Concurrent Design Capacity Shortfall Sample Clauses

Concurrent Design Capacity Shortfall. (i) In the event and to the extent that, as of the Commercial Operation Date, the NECEC Transmission Line and the Québec Line are both only capable of operating below 1,090 MW, and (A) the NECEC Transmission Line and the Québec Line are both capable of operating at or above 1,040 MW and despite such condition Owner elects to begin transmission service under the Distribution Company TSA or (B) the NECEC Transmission Line or the Québec Line, or both, are capable of operating at less than 1,040 MW and despite such condition Owner requests and Distribution Company provides written consent to begin transmission service under the Distribution Company TSA, then the Parties shall have the Remediation Period to attempt to increase the operating capacity of their respective lines to 1,090 MW. If the actual capacity of the Québec Line is less than the actual capacity of the NECEC Transmission Line as of the Commercial Operation Date, Purchaser shall pay to Owner, for each day (or part thereof) following the Commercial Operation Date and until the end of the Remediation Period or such earlier date designated by Owner pursuant to the Distribution Company TSA (the “Concurrent Remediation Date”), an amount equal to One Hundred Dollars ($100) per MW per day multiplied by the Proportionate Share of the difference between the lesser of (x) the actual capacity of the NECEC Transmission Line and (y) 1,090 MW and the actual capacity of the Québec Line as of the Commercial Operation Date. Such payments shall be made on a monthly basis pursuant to invoices delivered by Owner to Purchaser.

Concurrent Design Capacity Shortfall. (i) In the event and to the extent that, as of the Commercial Operation Date: (A) (1) the NECEC Transmission Line is capable of operating below 1,200 MW and at or above 1,040 MW, or (2) the NECEC Transmission Line is capable of operating at less than 1,040 MW and despite such condition Owner requests and the RFP Sponsors provide written consent to begin transmission service under the RFP Sponsor TSAs; and (B) (1) the Québec Line is capable of operating below 1,200 MW and at or above 1,040 MW, or (2) the NECEC Transmission Line is capable of operating at less than 1,040 MW and despite such condition Owner requests and the RFP Sponsors provide written consent to begin transmission service under the RFP Sponsor TSAs; then Owner may elect to begin transmission service hereunder, and each Party shall have twenty-four (24) months from the Commercial Operation Date (the “Concurrent Remediation Period”), or such earlier date designated by the Parties in writing (the “Concurrent Remediation Date”) to attempt to increase the operating capacities of their respective lines to 1,200 MW. (ii) If, on the earlier of the Concurrent Remediation Date and the end of the Concurrent Remediation Period, (A) (x) Owner is unable to increase the operating capacity of the NECEC Transmission Line to more than 1,090 MW or in the event Owner elects not to cure such reduction in operating capacity or (y) Purchaser is unable to increase the operating capacity of the Québec Line to more than 1,090 MW or in the event Purchaser elects not to cure such reduction in operating capacity and Purchaser fails to pay the Transmission Service Payment on a monthly basis without downward adjustment to reflect such reduced capacity, then either Party may terminate this Agreement on written notice without further recourse by either Party against the other or (B) the operating capacity of the NECEC Transmission Line is more than 1,090 MW but less than 1,200 MW or the operating capacity of the Québec Line is more than 1,090 MW but less than 1,200 MW, this Agreement shall continue in effect at the lower of the capacity of the NECEC Transmission Line and the Québec Line, and the Contract Capacity shall be deemed modified accordingly.