Circumstances and Alleged Breaches Sample Clauses

Circumstances and Alleged Breaches. 2.1 The parties agree on the following circumstances of the Alleged Breaches: (a)Genesis is a provider of FIR as Partly Loaded Spinning Reserve (PLSR) from the thermal units at HLY. The units are offered and dispatched for FIR on a regular basis. On seven occasions between 16 January 2005 and 10 October 2006 the HLY units were dispatched and FIR was called in during under- frequency events. The System Operator believes that on these occasions Genesis provided FIRs that were below dispatched quantities. The dates, times, actual dispatch, and compliance with dispatch instructions are provided in Appendix 1.
Sample 1
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Circumstances and Alleged Breaches. 2.1 The parties agree on the following circumstances of the Alleged Breach: (a) The Alleged Breach against Genesis occurred in the context of the commissioning of the largest single generating unit (400MW) in New Zealand, Huntly Unit 5. The magnitude and importance of this project made the procedures for co-ordinating real time communications during the commissioning all the more critical. Agreed procedures were set out in the commissioning plan and were intended to operate in conjunction with the relevant rules. (b) Leading up to the incident, there were various urgent communications taking place between Genesis and System Operator staff and management. Both parties hold different views about the substance, appropriateness and intentions behind these communications. However, both are in agreement that a valid electronic Dispatch Instruction sent by the System Operator was neither queried nor complied with immediately by Genesis, as required by the Rules. (c) Following this incident, Genesis and the System Operator met to discuss the issues arising out of the commissioning, including the importance of adhering to agreed commissioning procedures. The System Operator is of the view that both parties took away important learnings to apply to any future large generator commissioning projects (a copy of the learnings report from Xxxxxx X0x is available on the System Operator’s website at xxxx://xxx.xxxxxxxxxxxxxx.xx.xx/reports-papers).Both parties agree that there is little to be achieved by re-visiting these discussions as part of the settlement process. 2.2 On 19 April 2007 the System Operator alleged that Genesis had breached rule 4.11 of section III of part G of the Rules by failing to comply with the electronic Dispatch Instruction for Huntly Unit 5, issued at 14:03 on 09 April 2007 (the Alleged Breach).
Sample 1
Circumstances and Alleged Breaches. 2.1 The parties agree on the following circumstances of the Alleged Breaches: (a) On 9 February 2005 the Grid Owner advised the System Operator that the upgrade of the Wairakei-Whakamaru circuit had been completed earlier than planned and that the circuit was to be re-rated effective 9 March 2005. (b) On 10 February 2005, in response to recent shortfalls of generation offers in the North Island, the Grid Owner and the System Operator determined it was appropriate to implement the change earlier and with urgency rather than wait until 9 March 2005. The System Operator initiated the “emergency re-rating change process” to implement the change. (c) On 11 February 2005 the System Operator deactivated the existing constraints in SPD. (d) On 9 March 2005 the System Operator applied new constraints in SPD to supersede the constraints deactivated on 11 February 2005. (e) On 16 December 2005 Contact Energy queried the System Operator about the accuracy of the constraints. (f) The System Operator reviewed the constraints and discovered the equations were incorrect. The System Operator has advised that the wrong methodology was used when a thermal constraint was developed and applied where a static component should have been used. (g) On 22 December 2005 the System Operator applied revised constraints to take into account a component limit that set the post contingency limit for the circuit. 2.2 The alleged breaches are; 2.2.1 Self-reported and admitted by the System Operator concerning rule 20.5 of schedule C4 (Policy Statement effective 25 August 2005) of part C of the Rules, for the period 25 August 2005 to 21:00, 22 December 2005. 2.2.2 Alleged by the Commission concerning rule 22 of schedule C4, (Policy Statement effective prior to 25 August 2005) of part C of the Rules, for the periods; (a) 11 February 2005 to 9 March 2005, when no constraint was applied. Denied by the System Operator; and (b) 9 March 2005 to 24 August 2005, when the constraint applied was incorrectly designed. Admitted by the System Operator.
Sample 1

Related to Circumstances and Alleged Breaches

  • No Change in Facts or Circumstances; Disclosure All information submitted by Borrower to Lender and in all financial statements, rent rolls, reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are accurate, complete and correct in all material respects, provided, however, that if such information was provided to Borrower by non-affiliated third parties, Borrower represents that such information is, to the best of its knowledge after due inquiry, accurate, complete and correct in all material respects. There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the Property or the business operations or the financial condition of Borrower. Borrower has disclosed to Lender all material facts and has not failed to disclose any material fact that could cause any representation or warranty made herein to be materially misleading.

  • Adverse Circumstances No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: (i) would have a Material Adverse Effect upon Debtor; or (ii) would constitute an Event of Default or an Unmatured Event of Default.

  • Actions in Event of Breach Upon Contractor’s material breach, the Department may:  terminate this contract under Section 17.1 and pursue any of its remedies under this contract, at law, or in equity; or  treat this contract as materially breached and pursue any of its remedies under this contract, at law, or in equity. Upon the Department’s material breach, Contractor may:  terminate this contract under Section 17.2 and pursue any of its remedies under this contract, at law, or in equity; or  treat this contract as materially breached and, except as the remedy is limited in this contract, pursue any of its remedies under this contract, at law, or in equity.

  • Limitation of Liability in Event of Breach An Interconnection Party (“Breaching Party”) shall have no liability hereunder to the other Interconnection Parties, and the other Interconnection Parties hereby release the Breaching Party, for all claims or damages that either of them incurs that are associated with any interruption in the availability of the Customer Facility, Interconnection Facilities, Transmission System or Interconnection Service or damages to an Interconnection Party’s facilities, except to the extent such interruption or damage is caused by the Breaching Party’s gross negligence or willful misconduct in the performance of its obligations under this Interconnection Service Agreement (including Appendix 2).

  • Exceptional Circumstances The Recipient agrees that the Federal Government may require another method of valuation to be used to determine the fair market value of Project real property withdrawn from service. In unusual circumstances, the Recipient may request permission to use another reasonable valuation method including, but not limited to accelerated depreciation, comparable sales, or established market values.

  • No Change in Facts or Circumstances All information in the application for the loan submitted to Lender (the "Loan Application") and in all financial statements, rent rolls, reports, certificates and other documents submitted in connection with the Loan Application are complete and accurate in all material respects. There has been no material adverse change in any fact or circumstance that would make any such information incomplete or inaccurate.

  • LIABILITIES IN EVENT OF TERMINATION Except as provided in Section 7.8 hereof, the termination of this Agreement will in no way limit any obligation or liability of any party based on or arising from a breach or default by such party with respect to any of its representations, warranties, covenants or agreements contained in this Agreement including, but not limited to, legal and audit costs and out of pocket expenses.

  • No Conflict, Breach, Violation or Default The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Securities will not conflict with or result in a breach or violation of any of the terms and provisions of, or constitute a default under (i) the Company’s Articles of Incorporation or the Company’s Bylaws, both as in effect on the date hereof (true and complete copies of which have been made available to the Investor through the XXXXX system), or (ii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Subsidiary or any of their respective assets or properties, or (b) any agreement or instrument to which the Company or any Subsidiary is a party or by which the Company or a Subsidiary is bound or to which any of their respective assets or properties is subject.

  • No Misrepresentation or Breach of Covenants and Warranties (a) There shall have been no material breach by any ACME Entity in the performance of any of its respective covenants and agreements contained herein. (b) Each of the representations and warranties of the ACME Entities contained or referred to herein that is not qualified as to materiality or Material Adverse Effect shall be true and correct in all material respects on the Closing Date as though made on the Closing Date (except to the extent that they expressly speak as of a specific date or time other than the Closing Date, in which case they need only have been true and correct in all material respects as of such specified date or time), and each of the representations and warranties of the ACME Entities contained or referred to herein that is qualified as to materiality or Material Adverse Effect shall be true and correct in all respects on the Closing Date as though made on the Closing Date, except in any case for changes therein specifically permitted by this Agreement or resulting from any transaction expressly consented to in writing by Buyer. (c) The ACME Entities shall have delivered to Buyer certificates, dated as of the Closing Date, signed on behalf of each ACME Entity by its respective President or any Vice President, certifying that the conditions described in subsections (a) and (b) above have been satisfied.

  • Breach of Covenant The Borrower breaches any material covenant or other term or condition of this Note or the Purchase Agreement in any material respect and such breach, if subject to cure, continues for a period of thirty (30) days after the occurrence thereof.

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