Company Rights of Dispatch Sample Clauses

Company Rights of Dispatch. Company may require deration or outage in response to the Facility's failure to comply with Company Dispatch, or any of the Performance Standards, Good Engineering and Operating Practices, Government Approvals, applicable Laws or Seller's other obligations under this Agreement. A deration or outage required for this reason shall not be considered ExcludedTime and shall "count against" Seller for the purpose of calculating the Availability Factor until the conditions are resolved by Seller to Company's reasonable satisfaction. Nothing in this Section 8.3 (Company Rights of Dispatch), shall relieve Seller of its obligation under the terms of this Agreement to utilize the full capability of the Facility to deliver the capacity subject to Company Dispatch.
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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 Measured Performance Ratio, and any such outage shall "count against" Seller for the purpose of calculating the PV System Equivalent 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.
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Company Rights of Dispatch. Company may require deration or outage in response to the Facility's failure to comply with Company Dispatch, or any of the Performance Standards, Good Engineering and Operating Practices, Government Approvals, applicable Laws or Seller's other obligations under this Agreement. A deration or outage required for this reason will be considered a forced deration or forced outage of the Facility for the purpose of calculating Seller’s Production- Based Availability, resulting in Seller-Attributable Non- Generation status until the conditions are resolved by Seller to Company's reasonable satisfaction. Nothing in this Section 8.3 (Company Rights of Dispatch), shall relieve Seller of its obligation under the terms of this Agreement to utilize the full capability of the Facility to deliver the capacity subject to Company Dispatch.
Sample 1

Related to Company Rights of Dispatch

  • REPORTS AND DISCLOSURE UNDER THE SECURITIES ACTS With a view to making available to the Investor the benefits of Rule 144 promulgated under the Securities Act or any other similar rule or regulation of the SEC that may at any time permit the Investor to sell securities of the Company to the public without registration (“Rule 144”), the Company agrees, at the Company’s sole expense, to: a. make and keep public information available, as those terms are understood and defined in Rule 144; b. file with the SEC in a timely manner all reports and other documents required of the Company under the Securities Act and the Exchange Act so long as the Company remains subject to such requirements and the filing of such reports and other documents is required for the applicable provisions of Rule 144; c. furnish to the Investor so long as the Investor owns Registrable Securities, promptly upon request, (i) a written statement by the Company that it has complied with the reporting and or disclosure provisions of Rule 144, the Securities Act and the Exchange Act, (ii) a copy of the most recent annual or quarterly report of the Company and such other reports and documents so filed by the Company, and (iii) such other information as may be reasonably requested to permit the Investor to sell such securities pursuant to Rule 144 without registration; and d. take such additional action as is requested by the Investor to enable the Investor to sell the Registrable Securities pursuant to Rule 144, including, without limitation, delivering all such legal opinions, consents, certificates, resolutions and instructions to the Company’s Transfer Agent as may be requested from time to time by the Investor and otherwise fully cooperate with Investor and Investor’s broker to effect such sale of securities pursuant to Rule 144. The Company agrees that damages may be an inadequate remedy for any breach of the terms and provisions of this Section 8 and that Investor shall, whether or not it is pursuing any remedies at law, be entitled to equitable relief in the form of a preliminary or permanent injunctions, without having to post any bond or other security, upon any breach or threatened breach of any such terms or provisions.

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