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Common use of Annual Schedule Clause in Contracts

Annual Schedule. By each June 30 subsequent to the Commercial Operations Date, Seller shall submit to Company, in the form requested by Company, a schedule of maintenance outages which will reduce the capacity of the Facility by [Drafting Note: the lower of one (1) MW or 10%] or more for the next one-year period, beginning with January of the following year. Such annual schedule shall state the proposed dates and durations of scheduled maintenance, the scope of work for the maintenance and the estimated reductions in capacity for each projected maintenance event. Company shall review the maintenance schedule for the one-year period and inform Seller in writing no later than December 1 of the same year of Company’s concurrence or requested revisions, which Seller shall agree to unless, in Seller’s judgment, such proposed revisions will void or violate any warranties of equipment that is part of, or used in connection with, the Facility or violate any long-term service agreement with respect to such equipment; provided, that, in each such case, Seller shall promptly notify Company thereof, and Seller and Company shall endeavor to reach a mutually satisfactory resolution of the matter in question.

Appears in 2 contracts

Samples: Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement

Annual Schedule. By each June 30 subsequent to the Commercial Operations Date, Seller shall submit to Company, in the form requested by Company, a schedule of maintenance outages which will reduce the capacity of the Facility by [Drafting Note: the lower of one five (15) MW or 10%25% of Allowed Capacity] or more for the next onetwo-year period, beginning with January of the following year. Such annual schedule shall state the proposed dates and durations of scheduled maintenance, the scope of work for the maintenance and the estimated reductions in capacity for each projected maintenance event. Company shall review the maintenance schedule for the onetwo-year period and inform Seller in writing no later than December 1 of the same year of Company’s concurrence or requested revisions, which Seller shall agree to unless, in Seller’s judgment, such proposed revisions will void or violate any warranties of equipment that is part of, or used in connection with, the Facility or violate any long-term service agreement with respect to such equipment; provided, that, in each such case, Seller shall promptly notify Company thereof, and Seller and Company shall endeavor to reach a mutually satisfactory resolution of the matter in question.

Appears in 2 contracts

Samples: Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement

Annual Schedule. By each June 30 subsequent to the Commercial Operations Date, Seller shall submit to Company, in the form requested by Company, a schedule of maintenance outages which will reduce the capacity of the Facility by [Drafting Note: the lower of one five (15) MW or 10%% of Allowed Capacity] or more for the next onetwo-year period, beginning with January of the following year. Such annual schedule shall state the proposed dates and durations of scheduled maintenance, the scope of work for the maintenance and the estimated reductions in capacity for each projected maintenance event. Company shall review the maintenance schedule for the onetwo-year period and inform Seller in writing no later than December 1 of the same year of Company’s concurrence or requested revisions, which Seller shall agree to unless, in Seller’s judgment, such proposed revisions will void or violate any warranties of equipment that is part of, or used in connection with, the Facility or violate any long-term service agreement with respect to such equipment; provided, that, in each such case, Seller shall promptly notify Company thereof, and Seller and Company shall endeavor to reach a mutually satisfactory resolution of the matter in question.

Appears in 2 contracts

Samples: Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement

Annual Schedule. By each June 30 subsequent to the Commercial Operations Date, Seller shall submit to Company, in the form requested by Company, a schedule of maintenance outages which will reduce the capacity of the Facility by by‌ [Drafting Note: the lower of one (1five ( 5) MW or 10%25% of Allowed Capacity] or more for the next onetwo-year period, beginning with January of the following year. Such annual schedule shall state the proposed dates and durations of scheduled maintenance, the scope of work for the maintenance and the estimated reductions in capacity for each projected maintenance event. Company shall review the maintenance schedule for the onetwo-year period and inform Seller in writing no later than December 1 of the same year of Company’s concurrence or requested revisions, which Seller shall agree to unless, in Seller’s judgment, such proposed revisions will void or violate any warranties of equipment that is part of, or used in connection with, the Facility or violate any long-term service agreement with respect to such equipment; provided, that, in each such case, Seller shall promptly notify Company thereof, and Seller and Company shall endeavor to reach a mutually satisfactory resolution of the matter in question.

Appears in 1 contract

Samples: Energy Storage Power Purchase Agreement

Annual Schedule. By each June 30 subsequent to the Commercial Operations Date, Seller shall submit to Company, in the form requested by Company, a schedule of maintenance outages which will reduce the capacity of the Facility by [Drafting Note: the lower of one five (15) MW or 10%25% of Allowed Capacity] or more for the next onetwo-year period, beginning with January of the following year. Such annual schedule shall state the proposed dates and durations of scheduled maintenance, the scope of work for the maintenance and the estimated reductions in capacity for each projected maintenance event. Company shall review the maintenance schedule for the onetwo-year period and inform Seller in writing no later than December 1 of the same year of Company’s concurrence or requested revisions, which Seller shall agree to unless, in Seller’s judgment, such proposed revisions will void or violate any warranties of equipment that is part of, or used in connection with, the Facility or violate any long-long- term service agreement with respect to such equipment; provided, that, in each such case, Seller shall promptly notify Company thereof, and Seller and Company shall endeavor to reach a mutually satisfactory resolution of the matter in question.

Appears in 1 contract

Samples: Energy Storage Power Purchase Agreement

Annual Schedule. By each June 30 subsequent to the Commercial Operations Date, Seller shall submit to Company, in the form requested by Company, a schedule of maintenance outages which will reduce the capacity of the Facility by [Drafting Note: the lower of one ____ (1___) MW or 10____%] or more for the next onetwo-year period, beginning with January of the following year. Such annual schedule shall state the proposed dates and durations of scheduled maintenance, the scope of work for the maintenance and the estimated reductions in capacity for each projected maintenance event. Company shall review the maintenance schedule for the onetwo-year period and inform Seller in writing no later than December 1 of the same year of Company’s concurrence or requested revisions, which Seller shall agree to unless, in Seller’s judgment, such proposed revisions will void or violate any warranties of equipment that is part of, or used in connection with, the Facility or violate any long-term service agreement with respect to such equipment; provided, that, in each such case, Seller shall promptly notify Company thereof, and Seller and Company shall endeavor to reach a mutually satisfactory resolution of the matter in question.

Appears in 1 contract

Samples: Energy Storage Power Purchase Agreement