Common use of Contract Capacity Clause in Contracts

Contract Capacity. (a) The Contract Capacity shall be specified in the Purchase Power Agreement and shall not exceed the capacity specified in Seller’s Interconnection Agreement. This term shall mean the maximum continuous electrical output capability expressed on an alternating current basis of the generator(s) at any time, at a power factor of approximately unity, without consuming VARs supplied by Company, as measured at the Point of Delivery and shall be the maximum kWAC delivered to Company during any billing period. Seller shall not exceed the Contract Capacity unless and until the increase has been agreed to in an amendment executed by Company and Seller and Seller’s facilities have been upgraded to accept the actual or requested increase as may be required by Company in its commercially reasonable discretion. (b) Seller shall not change the Contract Capacity (AC or DC), without adequate notice to Company, and without receiving Company's prior written consent, and if such unauthorized increase causes loss of or damage to Company’s facilities, the cost of making good such loss or repairing such damage shall be paid by Seller. (c) Company may require that a new Contract Capacity be determined when it reasonably appears that the capacity of Seller’s generating facility or annual energy production will deviate from contracted or established levels for any reason, including, but not limited to, a change in water flow, steam supply, or fuel supply. (d) Seller may apply to Company to increase the Contract Capacity during the Contract Period and, upon approval by Company and execution of an amendment to implement the change by Company and Seller, future Monthly delivered capacities shall not exceed the revised Contract Capacity. If such increase in Contract Capacity results in additional costs associated with redesign or a resizing of Company’s facilities, such additional costs to Seller shall be determined in accordance with the Interconnection Agreement. (e) Any Material Alteration to the Facility, including without limitation, an increase in the Existing Capacity or a decrease in the Existing Capacity by more than five (5) percent or the addition of energy storage capability, shall require the prior written consent of Company, which may not be unreasonably withheld, conditioned or delayed, and shall not be effective until memorialized in an amendment executed by Company and Seller.

Contract Capacity. (a) The Contract Capacity shall be specified in the Purchase Power Agreement and shall not exceed the capacity specified in the Seller’s Interconnection Agreement. This term shall mean the maximum continuous electrical output capability expressed on an alternating current basis of the generator(s) at any time, at a power factor of approximately unity, without consuming VARs supplied by Company, as measured at the Point of Delivery and shall be the maximum kWAC delivered to the Company during any billing period. The Seller shall not exceed the existing Contract Capacity unless and until the increase has been agreed to in an amendment executed by Company and Seller and Seller’s facilities have been upgraded to accept the actual or requested increase as may be required by Company in its commercially reasonable discretion. (b) The Seller shall not change the Contract Capacity (AC Capacity, or DC), contracted estimated annual energy production without adequate notice to the Company, and without receiving the Company's prior written consent, and if such unauthorized increase causes loss of or damage to the Company’s facilities, the cost of making good such loss or repairing such damage shall be paid by the Seller. (c) The Company may require that a new Contract Capacity be determined when it reasonably appears that the capacity of the Seller’s 's generating facility or annual energy production will deviate from contracted or established levels for any reason, including, but not limited to, a change in water flow, steam supply, or fuel supply. (d) The Seller may apply to the Company to increase the Contract Capacity during the Contract Period and, upon approval by Company Company, and execution of an amendment to implement the change has been executed by the Company and the Seller, future Monthly delivered capacities shall not exceed the revised Contract Capacity. If such increase in Contract Capacity results in additional costs associated with redesign or a resizing of Company’s facilities, such additional costs to the Seller shall be determined in accordance with the Interconnection Agreement. (e) Any Material Alteration to the Facility, including without limitation, an increase in the Existing Capacity or Capacity, a decrease in the Existing Capacity by more than five (5) percent or the addition of energy storage capability, capability shall require the prior written consent of the Company, which may not be unreasonably withheld, conditioned or delayedwithheld in the Company’s sole discretion, and shall not be effective until memorialized in an amendment executed by the Company and the Seller.

Contract Capacity. (a) The Contract Capacity shall be as specified in the Purchase Power Agreement and shall not exceed the capacity specified in the Seller’s Interconnection Agreement. This term shall mean the maximum continuous electrical output capability expressed on an alternating current basis of the generator(s) at any time, at a power factor of approximately unity, without consuming VARs supplied by Company, as measured at the Point of Delivery and shall be the maximum kWAC kW delivered to Company during any billing period. Seller shall not exceed the existing Contract Capacity unless and until the increase has been agreed to in an amendment executed by Company and Seller and Seller’s facilities have been upgraded to accept the actual or requested increase as may be required by Company in its commercially reasonable discretion. (b) Seller shall not change the Contract Capacity (AC or DC), contracted estimated annual energy production without adequate notice to Company, and without receiving Company's prior written consent, and if such unauthorized increase causes loss of or damage to Company’s facilities, the cost of making good such loss or repairing such damage shall be paid by Seller. (c) Company may require that a new Contract Capacity be determined when it reasonably appears that the capacity of Seller’s 's generating facility or annual energy production will deviate from contracted or established levels for any reason, including, but not limited to, a change in water flow, steam supply, or fuel supply. (d) Seller may apply to Company to increase the Contract Capacity during the Contract Period and, upon approval by Company Company, and execution of an amendment to implement the change has been executed by Company and Seller, future Monthly delivered capacities shall not exceed the revised Contract Capacity. If such increase in Contract Capacity results in additional costs associated with redesign or a resizing of Company’s 's facilities, such additional costs to Seller shall be determined in accordance with the Interconnection Agreement. (e) Any Material Alteration to the Facility, including without limitation, an increase in the Existing Capacity or Capacity, a decrease in the Existing Capacity by more than five (5) percent or the addition of energy storage capability, capability shall require the prior written consent of Company, which may not be unreasonably withheld, conditioned or delayedwithheld in Company’s sole discretion, and shall not be effective until memorialized in an amendment executed by Company and Seller.

Contract Capacity. (a) The Contract Capacity shall be as specified in the Purchase Power Agreement and shall not exceed the capacity specified in the Seller’s Interconnection Agreement. This term shall mean the maximum continuous electrical output capability expressed on an alternating current basis of the generator(s) at any time, at a power factor of approximately unity, without consuming VARs supplied by Company, as measured at the Point of Delivery and shall be the maximum kWAC kW delivered to Company during any billing period. Seller shall not exceed the existing Contract Capacity unless and until the increase has been agreed to in an amendment executed by Company and Seller and Seller’s facilities have been upgraded to accept the actual or requested increase as may be required by Company in its commercially reasonable discretion. (b) Seller shall not change the Contract Capacity (AC Capacity, or DC), contracted estimated annual energy production without adequate notice to Company, and without receiving Company's prior written consent, and if such unauthorized increase causes loss of or damage to Company’s facilities, the cost of making good such loss or repairing such damage shall be paid by Seller. (c) Company may require that a new Contract Capacity be determined when it reasonably appears that the capacity of Seller’s 's generating facility or annual energy production will deviate from contracted or established levels for any reason, including, but not limited to, a change in water flow, steam supply, or fuel supply. (d) Seller may apply to Company to increase the Contract Capacity during the Contract Period and, upon approval by Company Company, and execution of an amendment to implement the change has been executed by Company and Seller, future Monthly delivered capacities shall not exceed the revised Contract Capacity. If such increase in Contract Capacity results in additional costs associated with redesign or a resizing of Company’s 's facilities, such additional costs to Seller shall be determined in accordance with the Interconnection Agreement. (e) Any Material Alteration to the Facility, including without limitation, an increase in the Existing Capacity or Capacity, a decrease in the Existing Capacity by more than five (5) percent or the addition of energy storage capability, capability shall require the prior written consent of Company, which may not be unreasonably withheld, conditioned or delayedwithheld in Company’s sole discretion, and shall not be effective until memorialized in an amendment executed by Company and Seller.

Contract Capacity. (a) The Contract Capacity shall be specified in the Purchase Power Agreement and shall not exceed the capacity specified in Seller’s Interconnection Agreement. This term shall mean the maximum continuous electrical output capability expressed on an alternating current basis of the generator(s) at any time, at a power factor of approximately unity, without consuming VARs supplied by Company, as measured at the Point of Delivery and shall be the maximum kWAC delivered to Company during any billing period. Seller shall not exceed the Contract Capacity unless and until the increase has been agreed to in an amendment executed by Company and Seller and Seller’s facilities have been upgraded to accept the actual or requested increase as may be required by Company in its commercially reasonable discretion. (b) Seller shall not change the Contract Capacity (AC or DC), without adequate notice to Company, and without receiving Company's prior written consent, and if such unauthorized increase causes loss of or damage to Company’s facilities, the cost of making good such loss or repairing such damage shall be paid by Seller. (c) Company may require that a new Contract Capacity be determined when it reasonably appears that the capacity of Seller’s 's generating facility or annual energy production will deviate from contracted or established levels for any reason, including, but not limited to, a change in water flow, steam supply, or fuel supply. (d) Seller may apply to Company to increase the Contract Capacity during the Contract Period and, upon approval by Company and execution of an amendment to implement the change by Company and Seller, future Monthly delivered capacities shall not exceed the revised Contract Capacity. If such increase in Contract Capacity results in additional costs associated with redesign or a resizing of Company’s facilities, such additional costs to Seller shall be determined in accordance with the Interconnection Agreement. (e) Any Material Alteration to the Facility, including without limitation, an increase in the Existing Capacity or a decrease in the Existing Capacity by more than five (5) percent or the addition of energy storage capability, capability shall require the prior written consent of Company, which may not be unreasonably withheld, conditioned or delayed, and shall not be effective until memorialized in an amendment executed by Company and Seller.

Contract Capacity. (a) The Contract Capacity shall be specified the kW ofspecified in the Purchase Power Agreement and shall not exceed the capacity specified in Sellerthe Purchase PowerSeller’s Interconnection Agreement. This term shall mean the maximum continuous electrical output capability expressed on an alternating current basis of the generator(s) at any time, at a power factor of approximately unity, without consuming VARs supplied by the Company, as measured at the Point of Delivery and shall be the maximum kWAC delivered to the Company during any billing period. In cases where any change is required in the Company's facilities due to the actual capacity delivered exceeding the Contract Capacity or due to the Seller requesting an increase in the capacity of Company's facilities, the Company may require the Seller to execute a new Agreement or amend an existing Agreement, thereby establishing a new Contract Capacity. If the Company's facilities cannot be upgraded to accept such actual or requested increase, then upon written notice, Seller shall not exceed the existing Contract Capacity unless or such amount in excess thereofunless and until the increase has been agreed to Duke Energy Carolinas, LLC in an amendment executed by Company and Seller and Seller’s facilities have been upgraded to accept the actual or requested increase as may themay be required by Company in determines it is able to acceptin its commercially reasonable discretion. (b) The Seller shall not change the its generating capacitythe Contract Capacity (AC or DC), or contracted estimated annual kWh energy production without adequate notice to the Company, and without receiving the Company's prior written consent, and if such unauthorized increase causes loss of or damage to the Company’s facilities, the cost of making good such loss or repairing such damage shall be paid by the Seller. (c) The Company may require that a new Contract Capacity be determined when it reasonably appears that the capacity of the Seller'’s generating facility or annual energy production will deviate from contracted or established levels for any reason, including, but not limited to, a change in water flow, steam supply, or fuel supply. (d) In the event that the Contract Capacity is terminated, in whole or in part, prior to the completion of the term of the Agreement, the Seller shall pay to the Company a penalty as set forth in paragraph 6, below.Seller may apply to Company to increase the Contract Capacity during the Contract Period and, upon approval by Company and execution of an amendment to implement the change by Company and Seller, future Monthly delivered capacities shall not exceed the revised Contract Capacity. If such increase in Contract Capacity results in additional costs associated with redesign or a resizing of Company’s facilities, such additional costs to Seller shall be determined in accordance with the Interconnection Agreement. (e) Any Material Alteration to the Facility, including without limitation, an increase in the Existing Capacity or a decrease in the Existing Capacity by more than five (5) percent or the addition of energy storage capability, shall require the prior written consent of Company, which may not be unreasonably withheld, conditioned or delayed, and shall not be effective until memorialized in an amendment executed by Company and Seller.