Common use of Dispatch Clause in Contracts

Dispatch. (a) BPDB shall have the right to Dispatch the Facility from the Commercial Operations Date, provided that: (i) Dispatch of the Facility must at all times be consistent with the Technical Limits and the Operating Procedures; (ii) Dispatch shall not exceed at any time the then-prevailing Declared Capacity corrected from Reference Site Conditions to average ambient site conditions using correction factors provided pursuant to Section 13.1(b); (iii) during an Emergency, BPDB shall have the right to Dispatch the Facility in accordance with the provisions of Section 9.5 and (iv) except as provided in Section 9.5, BPDB shall Dispatch the Facility in accordance with Economic Dispatch. (b) The Company shall have the right to determine the operating modes (including but not limited to the determination of how to load each generating unit of the Facility. (c) Nothing contained in this Agreement shall be construed to require the Company to operate the Facility at any time, including during an Emergency, in any manner inconsistent with the Technical Limits or the Laws of Bangladesh. (d) BPDB will provide the Company with at least five (5) minutes advance notice of changes in operating levels to be achieved by the Facility, or such greater period as may be required by the Technical Limits. (e) The Company agrees to comply with the instructions it receives from BPDB pursuant to this Section 9.2. In the event that the Company is unable to comply for reasons other than the instructions being inconsistent with the Technical Limits, BPDB’s sole remedy shall be as provided in Section 8.3, 8.4 or 13.2(g) as applicable .

Dispatch. (a) BPDB shall have the right to Dispatch the Facility from the Commercial Operations Date, provided that: (i) Dispatch of the Facility must at all times be consistent with the Technical Limits and the Operating Procedures; (ii) Dispatch shall not exceed at any time the then-prevailing Declared Capacity corrected from Reference Site Conditions to average ambient site conditions using correction factors provided pursuant to Section 13.1(b); (iii) during During an Emergency, BPDB shall have the right to Dispatch the Facility in accordance with the provisions of Section 9.5 and9.5; (iv) except Except as provided in Section 9.5, BPDB shall Dispatch the Facility in accordance with Economic Dispatch; and (v) BPDB shall have the right to Dispatch any number of machine of the Facility based on the demand. The Company shall be obligated to follow the BPDB’s instruction. (b) The Company shall have the right to determine the operating modes (including but not limited to the determination determination) of how to load each generating unit of the Facility. (c) Nothing contained in this Agreement shall be construed to require the Company to operate the Facility at any time, including during an Emergency, in any manner inconsistent with the Technical Limits or the Laws of Bangladesh. (d) BPDB will provide the Company with at least five (5) minutes advance notice of changes in operating levels to be achieved by the Facility, or such greater period as may be required by the Technical Limits. (e) The Company agrees to comply with the instructions it receives from BPDB pursuant to this Section 9.2. In the event that the Company is unable to comply for reasons other than the instructions being inconsistent with the Technical Limits, BPDB’s sole remedy shall be as provided in Section 8.3, 8.4 or 13.2(g) as applicable 8.3 and 8.4.

Dispatch. (a) BPDB shall have the right to Dispatch the Facility from the Commercial Operations Date, provided that: (i) Dispatch of the Facility must at all times be consistent with the Technical Limits and the Operating Procedures; (ii) Dispatch shall not exceed at any time the then-prevailing Declared Capacity corrected from Reference Site Conditions to average ambient site conditions using correction factors provided pursuant to Section 13.1(b); (iii) during an Emergency, BPDB shall have the right to Dispatch the Facility in accordance with the provisions of Section 9.5 and (iv) except as provided in Section 9.5, BPDB shall Dispatch the Facility in accordance with Economic Dispatch. (b) The Company shall have the right to determine the operating modes (including but not limited to the determination of how to load each generating unit (gas turbine or steam turbine)) of the Facility. (c) Nothing contained in this Agreement shall be construed to require the Company to operate the Facility at any time, including during an Emergency, in any manner inconsistent with the Technical Limits or the Laws of Bangladesh. (d) BPDB will provide the Company with at least five (5) minutes advance notice of changes in operating levels to be achieved by the Facility, or such greater period as may be required by the Technical Limits. (e) The Company agrees to comply with the instructions it receives from BPDB pursuant to this Section 9.2. In the event that the Company is unable to comply for reasons other than the instructions being inconsistent with the Technical Limits, BPDB’s sole remedy shall be as provided in Section 8.3, 8.4 or 13.2(g) as applicable 9.3(e).