Buyer Dispatch. Beginning on the earlier of the Commercial Operations Date and the Target COD and provided that Buyer complies with the mandatory notification obligations in Section 4.3.2, Buyer may Dispatch the delivery of Electric Energy and Replacement Power (if applicable) in accordance with the provisions set forth in this Agreement up to the total Net Dependable Capacity of the Units and may Dispatch Incremental Energy as provided in Section 4.4; provided, however, Buyer agrees that Seller may, at its sole discretion but also subject to Prudent Industry Practices, operate any combination of Units 5 and 6 (including overfiring of a Unit to compensate for what would otherwise be a Forced Derating on another Unit), or, during a Cover Period may deliver Replacement Power through other sources (including the Xxxxxx III Units as permitted by the agreement between the owner of the Xxxxxx III Units and the Buyer thereunder) or cause to be delivered Substitute Power to meet Buyer's Dispatch under this Agreement. Notwithstanding the above, except to the extent Seller has notified Buyer that Seller has arranged for delivery of Replacement Power consistent with the terms of this Agreement, Seller shall be obligated to comply with any Dispatch order issued by Buyer except: (1) during any Scheduled Maintenance Outage or Compressor Wash or (2) to the extent that a Force Majeure Event causes a reduction in the level of the Facility's Available Capacity. Failures by Seller to comply with Buyer's Dispatch orders shall be subject to the provisions of Appendix E for calculation of the Equivalent Availability.
Buyer Dispatch. During the Term, Seller shall not start-up or operate the Project other than (a) as dispatched by Buyer or CAISO or (b) pursuant to a Non-Buyer Dispatch. Seller shall, to the extent possible, notify Buyer at least 24 hours (or any shorter period reasonably acceptable to Buyer consistent with Accepted Electrical Practices) in advance of any start-up or operation pursuant to a Non-Buyer Dispatch, and shall, except as otherwise required by Applicable Law, Accepted Electrical Practices, delay such start-up or operation for a reasonable period of time if requested by Buyer. If Seller or any third party starts-up or operates any Energy Storage System other than as permitted hereunder, it shall be an Event of Default under Article 3. Seller shall hold Buyer harmless and indemnify Buyer against the actual costs or losses of Buyer resulting from a Non-Buyer Dispatch, including, without limitation, all CAISO Charges and all Charging Energy Costs incurred pursuant to such start-up or operation.
