Control and Operation of the Facility Sample Clauses

Control and Operation of the Facility. 8.1 SELLER shall, at least sixty (60) Days prior to the Commercial Operation Date, submit a written schedule of Scheduled Outages ("Scheduled Outage Program") for the remaining portion of the first Year of the Facility's operations and, if the Commercial Operation Date occurs after September for the following Year, setting forth the proposed Scheduled Outage periods. Thereafter, SELLER shall submit to PREPA, in writing, by September 1 of each Year, its proposed Scheduled Outage Program the next Year. 8.2 SELLER shall use reasonable efforts to notify PREPA of any Non- Scheduled Outages at least twenty four (24) hours in advance and coordinate all Non-Scheduled Outages with PREPA. 8.3 If an Emergency is declared by PREPA, PREPA's dispatching centers may disconnect the Facility from PREPA's system, or reduce the Net Electrical Output by curtailment, to the extent permitted by Article 7 and the Agreed Operating Procedures. If a curtailment pursuant to Article 7 is declared by PREPA, PREPA's dispatching centers may curtail Facility's output to the extent permitted by Article 7 and the Agreed Operating Procedures. The Facility will remain disconnected from PREPA's system, or curtailed, following an Emergency until SELLER has received permission to reconnect from PREPA's dispatching center in accordance with the Agreed Operating Procedures. Any disconnection or reduction in the Facility's output required by PREPA under this Agreement shall be of no greater scope and of SECOND AMENDMENT CONTRACT - YFN Yabucoa Solar LLC no longer duration than is required by the Emergency or operating condition pursuant to Article 7 and the Agreed Operating Procedures, consistent with Prudent Utility Practices. Upon an Emergency or curtailment pursuant to Article 7 that results in any disconnection or reduction in the Facility's output, PREPA shall, as soon as practicable after the occurrence of the Emergency or operating condition, provide written notice to SELLER describing the particulars of the occurrence and its estimated duration and shall diligently use all reasonable efforts, consistent with Prudent Utility Practices, to remedy the Emergency or operating condition. In any situation where PREPA causes a reduction of Net Electrical output or a disconnection of the Facility, PREPA shall treat the Facility no less favorably than other facilities connected to PREPA's grid. 8.4 PREPA shall have no liability to SELLER in connection with any disconnection or reduction in the Facili...
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Control and Operation of the Facility. 7.1 Operator shall inform the North Carolina Power operations center designated in the interconnection study performed pursuant to Article 8 as to the daily operating schedule and generation capability of its Facility, including, without limitation, during any Forced Outage. In addition, by the 5th of each Month after the first Month after the Commercial Operations Date, Operator shall provide North Carolina Power with Facility performance and events data for the preceding Month in a format consistent with the most current NERC Generating Availability Data Systems (“GADS”) reporting standards. Event reporting terminology and definitions under the NERC GADS reporting standards do not modify the terms of this Agreement. 7.2 Operator shall submit to North Carolina Power, in writing, by September 1 of each Year, its planned Scheduled Outage periods for the next Year. Operator may modify its Scheduled Outage periods by notifying North Carolina Power. of any such modifications at least ninety (90) Days (or less if North Carolina Power agrees) in advance. Such Scheduled Outages shall not exceed 30 Days in each Year, except for those Years where major maintenance overhauls are planned. Operator may only schedule major maintenance overhauls to occur in 2004, 2009, 2014 and 2019, unless mutually agreed otherwise. During such major maintenance overhaul years, Scheduled Outages shall not exceed 42 Days. North Carolina Power shall have the right to approve the start date of any Scheduled Outage, such approval not to be unreasonably withheld, delayed or conditioned, and, in any event, shall notify Operator of such approval or disapproval no later than the October 31 next following the submission by Operator of its planned Scheduled Outage periods for the next Year. At least thirty (30) days prior to any Scheduled Outage, Operator shall provide North Carolina Power with whatever schedule for such Scheduled Outage that Operator then has. Operator shall not schedule a Scheduled Outage during the Months of December, January, February or during the period from June 15 through September 15 of any Year without the prior written consent of North Carolina Power. In addition to Scheduled Outages, Operator is entitled to an unlimited number of Maintenance Outages and Forced Outages during any Year. Operator shall provide North Carolina Power with forty-eight (48) hours advance notice, or such lesser notice as is practicable under the circumstances, of the timing and estimated dura...
Control and Operation of the Facility. 8.1 SELLER shall, at least sixty (60) Days prior to the Commercial Operation Date, submit a written schedule of Scheduled Outages ("Scheduled Outage Program") for the remaining portion of the first Year of the Facility's operations and, if the Commercial Operation Date occurs after September 1, the following Year, setting forth the proposed Scheduled Outage periods. Thereafter, SELLER shall submit to PREPA, in writing, by September 1 of each Year, its proposed Scheduled Outage Program for the next Year. 8.2 SELLER shall use reasonable efforts to notify PREPA of any Non-Scheduled Outages at least twenty four (24) hours in advance and coordinate all Non-Scheduled Outages with PREPA. 8.3 If an Emergency is declared by PREPA, PREPA's dispatching centers may disconnect the Facility from PREPA's system, or reduce the Net Electrical Output by curtailment, to the extent permitted by Article 7.
Control and Operation of the Facility. 7.1 DNCP has the exclusive rights to Dispatch the Units, and to Dependable Capacity, and NEO therefrom. 7.2 Operator shall inform DNCP as to the daily operating schedule and generation capability of the Units, including, without limitation, during any Forced Outage. Each Business Day prior to 09:00 hours, Operator shall transmit to DNCP a “Daily Informational Notice” for seven Days following such Business Day and availability for the then current Business Day. Such Daily Informational Notice shall include: (a) the availability of the Units for operation during such Day(s), including the MW per hour that Operator is capable of providing as Net Electrical Output, if any; and (b) the Marginal Cost. Such Marginal Cost shall remain in effect for each subsequent Day until such time as Operator informs DNCP of a new Marginal Cost. In addition, by the 5th Business Day of each Month after the first Month after the Effective Date, Operator shall provide DNCP with Facility performance and events data for the preceding Month in a format consistent with the most current NERC Generating Availability Data Systems (“GADS”) reporting standards. Event reporting terminology and definitions under the NERC GADS reporting standards do not modify the terms of this Agreement. 7.3 DNCP may offer the output of the Units into PJM subject to the following limitations: (a) If MW capacity per hour offered for a Unit exceeds the Minimum Operating Level, the Price Offer for the amount of such capacity per hour above the Minimum Operating Level shall be equal to or greater than Marginal Cost and in accordance with PJM rules. (b) For MW capacity per hour offered for a Unit that is equal to or less than the Minimum Operating Level, the Price Offer for such capacity per hour shall be at DNCP’s sole discretion and in accordance with PJM rules, subject to limitations in Section 7.4. 7.4 If the Facility has generated in excess of 100,000 MWh of total NEO since the Effective Date, and the total Net Energy Margin for the most recent 100,000 MWh of total NEO is negative, then Operator and DNCP shall mutually develop and approve procedures for submitting Price Offers at less than Marginal Cost. Such procedures will be implemented by DNCP until such time as the total Net Energy Margin for the most recent 100,000 MWh of total NEO is positive. During such time that these procedures are being developed, and until such procedures are implemented, Operator shall have the right to approve any Price Offers...
Control and Operation of the Facility. The Parties shall comply with the operating procedure established pursuant to this Article 9 and the plan for the operation and maintenance of the Facility presented by the BOT Company pursuant to Article 6.2(e).
Control and Operation of the Facility 

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