Excused Hours means those hours for which Seller is excused from its contractual obligations to deliver Energy to Buyer due to (a) Force Majeure, or (b) Scheduled Maintenance Outage, provided that only that number of weeks per year of Scheduled Maintenance Outage set forth in a Department Determination Certificate upon consideration of Prudent Industry Practices, manufacturer warranties and other relevant matters may qualify as Excused Hours.
Excused Hours means the number of hours equal to (i) the maximum number of Scheduled Maintenance Outage hours permitted pursuant to Section 3.10(e)(ii) beginning with the Initial Delivery Date and continuing through the date on which the determination is made less the number of hours used for Scheduled Maintenance Outages or Force Majeure during such period; plus (ii), at Seller’s option and upon Notice by Seller to Buyer, an additional number of “borrowed” hours to be designated by Seller that does not exceed a cumulative amount of 1000 hours per Force Majeure Event, nor, cumulatively, the number of hours for Scheduled Maintenance Outages available under Section 3.10(e)(ii) remaining, as of the date of the Notice, in the lesser of the five years following the date of the Notice or the remaining years of the Contract Term, provided that the number of hours permitted pursuant to Section 3.10(e)(ii) for Scheduled Maintenance Outages in each of the five calendar years following the date on which such Notice is received by Buyer shall be reduced by one-fifth of the total amount of “borrowed” hours as set forth in such Notice or, if less than five years are remaining in the Contract Term as of the date of such Notice, then by one divided by the remaining years in the Contract Term as of the date of the Notice. “Execution Date” has the meaning ascribed in the first paragraph of the Agreement.
Excused Hours has the meaning as set forth in Section 10.2.
Examples of Excused Hours in a sentence
Notwithstanding the foregoing, (i) a failure to make payments accrued prior to the Force Majeure Event when due shall not be excused; and (ii) the unavailability of the Capacity of the Units due to Force Majeure will be deemed to be unavailability for purposes of determining Availability and the Availability Adjustment if the cumulative number of Outage hours due to Force Majeure exceeds the number of Excused Hours available to Seller.
In addition, the annual allowance for Excused Scheduled Maintenance Outages hours provided in this Section 3.8(e)(iii), and as may be extended to accommodate Major Maintenance Events as described herein, shall be reduced in accordance with clause (b) in the definition of Excused Hours, if applicable.
Annual Supply Guarantee: ASG = MEQ x [(AH - EH) / AH] Where: ASG = Annual Supply Guarantee MEQ = Minimum Energy Quantity Where: MEQ = 0.1 x GNC x AH GNC = Gross Nameplate Capacity (in kW Direct Current or DC) AH = total number of Hours in each Delivery Period EH = total number of Excused Hours, as defined under Section 10.2 of the Agreement to which this Exhibit B is attached.
The Solar Panels had the following operating characteristics: Hours Solar Panels Affected Solar Panels Hours Period Hours (“PH”) 8,000 000 000,000 Unavailable Hours (“FOH”) 100 80 8,000 Excused Hours (“EH”) 100 10 1,000 Unexcused Hours (“UH”) 7,000 FOH includes all hours for which the Solar Panels were unavailable.
Buyer or Seller (as appropriate) shall promptly, or within five (5) minutes, provide the other Party notice (“Outage Notice”) of the declaration of the existence of Seller Excused Hours or an Unplanned Outage.
More Definitions of Excused Hours
Excused Hours means the number of hours equal to (a) the maximum number of Excused Scheduled Maintenance Outage hours permitted pursuant to Section 9.2(e)(ii) beginning with the Initial Delivery Date and continuing through the date on which the determination is made less the number of hours used for Excused Scheduled Maintenance Outages or Force Majeure during such period; plus (b) at Seller’s option and upon Notice by Seller to Buyer, an additional number of “borrowed” hours to be designated by Seller that does not exceed a cumulative amount of one thousand (1000) hours per Force Majeure event, nor exceed, cumulatively, the number of hours for Excused Scheduled Maintenance Outages available under Section 9.2(e)(ii) remaining, as of the date of the Notice, in the lesser of the five (5) years following the date of the Notice or the remaining years of the Delivery Term, provided that the number of hours permitted pursuant to Section 9.2(e)(ii) for Excused Scheduled Maintenance Outages in each of the five (5) calendar years following the date on which such Notice is received by Buyer shall be reduced by (i) one-fifth of the total amount of “borrowed” hours as set forth in such Notice or, (ii) if less than five (5) years are remaining in the Delivery Term as of the date of such Notice, then by one (1) divided by the remaining years in the Delivery Term as of the date of the Notice.
Excused Hours or “EH” shall mean the number of hours during a Performance Period when either Force Majeure or curtailment under Section 10 is in effect. Hours during which both such conditions exist shall only be counted once.
Excused Hours means in any Commercial Operation Year, the aggregate Seller Excused Hours for such Commercial Operation Year; provided that for purposes of the Availability Guarantee only the first fifty (50) hours of Scheduled Maintenance Hours per Wind Turbine per Commercial Operation Year will be treated as Excused Hours. For the avoidance of doubt, the fifty (50) hour allowance for Scheduled ;Maintenance Hours shall be applicable to each Wind Turbine regardless if the Scheduled Maintenance Hours are the result of an individual Wind Turbine outage or a system outage that results in multiple Wind Turbines being taken out of service.
Excused Hours means during an Availability Period all (a) Seller Excuse Hours, and (b) other hours during which Company is unable for any reason (other than due to a breach by Seller of its obligations under this Agreement) to accept delivery of any Energy that the Facility is otherwise capable of producing.
Excused Hours means hours where the Facility was not available due to Force Majeure, transmission provider’s (e.g., the CAISO’s), transmission owner’s, or Buyers’ failure to perform. Output Guarantee Shortfall Damages In the event that the Guaranteed Output Threshold is not met for a Performance Measurement Period, (i) Seller shall calculate the “Shortfall Energy,” which shall be equal to the Guaranteed Output Threshold less the Delivered Energy less the energy not delivered during Excused Hours, and (ii) Seller shall pay Shortfall Damages. “Shortfall Damages” shall be determined by multiplying (x) Shortfall Energy, by (y) the positive difference, if any, of the Replacement Price less the PPA Price. The “Replacement Price” shall be the total price at which the Buyers would have to pay to purchase energy, RECs and capacity to replace the Shortfall Energy. Performance Guarantee Buyers may terminate the PPA if the Project fails to deliver either (a) at least 65% of the Contract Quantity in a single Contract Year or (b) at least 75% of the Contract Quantity for two consecutive Contract Years. In the event of such termination, Seller shall be liable to Buyer for a Termination Payment.
Excused Hours means the number of hours equal to (a) the maximum number of Excused Scheduled Maintenance Outage hours permitted pursuant to Section 4.11(e)(ii) beginning with the start of the Delivery Term and continuing through the date on which the determination is made less the number of hours used for Excused Scheduled Maintenance Outages or Force Majeure during such period; plus (b) at Seller’s option and upon Notice by Seller to Buyer, an additional number of “borrowed” hours to be designated by Seller that does not exceed a cumulative amount of one thousand (1000) hours per Force Majeure event, nor exceed, cumulatively, the number of hours for Excused Scheduled Maintenance Outages available under Section 4.11(e)(ii) remaining, as of the date of the Notice, in the lesser of the five (5) years following the date of the Notice or the remaining years of the Delivery Term, provided that the number of hours permitted pursuant to Section 4.11(e)(ii) for Excused Scheduled Maintenance Outages in each of the five (5) calendar years following the date on which such Notice is received by Buyer shall be reduced by (i) one-fifth of the total amount of “borrowed” hours as set forth in such Notice or, (ii) if less than five (5) years are remaining in the Delivery Term as of the date of such Notice, then by one (1) divided by the remaining years in the Delivery Term as of the date of the Notice.
Excused Hours means the number of hours equal to (i) the maximum number of Scheduled Maintenance Outage hours permitted pursuant to Section 3.10(e)(ii) beginning with the Initial Delivery Date and continuing through the date on which the determination is made less the number of hours used for Scheduled Maintenance Outages or Force Majeure during such period; plus (ii), at Seller’s option and upon Notice by Seller to Buyer, an additional number of “borrowed” hours to be designated by Seller that does not exceed, cumulatively, the number of hours for Scheduled Maintenance Outages available under Section 3.10(e)(ii) remaining, as of the date of the Notice, in the remaining years of the Contract Term, provided that the number of hours permitted pursuant to Section 3.10(e)(ii) for Scheduled Maintenance Outages in each calendar year following the date on which such Notice is received by Buyer shall be reduced by one divided by the remaining years in the Contract Term as of the date of the Notice of the total amount of “borrowed” hours as set forth in such Notice. “Execution Date” has the meaning ascribed in the first paragraph of the Agreement.