Contingent Firm RA Product. Seller shall provide Buyer with the Product from the Units in the amount of the Contract Quantity. If the Units are not available to deliver any portion of the Product, in accordance with Section 3.6 and 3.7, for any reason other than an event of a Planned Outage or reduction in Unit NQC, as described in Section 3.3 (a) and (b) respectively, Seller shall provide Buyer with Replacement Capacity from one or more Replacement Units pursuant to Section 5.1. If Seller fails to provide Buyer with such Replacement Capacity pursuant to Section 5.1, then Seller shall be liable for damages and/or indemnify Buyer for penalties, fines or costs pursuant to the terms of Section 5. If the Units provide less than the full amount of the Contract Quantity in the event of a Planned Outage or a reduction to Unit NQC, then Seller shall not provide Buyer with Replacement Capacity and Seller is not liable for damages and/or required to indemnify Buyer for penalties, fines or costs pursuant to the terms of Section 5 for the Contract Quantity reductions in Sections 3.3(a) or 3.3(b).
Contingent Firm RA Product. Seller shall provide Buyer with the Product in the amount of the Contract Quantity. If the Units are not available to deliver any portion of the Product in accordance with Sections 3.6 and 3.7, then Seller shall provide Buyer with Replacement Capacity from one or more Replacement Units pursuant to Section 5.1 except for the events in Sections 3.3 (a)-(c). If Seller fails to provide Buyer with such Replacement Capacity pursuant to Section 5.1 or Seller fails to comply with the Planned Outage scheduling obligations in Section 3.3(a), then Seller shall be liable for damages and/or indemnify Buyer for penalties, fines or costs pursuant to the terms of Sections 5.2 and 5.
Contingent Firm RA Product. Seller shall provide Purchaser with Product from the Unit in the amount of the Contract Quantity. If the Unit is not available to provide the full amount of the Contract Quantity as a result of any reduction of the Contract Quantity of the Unit in accordance with Section 2.2, Seller shall have the option to notify Purchaser that either (a) Seller will not provide the portion of the Contract Quantity attributable to such reduction during the period of such non-availability; or (b) Seller will supply Alternate Capacity to fulfill the remainder of the Contract Quantity during such period pursuant to Section 2.
Contingent Firm RA Product. Seller shall provide Buyer with Designated RA Capacity from the Units in the amount of the applicable Contract Quantity; provided, however, that if (i) the Units are not available to provide the full amount of the Contract Quantity due to Force Majeure, any Planned Outage or any reduction of the RA Capacity of any Unit, and (ii) Seller has given Buyer timely notice pursuant to Section 4.5, then, Seller may either reduce the Contract Quantity or provide Buyer with Designated RA Capacity from one or more Replacement Units pursuant to Section 4.5 hereof. If Seller fails to provide Buyer with any portion of the Designated RA Capacity (x) for a reason other than a Force Majeure, Planned Outage or reduction of the RA Capacity of any Unit, or (y) Seller failed to give Buyer timely notice pursuant to Section 4.5(a), then Seller shall be liable for damages and/or required to indemnify Buyer for penalties or fines pursuant to the terms of Sections 4.7 and 4.8 hereof.
Contingent Firm RA Product. Seller shall provide Buyer with Designated RA Capacity from the Unit(s) in the amount of the Contract Quantity. If the Unit(s) is/are not available to provide the full amount of the Contract Quantity because of a Non-Excusable Event, Seller shall provide Buyer with Designated RA Capacity from one or more Replacement Units pursuant to Section 5.2 hereof. In such case, if Seller fails to provide Buyer with replacement Designated RA Capacity from Replacement Units pursuant to Section 5.2, then Seller shall be liable for damages and/or to indemnify Buyer for penalties or fines pursuant to the terms of Section 5. If the Units provide less than the full amount of the Contract Quantity for any reason other than a Non-Excusable Event, Seller is not obligated to provide Buyer with replacement Designated RA Capacity or to indemnify Buyer for penalties or fines pursuant to Section 5.5 hereof.
Contingent Firm RA Product. Seller shall provide Buyer with the Designated RA Capacity in accordance with the Capacity Attributes and Contract Quantity as set forth in Appendix B for each day included in the Delivery Period from the Unit(s) defined in Appendix D. If Seller fails to provide Buyer with the Designated RA Capacity as a result of a Non-Excusable Event, then Seller shall be liable for damages and/or required to indemnify Buyer for any resulting penalties or fines pursuant to the terms of Section 2.4 hereof.
Contingent Firm RA Product. Seller shall provide Buyer with the Product from the Units in the amount of the Contract Quantity. If the Units are not available to provide any portion of the Product for any reason other than an event of a Planned Outage or reduction in Unit NQC as described in this Section 3.3 (a) and (b), Seller shall provide Buyer with Replacement Capacity from one or more Replacement Units pursuant to Section 5.1. If Seller fails to provide Buyer with Replacement Capacity pursuant to Section 5.1, then Seller shall be liable for damages and/or indemnify Buyer for penalties, fines or costs pursuant to the terms of Section 5. If the Units provide less than the full amount of the Contract Quantity in the event of a Planned Outage or a reduction to Unit NQC, Seller is not obligated to provide Buyer with Replacement Capacity or liable for damages and/or to indemnify Buyer for penalties, fines or costs pursuant to the terms of Section 5.
Contingent Firm RA Product. Seller shall provide Buyer with Designated RA Capacity from the Unit in the amount of the Contract Quantity specified in Section 4.
Contingent Firm RA Product. Seller shall provide Buyer with Designated RA Capacity from the Units in the amount of the applicable Contract Quantity; provided, however, that if the Units are not available to provide the full amount of the Contract Quantity on account of an Outage or Force Majeure, then Seller may provide Buyer with Designated RA Capacity from one or more Replacement Units pursuant to Section 4.5 hereof. If Seller fails to provide Buyer with the Designated RA Capacity, then Seller shall be liable for damages and/or be required to indemnify Buyer for costs, penalties or fines pursuant to the terms of Sections 4.7 and 4.8 hereof; provided, however, that Seller shall not be liable for damages and/or required to indemnify Buyer for costs, penalties or fines pursuant to the terms of Sections 4.7 and 4.8 hereof in connection with a Planned Outage if, and only if, Seller has provided Buyer with timely notice pursuant to Section 4.4(a) of Seller’s intent not to provide Alternate Capacity due to a Planned Outage in an amount equal to the portion of the Contract Quantity of that Showing Month that is unavailable due to such Planned Outage.
Contingent Firm RA Product. Seller shall provide Buyer with Product from the Unit in the amount of the Contract Quantity specified in Section 4.3. If the Unit is not available to provide the Contract Quantity as a result of any Planned Outage of the Unit and/or reduction in the Unit NQC or Unit EFC of the Unit, then, subject to Section 4.4, Seller shall have the option to notify Buyer that either (a) Seller will not provide the Contract Quantity during the period of such non-availability; or (b) Seller will supply Alternate Capacity to fulfill the remainder of the Contract Quantity during such period. If Seller fails to provide Buyer with the Contract Quantity and has failed to supply Alternate Capacity to fulfill the remainder of the Contract Quantity during such period, the Seller shall be liable for damages and/or required to indemnify Buyer for penalties or fines pursuant to the terms of Section 4.7 and 4.8; provided, however, that Seller shall not be liable for damages and/or required to indemnify Buyer for costs, penalties or fines pursuant to the terms of Sections 4.7 and 4.8 if and only if Seller has provided Buyer with timely notice in accordance with the Notification Deadline of Seller’s intent not to provide Alternate Capacity in an amount equal to the Contract Quantity of that Showing Month due to a Planned Outage of the Unit and/or reduction in the Unit NQC or Unit EFC of the Unit.
