Curtailed Amounts Clause Samples

Curtailed Amounts. Seller will reasonably determine the MWh amount of Non-Compensable Curtailment (“Non-Compensable Curtailment Energy”) and Compensable Curtailment (“Compensable Curtailment Energy”) based on the amount of Potential Net Output that could have been but was not generated at the Facility and delivered to PacifiCorp at the Point of Delivery as Net Output because of Non-Compensable Curtailment or Compensable Curtailment. Seller must promptly provide PacifiCorp with access to such information and data as PacifiCorp may reasonably request to confirm to its reasonable satisfaction the amount of any Non-Compensable Curtailment Energy or Compensable Curtailment Energy. Any disputes between the Parties with respect to the amount or calculation of Compensable Curtailment Energy or Non-Compensable Curtailment Energy will be resolved in accordance with Section 24; provided, however, that the provisions in the definition of Potential Net Output shall control with respect to any dispute between the Parties with respect to the amount or calculation of Potential Net Output. For the avoidance of doubt, Wrongfully Delivered Energy shall not be considered Compensable Curtailment Energy.‌

Curtailed Amounts. Seller will reasonably determine the MWh amount of Non-Compensable Curtailment (“Non-Compensable Curtailment Energy”) and Compensable Curtailment (“Compensable Curtailment Energy”) based on the amount of Potential Net Output that could have been but was not generated at the Generating Facility and delivered to PacifiCorp at the Point of Delivery as Net Output because of Non-Compensable Curtailment or Compensable Curtailment. For purposes of determining the amount of Non-Compensable Curtailment Energy and Compensable Curtailment Energy, Seller will use the information provided by PacifiCorp pursuant to the last sentence of Section 4.5.1, subject to its right pursuant to Section 24 and the proviso in the definition of Potential Net Output. Seller must promptly provide PacifiCorp with access to such information and data as PacifiCorp may reasonably request to confirm to its reasonable satisfaction the amount of any Non-Compensable Curtailment Energy or Compensable Curtailment Energy. Any disputes between the Parties with respect to the amount or calculation of Compensable Curtailment Energy or Non-Compensable Curtailment Energy will be resolved in accordance with Section 24; provided, however, that the provisions in the definition of Potential Net Output will control with respect to any dispute between the Parties with respect to the amount or calculation of Potential Net Output. For the avoidance of doubt, Wrongfully Delivered Energy will not be considered Compensable Curtailment Energy.