Activation Notices Clause Samples
An Activation Notices clause defines the process by which one party formally notifies the other that a particular right, obligation, or provision within the agreement is now in effect. Typically, this involves sending a written notice or communication that triggers the commencement of a service, the start of a contractual period, or the enforcement of specific terms. For example, a supplier may send an activation notice to a client to indicate that a product is ready for use or that a service period has begun. The core practical function of this clause is to ensure both parties are clearly informed about when certain contractual elements become operative, thereby reducing ambiguity and potential disputes regarding timing.
Activation Notices.
(a) Following the issuance of a Standby Notice (other than a Standby Notice issued solely with respect to a Test Activation) to the Participant, an Activation Notice may, in accordance with Appendix E (Activation & DLMP Mechanism) of the Rules, be issued for the Contracted DER, which Activation Notice will indicate the Quantity Activated for each DER Activation Hour.
(b) Up to a maximum of one (1) Activation Notice may be issued in accordance with this Section 4.4 during an Activation Day for the Contracted DER for a minimum of one (1) DER Activation Hour for a maximum of four (4) consecutive DER Activation Hours.
(c) The total number of Activation Notices issued to a Participant during the Commitment Period, which for clarity, exclude Test Activation Notices, shall not exceed ten (10), and the total DER Activation Hours for the Contracted DER shall not exceed forty (40) hours for the Commitment Period.
Activation Notices. The Parties’ proceeding with each Phase is dependent upon the following:
Activation Notices. (1) It shall be in the OPA’s sole and absolute discretion as to whether to issue an Activation Notice to the Participant. Without limiting the generality of the foregoing, the OPA may:
(a) in the case of a Fixed Standby Notification:
(i) not issue an Activation Notice; or
(ii) issue an Activation Notice for the Confirmed MW for the Confirmed Hours; or
(b) in the case of an Open Standby Notification:
(i) not issue an Activation Notice; or
(ii) issue an Activation Notice only for the Monthly Contracted MW for the Contracted Dispatch Period; or
(iii) issue an Activation Notice for the Confirmed MW for the Confirmed Hours.
(2) The OPA may only issue one Activation Notice to that Participant relating to the Hours of Availability in a given Daily Schedule. All DR3 Schedules of a given Participant in the same Settlement Account shall, if Activated, be Activated at the same time under one Activation Notice.
(3) Unless prior written notice of a Planned Non-Performance Event has been given to the OPA in accordance with this Agreement, the Participant must Curtail in accordance with an Activation Notice that is received by the Participant at least 2 hours and 15 minutes in advance of the commencement of the Activation Period.
(4) If an Activation Notice is received by the Participant between 2.5 hours and 1.0 hours in advance of the commencement of the Activation Period specified in the Activation Notice, and in the absence of a Planned Non-Performance Event for which prior written notice was given to the OPA in accordance with this Agreement, the Participant at its sole option may (but will not be required to) Curtail in response to such Activation Notice. If such Participant nevertheless elects to Curtail in response to such Activation Notice, such Participant shall notify the OPA in writing of such election as well as the amount of the Curtailment no later than 30 minutes prior to the commencement of the Activation Period, and the Participant will be required to comply with the Activation Notice as if it had received that Activation Notice at least 2.5 hours in advance of the commencement of the Activation Period.
(5) If a Participant who is an Aggregator, with respect to any given Activation, has failed to send activation notices to a sufficient number of its Contributors such that the sum of the stated contributions to the Monthly Contracted MW of each such Contributor (as set out in the M&V Plan) who received an activation notice from the Participant is less th...
Activation Notices. Prior to the occurrence of a Payment Restriction Default, no bank account of the Obligors shall be blocked in any way by the Agent or any Secured Creditor and, accordingly, prior to such default no Activation Notice may be sent by any Agent or other Secured Creditor to the applicable account banks. Upon the occurrence and continuance of a Payment Restriction Default, the Agent may, and upon the written request of Required Lenders shall, deliver one or more Activation Notices to any account bank. If an Activation Notice has been provided in accordance with the foregoing and the Payment Restriction Default that gave rise to the issuance of such notice is no longer continuing, the Agent shall, or shall direct the Secured Party under the applicable Blocked Account Agreement to, promptly provide a notice to the applicable account banks advising them that the accounts shall be released from the related block and the Agent shall, or shall direct the Secured Party under the applicable Blocked Account Agreement to, direct the applicable deposit account bank to transfer all amounts in each of the collection accounts to blocked accounts as directed by the Borrower and all other restrictions with respect to the Borrower and/or the blocked accounts that became effective as a result of the delivery of such Activation Notice will be terminated until a further Activation Notice is issued.