Common use of Charging Energy Management Clause in Contracts

Charging Energy Management. (a) Seller shall use all commercially reasonable efforts to deliver the Charging Energy to the Storage Facility in order to deliver the Storage Product in accordance with the terms of this Agreement, including maintenance, repair or replacement of equipment in Seller’s possession or control used to deliver Charging Energy from the Generating Facility to the Storage Facility, to charge the Storage Facility, and to discharge Discharging Energy from the Storage Facility to the Point of Delivery. (b) Subject to the requirements and limitations set forth in this Agreement, including the Storage Operating Procedures, PacifiCorp will have the right to charge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Charging Notices to Seller electronically. Each Charging Notice will be effective unless and until PacifiCorp modifies such Charging Notice by providing Seller with an updated Charging Notice. (c) Seller shall not charge the Storage Facility during the Term other than pursuant to a Charging Notice, the Storage Operating Procedures, or in connection with a Storage Capacity Test. If during the Term Seller (i) charges the Storage Facility to a Stored Energy Level greater than the Stored Energy Level provided for in the Charging Notice or Storage Operating Procedures or (ii) except as permitted under the Storage Operating Procedures, charges the Storage Facility without PacifiCorp providing a Charging Notice (“Excess Charging Energy”), then: (A) Seller shall be responsible for all costs associated with such Excess Charging Energy; (B) PacifiCorp shall not be required to pay for such Excess Charging Energy; and (C) PacifiCorp shall be entitled to discharge such Excess Charging Energy and to all of the benefits (including Storage Product) associated with discharging such Excess Charging Energy.

Charging Energy Management. ‌ (a) Upon receipt of a valid Charging Notice, Seller shall use take any and all commercially reasonable efforts action necessary to deliver the Charging Energy from the Generating Facility to the Storage Facility in order to deliver the Storage Product in accordance with the terms of this Agreement, including maintenance, repair or replacement of equipment in Seller’s possession or control used to deliver the Charging Energy from the Generating Facility to the Storage Facility, to charge the Storage Facility, and to discharge Discharging Energy from the Storage Facility to the Point of Delivery. (b) Subject to the requirements and limitations set forth in this Agreement, including the Storage Operating Procedures, PacifiCorp Buyer will have the right to charge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Charging Notices to Seller electronically, provided, that Xxxxx’s right to issue Charging Notices is subject to Prudent Operating Practice. Each Charging Notice issued in accordance with this Agreement will be effective unless and until PacifiCorp Buyer modifies such Charging Notice by providing Seller with an updated Charging Notice. (c) Seller shall not charge the Storage Facility during the Term other than pursuant to a valid Charging Notice, the Storage Operating Procedures, or in connection with a Storage Capacity Test, or pursuant to a notice from CAISO, the Participating Transmission Owner, or any other Governmental Authority. If If, during the Term Contract Term, Seller (ia) charges the Storage Facility to a Stored Energy Level greater than the Stored Energy Level provided for in the Charging Notice or Storage Operating Procedures or (iib) except as permitted under the Storage Operating Procedures, charges the Storage Facility without PacifiCorp providing a Charging Notice (“Excess Charging Energy”in violation of the first sentence of this Section 4.8(c), then: then (Ax) Seller shall be responsible for all energy costs associated with such Excess Charging Energy; charging of the Storage Facility, (By) PacifiCorp Buyer shall not be required to pay for the charging of such Excess energy (i.e., Charging Energy; ), and (Cz) PacifiCorp Buyer shall be entitled to discharge such Excess Charging Energy energy and entitled to all of the benefits (including Storage Product) associated with discharging such Excess discharge. (d) Buyer will have the right to discharge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Discharging Notices to Seller electronically, and subject to the requirements and limitations set forth in this Agreement, including the Operating Procedures. Each Discharging Notice issued in accordance with this Agreement will be effective unless and until Buyer modifies such Discharging Notice by providing Seller with an updated Discharging Notice. (e) Notwithstanding anything in this Agreement to the contrary, during any Settlement Interval, Curtailment Orders, applicable to such Settlement Interval shall have priority over any Charging EnergyNotices and Discharging Notices applicable to such Settlement Interval, and Seller shall have no liability for violation of this Section 4.8 or any Charging Notice or Discharging Notice if and to the extent such violation is caused by Seller’s compliance with any Curtailment Order or other instruction or direction from a Governmental Authority or the Participating Transmission Owner.

Charging Energy Management. (a) Upon receipt of a valid Charging Notice, Seller shall use take any and all commercially reasonable efforts action necessary to deliver the Charging Energy from the Generating Facility to the Storage Facility in order to deliver the Storage Product in accordance with the terms of this AgreementAgreement (including the Operating Restrictions), including maintenance, repair or replacement of equipment in Seller’s possession or control used to deliver the Charging Energy from the Generating Facility to the Storage Facility, to charge the Storage Facility, and to discharge Discharging Energy from the Storage Facility to the Point of Delivery. (b) Subject to the requirements and limitations set forth in this Agreement, including the Storage Operating Procedures, PacifiCorp . Buyer will have the right to charge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Charging Notices to Seller electronically, provided, that Xxxxx’s right to issue Charging Notices is subject to Prudent Operating Practice and the requirements and limitations set forth in this Agreement, including the Operating Restrictions and the provisions of Section 4.5(a). Each Charging Notice issued in accordance with this Agreement will be effective unless and until PacifiCorp Buyer modifies such Charging Notice by providing Seller with an updated Charging Notice. (c) . Seller shall not charge the Storage Facility during the Term other than pursuant to a valid Charging Notice, the Storage Operating Procedures, or in connection with a Storage Capacity Test, or pursuant to a notice from CAISO, the PTO, Transmission Provider, or any other Governmental Authority. If If, during the Term Contract Term, Seller (ia) charges the Storage Facility to a Stored Energy Level greater than the Stored Energy Level provided for in the Charging Notice or Storage Operating Procedures or (iib) except as permitted under the Storage Operating Procedures, charges the Storage Facility without PacifiCorp providing a Charging Notice (“Excess Charging Energy”in violation of the first sentence of this Section 4.5(c), then: then (Ax) Seller shall be responsible for all energy costs associated with such Excess Charging Energy; charging of the Storage Facility, (By) PacifiCorp Buyer shall not be required to pay for the charging of such Excess energy (i.e., Charging Energy; ), and (Cz) PacifiCorp Buyer shall be entitled to discharge such Excess Charging Energy energy and entitled to all of the benefits (including Storage Product) associated with discharging such Excess discharge. Buyer will have the right to discharge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Discharging Notices to Seller electronically, and subject to the requirements and limitations set forth in this Agreement, including the Operating Procedures. Each Discharging Notice issued in accordance with this Agreement will be effective unless and until Buyer modifies such Discharging Notice by providing Seller with an updated Discharging Notice. Notwithstanding anything in this Agreement to the contrary, during any Settlement Interval, CAISO Operating Orders, and Curtailment Orders applicable to such Settlement Interval shall have priority over any Charging EnergyNotices and Discharging Notices applicable to such Settlement Interval, and Seller shall have no liability for violation of this Section 4.5 or any Charging Notice or Discharging Notice if and to the extent such violation is caused by Seller’s compliance with any CAISO Operating Order, Curtailment Order or other instruction or direction from a Governmental Authority or the PTO or the Transmission Provider. Buyer shall have the right, but not the obligation, to provide Seller with updated Charging Notices and Discharging Notices during any CAISO Operating Order, or Curtailment Order consistent with the Operational Procedures. The Storage Facility is capable of receiving Charging Energy from the Generating Facility and in the form of grid energy; provided, that if Buyer elects to provide Charging Energy from a source other than the Generating Facility, including grid energy (i) Buyer will be responsible for all costs relating to the charging of the Storage Facility from a source other than the Generating Facility, including the cost of energy used to charge the Storage Facility. The Facility will be able to provide the full suite of ancillary services in CAISO markets (to the extent any such services are available in the CAISO markets as of the Effective Date) and Seller will dispatch the Facility in response to signals from the Buyer or Buyer’s Scheduling Coordinator, subject to the Operating Restrictions. These ancillary services include Frequency Regulation, Spinning Reserve, Ramp Support, Frequency Response, Voltage Control, VAR Dispatch, and Power Factor Correction.

Charging Energy Management. (a) Upon receipt of a valid Charging Notice, Seller shall use take any and all commercially reasonable efforts action necessary to deliver the Charging Energy from the Generating Facility to the Storage Facility in order to deliver the Storage Product in accordance with the terms of this AgreementAgreement (including the Operating Restrictions), including maintenance, repair or replacement of equipment in Seller’s possession or control used to deliver the Charging Energy from the Generating Facility to the Storage Facility, to charge the Storage Facility, and to discharge Discharging Energy from the Storage Facility to the Point of Delivery. (b) Subject to the requirements and limitations set forth in this Agreement, including the Storage Operating Procedures, PacifiCorp . Buyer will have the right to charge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Charging Notices to Seller electronically, provided, that Xxxxx’s right to issue Charging Notices is subject to Prudent Operating Practice and the requirements and limitations set forth in this Agreement, including the Operating Restrictions and the provisions of Section 4.5(a). Each Charging Notice issued in accordance with this Agreement will be effective unless and until PacifiCorp Buyer modifies such Charging Notice by providing Seller with an updated Charging Notice. (c) . Seller shall not charge the Storage Facility during the Term other than pursuant to a valid Charging Notice, the Storage Operating Procedures, or in connection with a Storage Capacity Test, or pursuant to a notice from CAISO, the PTO, Transmission Provider, or any other Governmental Authority. If If, during the Term Contract Term, Seller (ia) charges the Storage Facility to a Stored Energy Level greater than the Stored Energy Level provided for in the Charging Notice or Storage Operating Procedures or (iib) except as permitted under the Storage Operating Procedures, charges the Storage Facility without PacifiCorp providing a Charging Notice (“Excess Charging Energy”in violation of the first sentence of this Section 4.5(c), then: then (Ax) Seller shall be responsible for all energy costs associated with such Excess Charging Energy; charging of the Storage Facility, (By) PacifiCorp Buyer shall not be required to pay for the charging of such Excess energy (i.e., Charging Energy; ), and (Cz) PacifiCorp Buyer shall be entitled to discharge such Excess Charging Energy energy and entitled to all of the benefits (including Storage Product) associated with discharging such Excess discharge. Buyer will have the right to discharge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Discharging Notices to Seller electronically, and subject to the requirements and limitations set forth in this Agreement, including the Operating Procedures. Each Discharging Notice issued in accordance with this Agreement will be effective unless and until Buyer modifies such Discharging Notice by providing Seller with an updated Discharging Notice. Notwithstanding anything in this Agreement to the contrary, during any Settlement Interval, CAISO Operating Orders, and Curtailment Orders applicable to such Settlement Interval shall have priority over any Charging EnergyNotices and Discharging Notices applicable to such Settlement Interval, and Seller shall have no liability for violation of this Section 4.5 or any Charging Notice or Discharging Notice if and to the extent such violation is caused by Seller’s compliance with any CAISO Operating Order, Curtailment Order or other instruction or direction from a Governmental Authority or the PTO or the Transmission Provider. Buyer shall have the right, but not the obligation, to provide Seller with updated Charging Notices and Discharging Notices during any CAISO Operating Order, or Curtailment Order consistent with the Operational Procedures. The Storage Facility is capable of receiving Charging Energy from the Generating Facility and in the form of grid energy; provided, that if Buyer elects to provide Charging Energy from a source other than the Generating Facility, including grid energy (i) Buyer will be responsible for all costs relating to the charging of the Storage Facility from a source other than the Generating Facility, including the cost of energy used to charge the Storage Facility. The Facility will be able to provide the full suite of ancillary services in CAISO markets (to the extent any such services are available in the CAISO markets as of the Effective Date) and Seller will dispatch the Facility in response to signals from the Buyer or Buyer’s Scheduling Coordinator, subject to the Operating Restrictions. These ancillary services include Frequency Regulation, Spinning Reserve, Ramp Support, Frequency Response, Voltage Control, VAR Dispatch, and Power Factor Correction. Upon Buyer’s reasonable request, Seller shall submit the Facility for additional CAISO Certification so that the Facility may provide additional Ancillary Services that the Facility is, at the relevant time, actually physically capable of providing without modification of the Facility, provided that Xxxxx has agreed to reimburse Seller for any costs Seller incurs in connection with conducting such additional CAISO Certification.

Charging Energy Management. 23 (a) Upon receipt of a valid Charging Notice, Seller shall use take any and all commercially reasonable efforts action necessary to deliver the Charging Energy or Grid Energy from the Generating Facility and/or grid to the Storage Facility in order to deliver the Storage Product in accordance with the terms of this Agreement, including maintenance, repair or replacement of equipment in Seller’s possession or control used to deliver the Charging Energy from the Generating Facility or Grid Energy to the Storage Facility, to charge the Storage Facility, and to discharge Discharging Energy from the Storage Facility to the Point of Delivery. (b) Subject to the requirements and limitations set forth in this Agreement, including the Storage Operating Procedures, PacifiCorp Buyer will have the right to charge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Charging Notices to Seller electronically, provided, that Xxxxx’s right to issue Charging Notices is subject to Prudent Operating Practice. Each Charging Notice issued in accordance with this Agreement will be effective unless and until PacifiCorp Buyer modifies such Charging Notice by providing Seller with an updated Charging Notice. Buyer shall have the right to charge the Storage Facility with Grid Energy rather than Energy from the Generating Facility. (c) Seller shall not charge the Storage Facility during the Term other than pursuant to a valid Charging Notice, the Storage Operating Procedures, or in connection with a Storage Capacity Test, or pursuant to a notice from CAISO, the Participating Transmission Owner, or any other Governmental Authority. If If, during the Term Contract Term, Seller (ia) charges the Storage Facility to a Stored Energy Level greater than the Stored Energy Level provided for in the Charging Notice or Storage Operating Procedures or (iib) except as permitted under the Storage Operating Procedures, charges the Storage Facility without PacifiCorp providing a Charging Notice (“Excess Charging Energy”in violation of the first sentence of this Section 4.8(c), then: then (Ax) Seller shall be responsible for all energy costs associated with such Excess Charging Energy; charging of the Storage Facility, (By) PacifiCorp Buyer shall not be required to pay for the charging of such Excess energy (i.e., Charging Energy; ), and (Cz) PacifiCorp Buyer shall be entitled to discharge such Excess Charging Energy energy and entitled to all of the benefits (including Storage Product) associated with discharging such Excess discharge. (d) Buyer will have the right to discharge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Discharging Notices to Seller electronically, and subject to the requirements and limitations set forth in this Agreement, including the Operating Procedures. Each Discharging Notice issued in accordance with this Agreement will be effective unless and until Buyer modifies such Discharging Notice by providing Seller with an updated Discharging Notice. (e) Notwithstanding anything in this Agreement to the contrary, during any Settlement Interval, Curtailment Orders, Buyer Curtailment Orders, and Buyer Bid Curtailments, applicable to such Settlement Interval shall have priority over any Charging EnergyNotices and Discharging Notices applicable to such Settlement Interval, and Seller shall have no liability for violation of this Section 4.8 or any Charging Notice or Discharging Notice if and to the extent such violation is caused by Seller’s compliance with any Curtailment Order, Buyer Curtailment Order, Buyer Bid Curtailment or other instruction or direction from a Governmental Authority or the Participating Transmission Owner. Buyer shall have the right, but not the obligation, to provide Seller with updated Charging Notices and Discharging Notices during any Buyer Curtailment Order, Buyer Bid Curtailment or Curtailment Order consistent with the Operating Procedures.

Charging Energy Management. (a) Upon receipt of a valid Charging Notice, Seller shall use take any and all commercially reasonable efforts action necessary to deliver the Charging Energy to the Storage Facility in order to deliver the Storage Product in accordance with the terms of this AgreementAgreement (including the Operating Restrictions), including maintenance, repair or replacement of equipment in Seller’s possession or control used to deliver the Charging Energy from the Generating Facility to the Storage Facility, to charge the Storage Facility, and to discharge Discharging Energy from the Storage Facility to the Point of Delivery. (b) Subject to the requirements and limitations set forth in this Agreement, including the Storage Operating Procedures, PacifiCorp . Buyer will have the right to charge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Charging Notices to Seller electronically, provided, that Xxxxx’s right to issue Charging Notices is subject to Prudent Operating Practice and the requirements and limitations set forth in this Agreement, including the Operating Restrictions and the provisions of Section 4.5(a). Each Charging Notice issued in accordance with this Agreement will be effective unless and until PacifiCorp Buyer modifies such Charging Notice by providing Seller with an updated Charging Notice. (c) . Seller shall not charge the Storage Facility during the Term other than pursuant to a valid Charging Notice, the Storage Operating Procedures, or in connection with a Storage Capacity Test, or pursuant to a notice from CAISO, the PTO, Transmission Provider, or any other Governmental Authority. If If, during the Term Contract Term, Seller (ia) charges the Storage Facility to a Stored Energy Level greater than the Stored Energy Level provided for in the Charging Notice or Storage Operating Procedures or (iib) except as permitted under the Storage Operating Procedures, charges the Storage Facility without PacifiCorp providing a Charging Notice (“Excess Charging Energy”in violation of the first sentence of this Section 4.5(c), then: then (Ax) Seller shall be responsible for all energy costs associated with such Excess Charging Energy; charging of the Facility, (By) PacifiCorp Buyer shall not be required to pay for the charging of such Excess energy (i.e., Charging Energy; ), and (Cz) PacifiCorp Buyer shall be entitled to discharge such Excess Charging Energy energy and entitled to all of the benefits (including Storage Product) associated with discharging such Excess discharge. Buyer will have the right to discharge the Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Discharging Notices to Seller electronically, and subject to the requirements and limitations set forth in this Agreement, including the Operating Procedures. Each Discharging Notice issued in accordance with this Agreement will be effective unless and until Buyer modifies such Discharging Notice by providing Seller with an updated Discharging Notice. Notwithstanding anything in this Agreement to the contrary, during any Settlement Interval, CAISO Operating Orders, and Curtailment Orders applicable to such Settlement Interval shall have priority over any Charging EnergyNotices and Discharging Notices applicable to such Settlement Interval, and Seller shall have no liability for violation of this Section 4.5 or any Charging Notice or Discharging Notice if and to the extent such violation is caused by Seller’s compliance with any CAISO Operating Order, Curtailment Order or other instruction or direction from a Governmental Authority or the PTO or the Transmission Provider. Buyer shall have the right, but not the obligation, to provide Seller with updated Charging Notices and Discharging Notices during any CAISO Operating Order, or Curtailment Order consistent with the Operational Procedures. The Facility shall be capable of receiving Charging Energy from the CAISO Grid; provided, Buyer shall be responsible for all Charging Energy costs related to charging of the Facility. The Facility will be able to provide the full suite of Ancillary Services in CAISO markets (to the extent any such services are available in the CAISO markets as of the Effective Date) and Seller will dispatch the Facility in response to signals from the Buyer or Buyer’s Scheduling Coordinator, subject to the Operating Restrictions. These Ancillary Services include Frequency Regulation, Spinning Reserve, Ramp Support, Frequency Response, Voltage Control, VAR Dispatch, and Power Factor Correction. Upon Buyer’s reasonable request, Seller shall submit the Facility for additional CAISO Certification so that the Facility may provide additional Ancillary Services that the Facility is, at the relevant time, actually physically capable of providing without modification of the Facility, provided that Xxxxx has agreed to reimburse Seller for any costs Seller incurs in connection with conducting such additional CAISO Certification.

Charging Energy Management. (a) Upon receipt of a valid Charging Notice, Seller shall use take any and all commercially reasonable efforts action necessary to deliver the Charging Energy to the Storage Facility in order to deliver the Storage Product in accordance with the terms of this AgreementAgreement (including the Operating Restrictions), including maintenance, repair or replacement of equipment in Seller’s possession or control used to deliver the Charging Energy from the Generating Facility to the Storage Facility, to charge the Storage Facility, and to discharge Discharging Energy from the Storage Facility to the Point of Delivery. (b) Subject to the requirements and limitations set forth in this Agreement, including the Storage Operating Procedures, PacifiCorp . Buyer will have the right to charge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Charging Notices to Seller electronically, provided, that Xxxxx’s right to issue Charging Notices is subject to Prudent Operating Practice and the requirements and limitations set forth in this Agreement, including the Operating Restrictions and the provisions of Section 4.5(a). Each Charging Notice issued in accordance with this Agreement will be effective unless and until PacifiCorp Buyer modifies such Charging Notice by providing Seller with an updated Charging Notice. (c) . Seller shall not charge the Storage Facility during the Term other than pursuant to a valid Charging Notice, the Storage Operating Procedures, or in connection with a Storage Capacity Test, or pursuant to a notice from CAISO, the PTO, Transmission Provider, or any other Governmental Authority. If If, during the Term Contract Term, Seller (ia) charges the Storage Facility to a Stored Energy Level greater than the Stored Energy Level provided for in the Charging Notice or Storage Operating Procedures or (iib) except as permitted under the Storage Operating Procedures, charges the Storage Facility without PacifiCorp providing a Charging Notice (“Excess Charging Energy”in violation of the first sentence of this Section 4.5(c), then: then (Ax) Seller shall be responsible for all energy costs associated with such Excess Charging Energy; charging of the Facility, (By) PacifiCorp Buyer shall not be required to pay for the charging of such Excess energy (i.e., Charging Energy; ), and (Cz) PacifiCorp Buyer shall be entitled to discharge such Excess Charging Energy energy and entitled to all of the benefits (including Storage Product) associated with discharging such Excess discharge. Buyer will have the right to discharge the Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Discharging Notices to Seller electronically, and subject to the requirements and limitations set forth in this Agreement, including the Operating Procedures. Each Discharging Notice issued in accordance with this Agreement will be effective unless and until Buyer modifies such Discharging Notice by providing Seller with an updated Discharging Notice. Notwithstanding anything in this Agreement to the contrary, during any Settlement Interval, CAISO Operating Orders, and Curtailment Orders applicable to such Settlement Interval shall have priority over any Charging EnergyNotices and Discharging Notices applicable to such Settlement Interval, and Seller shall have no liability for violation of this Section 4.5 or any Charging Notice or Discharging Notice if and to the extent such violation is caused by Seller’s compliance with any CAISO Operating Order, Curtailment Order or other instruction or direction from a Governmental Authority or the PTO or the Transmission Provider. Buyer shall have the right, but not the obligation, to provide Seller with updated Charging Notices and Discharging Notices during any CAISO Operating Order, or Curtailment Order consistent with the Operational Procedures. The Facility shall be capable of receiving Charging Energy from the CAISO Grid; provided, Buyer shall be responsible for all Charging Energy costs related to charging of the Facility. The Facility will be able to provide the full suite of ancillary services in CAISO markets (to the extent any such services are available in the CAISO markets as of the Effective Date) and Seller will dispatch the Facility in response to signals from the Buyer or Buyer’s Scheduling Coordinator, subject to the Operating Restrictions. These ancillary services include Frequency Regulation, Spinning Reserve, Ramp Support, Frequency Response, Voltage Control, VAR Dispatch, and Power Factor Correction.

Charging Energy Management. ‌ (a) Upon receipt of a valid Charging Notice, Seller shall use take any and all commercially reasonable efforts action necessary to deliver the Charging Energy from the Generating Facility to the Storage Facility in order to deliver the Storage Product in accordance with the terms of this Agreement, including maintenance, repair or replacement of equipment in Seller’s possession or control used to deliver the Charging Energy from the Generating Facility to the Storage Facility, to charge the Storage Facility, and to discharge Discharging Energy from the Storage Facility to the Point of Delivery. (b) Subject to the requirements and limitations set forth in this Agreement, including the Storage Operating Procedures, PacifiCorp Buyer will have the right to charge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Charging Notices to Seller electronically, provided, that Xxxxx’s right to issue Charging Notices is subject to Prudent Operating Practice. Each Charging Notice issued in accordance with this Agreement will be effective unless and until PacifiCorp Buyer modifies such Charging Notice by providing Seller with an updated Charging Notice. (c) Seller shall not charge the Storage Facility during the Term other than pursuant to a valid Charging Notice, the Storage Operating Procedures, or in connection with a Storage Capacity Test, or pursuant to a notice from CAISO, the PTO, Transmission Provider, or any other Governmental Authority. If If, during the Term Contract Term, Seller (ia) charges the Storage Facility to a Stored Energy Level greater than the Stored Energy Level provided for in the Charging Notice or Storage Operating Procedures or (iib) except as permitted under the Storage Operating Procedures, charges the Storage Facility without PacifiCorp providing a Charging Notice (“Excess Charging Energy”in violation of the first sentence of this Section 4.8(c), then: then (Ax) Seller shall be responsible for all energy costs associated with such Excess Charging Energy; charging of the Storage Facility, (By) PacifiCorp Buyer shall not be required to pay for the charging of such Excess energy (i.e., Charging Energy; ), and (Cz) PacifiCorp Buyer shall be entitled to discharge such Excess Charging Energy energy and entitled to all of the benefits (including Storage Product) associated with discharging such Excess discharge. (d) Buyer will have the right to discharge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Discharging Notices to Seller electronically, and subject to the requirements and limitations set forth in this Agreement, including the Operating Procedures. Each Discharging Notice issued in accordance with this Agreement will be effective unless and until Buyer modifies such Discharging Notice by providing Seller with an updated Discharging Notice. (e) Notwithstanding anything in this Agreement to the contrary, during any Settlement Interval, Curtailment Orders, applicable to such Settlement Interval shall have priority over any Charging EnergyNotices and Discharging Notices applicable to such Settlement Interval, and Seller shall have no liability for violation of this Section 4.8 or any Charging Notice or Discharging Notice if and to the extent such violation is caused by Seller’s compliance with any Curtailment Order or other instruction or direction from a Governmental Authority or the PTO or the Transmission Provider.

Charging Energy Management. (a) Except as expressly set forth in this Agreement, during the Delivery Term, Buyer shall be responsible for managing, purchasing, scheduling, and transporting all of the Charging Energy to the Delivery Point. (b) Upon receipt of a valid Charging Notice, Seller shall use take any and all commercially reasonable efforts action necessary to accept the Charging Energy at the Delivery Point and to deliver the Charging Energy from the Delivery Point to the Storage Facility in order to deliver provide the Storage Product in accordance with the terms of this Agreement, including maintenance, repair or replacement of equipment in Seller’s possession or control used to deliver the Charging Energy from the Generating Facility Delivery Point to the Storage Facility, to charge the Storage Facility, and to discharge Discharging Energy from the Storage Facility to the Point of Delivery. (bc) Subject to the requirements and limitations set forth in this Agreement, including the Storage Operating Procedures, PacifiCorp Buyer will have the right to charge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Charging Notices to Seller electronically, provided, that Xxxxx’s right to issue Charging Notices is subject to the requirements and limitations set forth in this Agreement, including the Operating Restrictions. Each Charging Notice issued in accordance with this Agreement will be effective unless and until PacifiCorp Buyer modifies such Charging Notice by providing Seller with an updated Charging Notice. (cd) Subject to Section 4.15, Seller shall not charge the Storage Facility during the Delivery Term other than pursuant to a valid Charging Notice, the Storage Operating Procedures, or in connection with a Storage Capacity Seller Initiated Test, or pursuant to a notice from CAISO, the Transmission Provider, or any other Governmental Authority. If If, during the Term Delivery Term, Seller charges the Facility in violation of the first sentence of this Section 4.79(d), then (i) charges the Storage Facility to a Stored Energy Level greater than the Stored Energy Level provided for in the Charging Notice or Storage Operating Procedures or (ii) except as permitted under the Storage Operating Procedures, charges the Storage Facility without PacifiCorp providing a Charging Notice (“Excess Charging Energy”), then: (A) Seller shall be responsible for all energy costs associated with such Excess Charging Energy; charging of the Facility, (Bii) PacifiCorp Buyer shall not be required to pay for such Excess Charging Energy; charging energy, and (Ciii) PacifiCorp Buyer shall be entitled to discharge such Excess Charging Energy energy and entitled to all of the benefits (including Storage Product) associated with discharging such Excess discharge. (e) Notwithstanding anything in this Agreement to the contrary, during any Settlement Interval, Curtailment Orders applicable to such Settlement Interval shall have priority over any Charging EnergyNotices and Dispatch Notices applicable to such Settlement Interval, and Seller shall have no liability for violation of this Section 4.79 or any Charging Notice or Dispatch Notice if and to the extent such violation is caused by Seller’s compliance with any Curtailment Order or other instruction or direction from a Governmental Authority or the Transmission Provider. Buyer shall have the right, but not the obligation, to provide Seller with updated Charging Notices and Dispatch Notices during any Curtailment Order consistent with the operational procedures.

Charging Energy Management. (a) Except as expressly set forth in this Agreement, during the Delivery Term, Buyer shall be responsible for managing, purchasing, scheduling, and transporting all of the Charging Energy to the Delivery Point. (b) Upon receipt of a valid Charging Notice, Seller shall use take any and all commercially reasonable efforts action necessary to accept the Charging Energy at the Delivery Point and to deliver the Charging Energy from the Delivery Point to the Storage Facility in order to deliver provide the Storage Product in accordance with the terms of this Agreement, including maintenance, repair or replacement of equipment in Seller’s possession or control used to deliver the Charging Energy from the Generating Facility Delivery Point to the Storage Facility, to charge the Storage Facility, and to discharge Discharging Energy from the Storage Facility to the Point of Delivery. (bc) Subject to the requirements and limitations set forth in this Agreement, including the Storage Operating Procedures, PacifiCorp Buyer will have the right to charge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Charging Notices to Seller electronically, provided, that Xxxxx’s right to issue Charging Notices is subject to availability of the Facility and the requirements and limitations set forth in this Agreement, including the Operating Restrictions. Each Charging Notice issued in accordance with this Agreement will be effective unless and until PacifiCorp Buyer modifies such Charging Notice by providing Seller with an updated Charging Notice. (cd) Subject to Section 4.14, Seller shall not charge the Storage Facility during the Delivery Term other than pursuant to a valid Charging Notice, the Storage Operating Procedures, or in connection with a Storage Capacity Seller Initiated Test, or pursuant to a notice from CAISO, the Transmission Provider, or any other Governmental Authority. If If, during the Term Delivery Term, Seller (i) charges the Storage Facility in violation of (e) Notwithstanding anything in this Agreement to a Stored Energy Level greater than the Stored Energy Level provided contrary, during any Settlement Interval, Curtailment Orders applicable to such Settlement Interval shall have priority over any Charging Notices and Dispatch Notices applicable to such Settlement Interval, and Seller shall have no liability for in the violation of this Section 4.79 or any Charging Notice or Storage Operating Procedures or (ii) except as permitted under the Storage Operating Procedures, charges the Storage Facility without PacifiCorp providing a Charging Dispatch Notice (“Excess Charging Energy”), then: (A) Seller shall and will be responsible deemed available for all costs associated with such Excess Charging Energy; (B) PacifiCorp shall not be required to pay for such Excess Charging Energy; and (C) PacifiCorp shall be entitled to discharge such Excess Charging Energy purposes hereunder if and to all of the benefits (including Storage Product) associated extent such violation is caused by Seller’s compliance with discharging such Excess any Curtailment Order or other instruction or direction from a Governmental Authority or the Transmission Provider. Buyer shall have the right, but not the obligation, to provide Seller with updated Charging EnergyNotices and Dispatch Notices during any Curtailment Order consistent with the operational procedures.

Charging Energy Management. ‌ (a) Upon receipt of a valid Charging Notice, Seller shall use take any and all commercially reasonable efforts action necessary to deliver the Charging Energy from the Generating Facility and/or grid to the Storage Facility in order to deliver the Storage Product in accordance with the terms of this Agreement, including maintenance, repair or replacement of equipment in Seller’s possession or control used to deliver the Charging Energy from the Generating Facility and/or grid to the Storage Facility, to charge the Storage Facility, and to discharge Discharging Energy from the Storage Facility to the Point of Delivery. (b) Subject to the requirements and limitations set forth in this Agreement, including the Storage Operating Procedures, PacifiCorp Buyer will have the right to charge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Charging Notices to Seller electronically, provided, that Xxxxx’s right to issue Charging Notices is subject to Prudent Operating Practice. Each Charging Notice issued in accordance with this Agreement will be effective unless and until PacifiCorp Buyer modifies such Charging Notice by providing Seller with an updated Charging Notice. (c) Seller shall not charge the Storage Facility during the Term other than pursuant to a valid Charging Notice, the Storage Operating Procedures, or in connection with a Storage Capacity Test, or pursuant to a notice from CAISO, the Participating Transmission Owner, or any other Governmental Authority. If If, during the Term Contract Term, Seller (ia) charges the Storage Facility to a Stored Energy Level greater than the Stored Energy Level provided for in the Charging Notice or Storage Operating Procedures or (iib) except as permitted under the Storage Operating Procedures, charges the Storage Facility without PacifiCorp providing a Charging Notice (“Excess Charging Energy”in violation of the first sentence of this Section 4.8(c), then: then (Ax) Seller shall be responsible for all energy costs associated with such Excess Charging Energy; charging of the Storage Facility, (By) PacifiCorp Buyer shall not be required to pay for the charging of such Excess energy (i.e., Charging Energy; ), and (Cz) PacifiCorp Buyer shall be entitled to discharge such Excess Charging Energy energy and entitled to all of the benefits (including Storage Product) associated with discharging such Excess discharge. (d) Buyer will have the right to discharge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by providing Discharging Notices to Seller electronically, and subject to the requirements and limitations set forth in this Agreement, including the Operating Procedures. Each Discharging Notice issued in accordance with this Agreement will be effective unless and until Buyer modifies such Discharging Notice by providing Seller with an updated Discharging Notice. (e) Notwithstanding anything in this Agreement to the contrary, during any Settlement Interval, Curtailment Orders, applicable to such Settlement Interval shall have priority over any Charging EnergyNotices and Discharging Notices applicable to such Settlement Interval, and Seller shall have no liability for violation of this Section 4.8 or any Charging Notice or Discharging Notice if and to the extent such violation is caused by Seller’s compliance with any Curtailment Order or other instruction or direction from a Governmental Authority or the Participating Transmission Owner.