Common use of Adjustments to Performance Characteristics Clause in Contracts

Adjustments to Performance Characteristics. (a) If Owner installs any Capital Item or makes any Repairs the costs of which are paid by CAISO under this Agreement, Owner shall modify the Maximum Net Dependable Capacity, Unit Availability Limit, and performance characteristics of the affected Unit to reflect the resulting changes in operating costs effective as of the date CAISO’s payment of CAISO’s Repair Share of the Repairs is made, or in the case of a Capital Item, the date the cost of the Capital Item is included in a Surcharge Payment or the rates paid by CAISO. (b) If FERC authorization is required to permit Owner to recover the CAISO’s Repair Share from CAISO or to include the costs of a Capital Item in a Surcharge Payment or the rates paid by CAISO hereunder, Owner shall make a Section 205 filing limited to recovery of the costs and implementation of related changes to performance characteristics, shall request that the filing become effective as of the date the Capital Item or Repair was placed in service and request expedited consideration of the filing. If CAISO has approved the Capital Item or Repair, CAISO shall intervene in support of such filing including support of requests to place the change in effect without suspension or hearing. (c) If Owner makes Repairs or installs a Capital Item when not required to do so and CAISO has not agreed or is not required by ADR to pay for such Repair or Capital Item, Owner may either: (i) make an appropriate adjustment to the Maximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the capability the Unit would have had if the Capital Item had not been installed or the Repairs had not been made; or (ii) make appropriate adjustment to the Maximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the Repairs or installation of the Capital Item. (d) Any adjustment to the Heat Input characteristics of the Unit shall be made in accordance with Section 4.9(d).

Adjustments to Performance Characteristics. (a) If Owner installs any Capital Item or makes any Repairs the costs of which are paid by CAISO under this Agreement, Owner shall modify the RMR Contract Capacity Maximum Net Dependable Capacity, Unit Availability Limit, and performance characteristics of the affected Unit to reflect the resulting changes in operating costs effective as of the date CAISO’s payment of CAISO’s Repair Share of the Repairs is made, or in the case of a Capital Item, the date the cost of the Capital Item is included in a Surcharge Payment or the rates paid by CAISOXXXXX. (b) If FERC authorization is required to permit Owner to recover the CAISO’s Repair Share from CAISO or to include the costs of a Capital Item in a Surcharge Payment or the rates paid by CAISO hereunder, Owner shall make a Section 205 filing limited to recovery of the costs and implementation of related changes to performance characteristics, shall request that the filing become effective as of the date the Capital Item or Repair was placed in service and request expedited consideration of the filing. If CAISO has approved the Capital Item or Repair, CAISO shall intervene in support of such filing including support of requests to place the change in effect without suspension or hearing. (c) If Owner makes Repairs or installs a Capital Item when not required to do so and CAISO has not agreed or is not required by ADR to pay for such Repair or Capital Item, Owner may either: (i) make an appropriate adjustment to the Maximum RMR Contract CapacityMaximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the capability the Unit would have had if the Capital Item had not been installed or the Repairs had not been made; or (ii) make appropriate adjustment to the Maximum RMR Contract CapacityMaximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the Repairs or installation of the Capital Item. (d) Any adjustment to the Heat Input characteristics of the Unit shall be made in accordance with Section 4.9(d).

Adjustments to Performance Characteristics. (a) If Owner installs any Capital Item or makes any Repairs the costs of which are paid by CAISO under this Agreement, Owner shall modify the Maximum Net Dependable Capacity, Unit Availability Limit, and performance characteristics of the affected Unit to reflect the resulting changes in operating costs effective as of the date CAISO’s payment of CAISO’s Repair Share of the Repairs is made, or in the case of a Capital Item, the date the cost of the Capital Item is included in a Surcharge Payment or the rates paid by CAISOXXXXX. (b) If FERC authorization is required to permit Owner to recover the CAISO’s Repair Share from CAISO or to include the costs of a Capital Item in a Surcharge Payment or the rates paid by CAISO hereunderXXXXX xxxxxxxxx, Owner shall make a Section 205 filing limited to recovery of the costs and implementation of related changes to performance characteristics, shall request that the filing become effective as of the date the Capital Item or Repair was placed in service and request expedited consideration of the filing. If CAISO has approved the Capital Item or Repair, CAISO shall intervene in support of such filing including support of requests to place the change in effect without suspension or hearing. (c) If Owner makes Repairs or installs a Capital Item when not required to do so and CAISO has not agreed or is not required by ADR to pay for such Repair or Capital Item, Owner may either: (i) make an appropriate adjustment to the Maximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the capability the Unit would have had if the Capital Item had not been installed or the Repairs had not been made; or (ii) make appropriate adjustment to the Maximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the Repairs or installation of the Capital Item. (d) Any adjustment to the Heat Input characteristics of the Unit shall be made in accordance with Section 4.9(d).

Adjustments to Performance Characteristics. (a) If Owner installs any Capital Item or makes any Repairs the costs of which are paid by CAISO ISO under this Agreement, Owner shall modify the Maximum Net Dependable Capacity, Unit Availability Limit, and performance characteristics of the affected Unit to reflect the resulting changes in operating costs effective as of the date CAISOISO’s payment of CAISOISO’s Repair Share of the Repairs is made, or in the case of a Capital Item, the date the cost of the Capital Item is included in a Surcharge Payment or the rates paid by CAISOISO. (b) If FERC authorization is required to permit Owner to recover the CAISOISO’s Repair Share from CAISO ISO or to include the costs of a Capital Item in a Surcharge Payment or the rates paid by CAISO ISO hereunder, Owner shall make a Section 205 filing limited to recovery of the costs and implementation of related changes to performance characteristics, shall request that the filing become effective as of the date the Capital Item or Repair was placed in service and request expedited consideration of the filing. If CAISO ISO has approved the Capital Item or Repair, CAISO ISO shall intervene in support of such filing including support of requests to place the change in effect without suspension or hearing. (c) If Owner makes Repairs or installs a Capital Item when not required to do so and CAISO ISO has not agreed or is not required by ADR to pay for such Repair or Capital Item, Owner may either: (i) make an appropriate adjustment to the Maximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the capability the Unit would have had if the Capital Item had not been installed or the Repairs had not been made; or (ii) make appropriate adjustment to the Maximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the Repairs or installation of the Capital Item. (d) Any adjustment to the Heat Input characteristics of the Unit shall be made in accordance with Section 4.9(d).

Adjustments to Performance Characteristics. (a) If Owner installs any Capital Item or makes any Repairs the costs of which are paid by CAISO under this Agreement, Owner shall modify the Maximum Net Dependable Capacity, Unit Availability Limit, and performance characteristics of the affected Unit to reflect the resulting changes in operating costs effective as of the date CAISO’s payment of CAISO’s Repair Share of the Repairs is made, or in the case of a Capital Item, the date the cost of the Capital Item is included in a Surcharge Payment or the rates paid by CAISO. (b) If FERC authorization is required to permit Owner to recover the CAISO’s Repair Share from CAISO or to include the costs of a Capital Item in a Surcharge Payment or the rates paid by CAISO hereunderXXXXX xxxxxxxxx, Owner shall make a Section 205 filing limited to recovery of the costs and implementation of related changes to performance characteristics, shall request that the filing become effective as of the date the Capital Item or Repair was placed in service and request expedited consideration of the filing. If CAISO has approved the Capital Item or Repair, CAISO shall intervene in support of such filing including support of requests to place the change in effect without suspension or hearing. (c) If Owner makes Repairs or installs a Capital Item when not required to do so and CAISO has not agreed or is not required by ADR to pay for such Repair or Capital Item, Owner may either: (i) make an appropriate adjustment to the Maximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the capability the Unit would have had if the Capital Item had not been installed or the Repairs had not been made; or (ii) make appropriate adjustment to the Maximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the Repairs or installation of the Capital Item. (d) Any adjustment to the Heat Input characteristics of the Unit shall be made in accordance with Section 4.9(d).

Adjustments to Performance Characteristics. (a) If Owner installs any Capital Item or makes any Repairs the costs of which are paid by CAISO under this Agreement, Owner shall modify the Maximum Net Dependable Capacity, Unit Availability Limit, and performance characteristics of the affected Unit to reflect the resulting changes in operating costs effective as of the date CAISO’s payment of CAISO’s Repair Share of the Repairs is made, or in the case of a Capital Item, the date the cost of the Capital Item is included in a Surcharge Payment or the rates paid by CAISOXXXXX. (b) If FERC authorization is required to permit Owner to recover the CAISO’s Repair Share from CAISO or to include the costs of a Capital Item in a Surcharge Payment or the rates paid by CAISO hereunderXXXXX xxxxxxxxx, Owner shall make a Section 205 filing limited to recovery of the costs and implementation of related changes to performance characteristics, shall request that the filing become effective as of the date the Capital Item or Repair was placed in service and request expedited consideration of the filing. If CAISO has approved the Capital Item or Repair, CAISO shall intervene in support of such filing including support of requests to place the change in effect without suspension or hearing. (c) If Owner makes Repairs or installs a Capital Item when not required to do so and CAISO has not agreed or is not required by ADR to pay for such Repair or Capital Item, Owner may either: (i) make an appropriate adjustment to the Maximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the capability the Unit would have had if the Capital Item had not been installed or the Repairs had not been made; or (ii) make appropriate adjustment to the Maximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the Repairs or installation of the Capital Item. (d) Any adjustment to the Heat Input characteristics of the Unit shall be made in accordance with Section 4.9(d).4.9(d).‌

Adjustments to Performance Characteristics. (a) If Owner installs any Capital Item or makes any Repairs the costs of which are paid by CAISO under this Agreement, Owner shall modify the RMR Contract Capacity Maximum Net Dependable Capacity, Unit Availability Limit, and performance characteristics of the affected Unit to reflect the resulting changes in operating costs effective as of the date CAISO’s payment of CAISO’s Repair Share of the Repairs is made, or in the case of a Capital Item, the date the cost of the Capital Item is included in a Surcharge Payment or the rates paid by CAISO. (b) If FERC authorization is required to permit Owner to recover the CAISO’s Repair Share from CAISO or to include the costs of a Capital Item in a Surcharge Payment or the rates paid by CAISO hereunder, Owner shall make a Section 205 filing limited to recovery of the costs and implementation of related changes to performance characteristics, shall request that the filing become effective as of the date the Capital Item or Repair was placed in service and request expedited consideration of the filing. If CAISO has approved the Capital Item or Repair, CAISO shall intervene in support of such filing including support of requests to place the change in effect without suspension or hearing. (c) If Owner makes Repairs or installs a Capital Item when not required to do so and CAISO has not agreed or is not required by ADR to pay for such Repair or Capital Item, Owner may either: (i) make an appropriate adjustment to the Maximum RMR Contract CapacityMaximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the capability the Unit would have had if the Capital Item had not been installed or the Repairs had not been made; or (ii) make appropriate adjustment to the Maximum RMR Contract CapacityMaximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the Repairs or installation of the Capital Item. (d) Any adjustment to the Heat Input characteristics of the Unit shall be made in accordance with Section 4.9(d).

Adjustments to Performance Characteristics. (a) If Owner installs any Capital Item or makes any Repairs the costs of which are paid by CAISO under this Agreement, Owner shall modify the Maximum Net Dependable Capacity, Unit Availability Limit, and performance characteristics of the affected Unit to reflect the resulting changes in operating costs effective as of the date CAISO’s payment of CAISO’s Repair Share of the Repairs is made, or in the case of a Capital Item, the date the cost of the Capital Item is included in a Surcharge Payment or the rates paid by CAISOXXXXX. (b) If FERC authorization is required to permit Owner to recover the CAISO’s Repair Share from CAISO or to include the costs of a Capital Item in a Surcharge Payment or the rates paid by CAISO hereunder, Owner shall make a Section 205 filing limited to recovery of the costs and implementation of related changes to performance characteristics, shall request that the filing become effective as of the date the Capital Item or Repair was placed in service and request expedited consideration of the filing. If CAISO has approved the Capital Item or Repair, CAISO shall intervene in support of such filing including support of requests to place the change in effect without suspension or hearing. (c) If Owner makes Repairs or installs a Capital Item when not required to do so and CAISO has not agreed or is not required by ADR to pay for such Repair or Capital Item, Owner may either: (i) make an appropriate adjustment to the Maximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the capability the Unit would have had if the Capital Item had not been installed or the Repairs had not been made; or (ii) make appropriate adjustment to the Maximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the Repairs or installation of the Capital Item. (d) Any adjustment to the Heat Input characteristics of the Unit shall be made in accordance with Section 4.9(d).

Adjustments to Performance Characteristics. ‌ (a) If Owner installs any Capital Item or makes any Repairs the costs of which are paid by CAISO under this Agreement, Owner shall modify the Maximum Net Dependable Capacity, Unit Availability Limit, and performance characteristics of the affected Unit to reflect the resulting changes in operating costs effective as of the date CAISO’s payment of CAISO’s Repair Share of the Repairs is made, or in the case of a Capital Item, the date the cost of the Capital Item is included in a Surcharge Payment or the rates paid by CAISOXXXXX. (b) If FERC authorization is required to permit Owner to recover the CAISO’s Repair Share from CAISO or to include the costs of a Capital Item in a Surcharge Payment or the rates paid by CAISO hereunderXXXXX xxxxxxxxx, Owner shall make a Section 205 filing limited to recovery of the costs and implementation of related changes to performance characteristics, shall request that the filing become effective as of the date the Capital Item or Repair was placed in service and request expedited consideration of the filing. If CAISO has approved the Capital Item or Repair, CAISO shall intervene in support of such filing including support of requests to place the change in effect without suspension or hearing. (c) If Owner makes Repairs or installs a Capital Item when not required to do so and CAISO has not agreed or is not required by ADR to pay for such Repair or Capital Item, Owner may either: (i) make an appropriate adjustment to the Maximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the capability the Unit would have had if the Capital Item had not been installed or the Repairs had not been made; or (ii) make appropriate adjustment to the Maximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit to reflect the Repairs or installation of the Capital Item. (d) Any adjustment to the Heat Input characteristics of the Unit shall be made in accordance with Section 4.9(d).

Adjustments to Performance Characteristics. (a) If Owner installs any Capital Item or makes any Repairs the costs of which are paid by CAISO under this Agreement, Owner shall modify the Maximum Net Dependable Capacity, Unit Availability Limit, RMR Contract Capacity and performance characteristics of the affected Unit to reflect the resulting changes in operating costs effective as of the date CAISO’s payment of CAISO’s Repair Share of the Repairs is made, or in the case of a Capital Item, the date the cost of the Capital Item is included in a Surcharge Payment or the rates paid by CAISO. (b) If FERC authorization is required to permit Owner to recover the CAISO’s Repair Share from CAISO or to include the costs of a Capital Item in a Surcharge Payment or the rates paid by CAISO hereunder, Owner shall make a Section 205 filing limited to recovery of the costs and implementation of related changes to performance characteristics, shall request that the filing become effective as of the date the Capital Item or Repair was placed in service and request expedited consideration of the filing. If CAISO has approved the Capital Item or Repair, CAISO shall intervene in support of such filing including support of requests to place the change in effect without suspension or hearing. (c) If Owner makes Repairs or installs a Capital Item when not required to do so and CAISO has not agreed or is not required by ADR to pay for such Repair or Capital Item, Owner may either: (i) make an appropriate adjustment to the Maximum Net Dependable Capacity, Unit Availability Limit RMR Contract Capacity and performance characteristics of the affected Unit to reflect the capability the Unit would have had if the Capital Item had not been installed or the Repairs had not been made; or (ii) make appropriate adjustment to the Maximum Net Dependable Capacity, Unit Availability Limit RMR Contract Capacity and performance characteristics of the affected Unit to reflect the Repairs or installation of the Capital Item. (d) Any adjustment to the Heat Input characteristics of the Unit shall be made in accordance with Section 4.9(d).