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.
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
