurs, including, but not limited to, a failure to meet any warranty under the Project Agreements, or if such a deficiency is projected, then Operator shall notify Owner of such deficiency or projected deficiency and shall state Operator's opinion as to the cause of such deficiency or projected deficiency and prepare a report in detail, as required, together with a plan to remedy the problem. Upon Owner's request, Operator shall make available such of its Personnel as reasonably necessary to review and assess the cause of such deficiency with Owner and Contractor and/or any of their agents.
Facility Performance. Seller is not aware of any circumstances which could reasonably be expected to prevent the Portfolio or, with respect to any ESA Warranty or Efficiency Warranty, any Facility therein, as of such date from complying with the Warranty Specifications and the ESA Warranties for the Warranty Period applicable thereto.
Facility Performance. 60 7.10 Year 2000 Status.................................................. 60 7.11
Facility Performance. The test of Facility performance described -------------------- in the next sentence shall have verified that the requirements set forth therein have been satisfied. Within thirty (30) days prior to the Closing, Purchaser and ComEd shall jointly conduct a test at each Facility in accordance with the procedures set forth in Schedule 7.9 (Facility Performance Tests) to verify that ------------ the Net Dependable Capacity of each unit at each Site, the Regulating Performance Value (RPV) for such unit (other than any peaking unit) and the minimum operating level for each such unit satisfy the applicable requirements of Appendix B of the Power Purchase Agreements (and, in the case of peaking units, Appendix A of the Power Purchase Agreement (Peaking Units)); provided, -------- however, that if a Site is in an Outage during such thirty (30)-day period, then ------- this condition shall be deemed satisfied with respect to the units at such Site if Purchaser has observed such units operating at the levels required by this Section 7.9 (Facility Performance) within ninety (90) days prior to the Closing; ----------- and provided, further, that if any unit at a Site cannot satisfy the RPV -------- ------- requirement set forth in this Section 7.9 (Facility Performance), such RPV ----------- requirement shall nevertheless be deemed satisfied with respect to such unit to the extent ComEd adjusts the RPV requirement in Appendix B of the Power Purchase Agreement to reflect the RPV actually demonstrated; and provided, further, that --------- ------- the failure of one or more peaking units to meet the Net Dependable Capacity and/or minimum operating level for such unit or units shall not be deemed a failure to satisfy this Section 7.9 (Facility Performance) unless such failures ----------- in the aggregate constitute a Material Adverse Effect.
Facility Performance. Net Output
Facility Performance. Purchaser shall give reasonable notice to Seller if Xxxxxxxxx believes that the Facility Availability is going to be less than seventy-five (75%) for any consecutive twenty-four (24) month period. Within fifteen (15) days of receipt of such notice, Seller shall calculate the projected Facility Availability for the entire twenty-four (24) month period using the availability percentage of that portion of the 24 month period that has already occurred, and if such calculated Facility Availability is less than seventy-five percent (75%), the Parties shall meet as soon as reasonably practicable to discuss in good faith mitigation strategies to achieve the original intent of this REPA to receive approximately 146,000 MWh per year, assuming projected wind flows. Mitigation strategies may include (a) mutually agreed upon termination of this REPA, (b) replacement energy at a mutually agreed upon price, or (c) other strategies mutually agreed upon.
Facility Performance. 32 3.25 Disclosure ............................................. 32
Facility Performance. If any significant deficiency in performance of the Facility or Ash Landfill occurs, including, but not limited to, a failure to meet any warranty or obligation under the RDF Facility Agreements, or if such a deficiency is projected, Operator shall notify Owner of the deficiency or projected deficiency and shall state Operator's opinion as to the cause of the deficiency or projected deficiency and prepare a report in detail, as required, together with a plan to remedy the problem. Upon Owner's request, Operator shall make available those of its personnel necessary to review and assess the cause of the deficiency or projected deficiency with Owner.
Facility Performance. Net Output Recognizing that the availability of the Energy Source may vary and,
