Company Dispatch. Dispatch will either be by Seller's manual control under the direction of the Company System Operator or by remote computerized control by the EMS provided in Section 1(g) (Active Power Control Interface) of Attachment B (Facility Owned by Seller), in each case at Company's reasonable discretion. Notwithstanding anything to the contrary, the power produced by the Facility and/or stored in the XXXX shall always be subject to dispatch by Company. Company Rights of Dispatch. Company may require deration or outage in response to the Facility's failure to comply with Company Dispatch or to any conditions of Seller-Attributable Non-Generation. A deration or outage required by Company pursuant to the preceding sentence shall be considered “unplanned” and, until the conditions that led to the deration or outage are resolved by Seller and Seller notifies Company of the same, any such deration shall “count against” Seller for purposes of calculating the Performance Index and any such outage shall “count against” Seller for the purpose of calculating the Modified Pooled OMC Equipment Availability Factor. If, after such notification, Company attempts to dispatch the Facility and determines that such conditions that led to the deration or outage are not resolved, all time from the notice of resolution to actual resolution shall be revised as continuance of the deration or outage until the conditions that led to such outage or deration are resolved by Seller to Company's reasonable satisfaction. If Seller requests confirmation from Company that Seller's actions to resolve such conditions that led to the deration or outage were successfully completed, then Company shall use reasonable efforts to respond to such request within three (3) Business Days in writing (with email being acceptable) to allow Seller the opportunity to take further appropriate corrective actions if needed. Nothing in this Section 8.3 (Company Rights of Dispatch) shall relieve Seller of its obligation under the terms of this Agreement to make available the full capability of the Facility for Company Dispatch.
Company Dispatch. Dispatch will either be by Seller’s manual control under the direction of the Company System Operator or by remote computerized control by the EMS provided in Section 1(g) (Active Power Control Interface) of Attachment B (Seller's Facility), in each case at Company’s reasonable discretion. Notwithstanding anything to the contrary, the power produced by the Facility shall always be subject to dispatch by Company.
Company Dispatch. The Company shall have the sole and absolute right, through supervisory equipment or otherwise, to control, from moment to moment, within the limits of sound engineering practices, the rate of delivery of energy and capacity subject to a Legally Enforceable Obligation to a maximum of the Seller's Firm Capacity Obligation.
