Definition of Connection Force Majeure Event. A “Connection Force Majeure Event” occurs if the Project is ready to be energised and there is a delay in the commissioning of the Project in accordance with the NER to a level that would allow LTES Operator to export a volume of electricity equal to or exceeding [95% of] the Maximum Capacity, that: [Note: see comment on clause 8.1(b) in respect of bracketed tolerance.] (a) is not within the reasonable control of LTES Operator; (b) LTES Operator could not have avoided through the exercise of reasonable care and compliance with its obligations under this agreement and Good Industry Practice; and (c) solely relates to the connection of the Project to the Network and/or the commissioning of the Project in accordance with the NER, and not to the construction of the Project.
Appears in 1 contract
Samples: Project Development Agreement
Definition of Connection Force Majeure Event. A “Connection Force Majeure Event” occurs if the Project is ready to be energised and there is a delay in the commissioning of the Project in accordance with the NER to a level that would allow LTES Operator to export a volume of electricity equal to or exceeding [95% of] the Maximum Registered Capacity, that: [Note: see comment on clause 8.1(b) in respect of bracketed tolerance.]
(a) is not within the reasonable control of LTES Operator;
(b) LTES Operator could not have avoided avoided, mitigated, remedied or overcome through the exercise of reasonable care and compliance with its obligations under this agreement and Good Industry Practice; and
(c) solely relates to the connection of the Project to the Network and/or the commissioning of the Project in accordance with the NER, and not to the construction of the Project.
Appears in 1 contract
Samples: Project Development Agreement
Definition of Connection Force Majeure Event. A “Connection Force Majeure Event” occurs if the Project is ready to be energised and there is a delay in the commissioning of the Project in accordance with the NER to a level that would allow LTES Operator to export a volume of electricity equal to or exceeding [95% of] the Maximum Registered Capacity, that: [Note: see comment on clause 8.1(b) in respect of bracketed tolerance.]
(a) is not within the reasonable control of LTES Operator;
(b) LTES Operator could not have avoided avoided, mitigated, remedied or overcome through the exercise of reasonable care and compliance with its obligations under this agreement and Good Industry Practice; and
(c) solely relates to the connection of the Project to the Network and/or the commissioning of the Project in accordance with the NER, and not to the construction of the Project.
Appears in 1 contract
Samples: Project Development Agreement
Definition of Connection Force Majeure Event. A “Connection Force Majeure Event” occurs if the Project is ready to be energised and there is a delay in the commissioning of the Project in accordance with the NER to a level that would allow LTES Operator to export a volume of electricity equal to or exceeding [95% of] the Maximum Capacity, that: DRAFT [Note: see comment on clause 8.1(b) in respect of bracketed tolerance.]
(a) is not within the reasonable control of LTES Operator;
(b) LTES Operator could not have avoided through the exercise of reasonable care and compliance with its obligations under this agreement and Good Industry Practice; and
(c) solely relates to the connection of the Project to the Network and/or the commissioning of the Project in accordance with the NER, and not to the construction of the Project.
Appears in 1 contract
Samples: Project Development Agreement