Common use of Electricity Production and Plant Maintenance Schedule Clause in Contracts

Electricity Production and Plant Maintenance Schedule. 8.1 During the term of this Contract, no later than sixty (60) days prior to the Capacity Delivery Date and prior to April 1 of each calendar year thereafter, the QS shall submit to FPL in writing a detailed plan of: (a) the amount of firm capacity and energy to be generated by the Facility and delivered to the Delivery Point for each month of the following calendar year, and (b) the time, duration and magnitude of any scheduled maintenance period(s) and any anticipated reductions in capacity. 8.2 By October 31 of each calendar year, FPL shall notify the QS in writing whether the requested scheduled maintenance periods in the detailed plan are acceptable. If FPL objects to any of the requested scheduled maintenance periods, FPL shall advise the QS of the time period closest to the requested period(s) when the outage(s) can be scheduled. The QS shall schedule maintenance outages only during periods approved by FPL, such approval not unreasonably withheld. Once the schedule for maintenance has been established and approved by FPL, either Party may request a subsequent change in such schedule and, except when such event is due to Force Majeure, request approval for such change from the other Party, such approval not to be unreasonably withheld or delayed. Scheduled maintenance outage days shall be limited to seven (7) days per calendar year unless the manufacturer’s recommendation of maintenance outage days for the technology and equipment used by the Facility exceeds such 7day period, provided, such number of days is considered reasonable by prudent industry standards and does not exceed two (2) fourteen (14) day intervals, one in the Spring and one in the Fall, in any calendar year. The scheduled maintenance outage days applicable for the QS are days in the Spring and days in the Fall of each calendar year, provided the conditions specified in the previous sentence are satisfied. In no event shall maintenance periods be scheduled during the following periods: June 1 through and including October 31st and December 1 through and including February 28 (or 29th as the case may be). 8.3 The QS shall comply with reasonable requests by FPL regarding day-to-day and hour-by-hour communication between the Parties relative to electricity production and maintenance scheduling.

Electricity Production and Plant Maintenance Schedule. 8.1 During the term of this Contract, no later than sixty (60) days prior to the Capacity Delivery Date and prior to April 1 of each calendar year thereafter, the QS shall submit to FPL in writing a detailed plan of: (a) the amount of firm capacity and energy to be generated by the Facility and delivered to the Delivery Point for each month of the following calendar year, and (b) the time, duration and magnitude of any scheduled maintenance period(s) and any anticipated reductions in capacity. 8.2 By October 31 of each calendar year, FPL shall notify the QS in writing whether the requested scheduled maintenance periods in the detailed plan are acceptable. If FPL objects to any of the requested scheduled maintenance periods, FPL shall advise the QS of the time period closest to the requested period(s) when the outage(s) can be scheduled. The QS shall schedule maintenance outages only during periods approved by FPL, such approval not unreasonably withheld. Once the schedule for maintenance has been established and approved by FPL, either Party may request a subsequent change in such schedule and, except when such event is due to Force Majeure, request approval for such change from the other Party, such approval not to be unreasonably withheld or delayed. Scheduled maintenance outage days shall be limited to seven (7) days per calendar year unless the manufacturer’s recommendation of maintenance outage days for the technology and equipment used by the Facility exceeds such 7day 7 day period, provided, such number of days is considered reasonable by prudent industry standards and does not exceed two (2) fourteen (14) day intervals, one in the Spring and one in the Fall, in any calendar year. The scheduled maintenance outage days applicable for the QS are days in the Spring and days in the Fall of each calendar year, provided the conditions specified in the previous sentence are satisfied. In no event shall maintenance periods be scheduled during the following periods: June 1 through and including October 31st and December 1 through and including February 28 (or 29th as the case may be). 8.3 The QS shall comply with reasonable requests by FPL regarding day-to-day and hour-by-hour communication between the Parties relative to electricity production and maintenance scheduling.

Electricity Production and Plant Maintenance Schedule. 8.1 During 10.1 No later than sixty (60) calendar days prior to the Required Capacity Delivery Date, and prior to October 1 of each calendar year thereafter during the term of this Contract, no later than sixty (60) days prior to the Capacity Delivery Date and prior to April 1 of each calendar year thereafter, the QS RF/QF shall submit to FPL DEF in writing a detailed plan of: (a) good-faith estimate of the amount of firm capacity and energy electricity to be generated by the Facility and delivered to the Delivery Point DEF for each month of the following calendar year, and (b) including the time, duration and magnitude of any scheduled maintenance period(s) and any anticipated or reductions in capacityCapacity. The RF/QF agrees to provide updates to its planned maintenance periods as they become known. The Parties agree to discuss coordinating scheduled maintenance schedules. 8.2 10.2 By October 31 of each calendar year, FPL DEF shall notify the QS RF/QF in writing whether the requested scheduled maintenance periods in the detailed plan are acceptable. If FPL objects to DEF does not accept any of the requested scheduled maintenance periods, FPL DEF shall advise the QS RF/QF of the time period closest to the requested period(s) when the outage(s) can be scheduled. The QS RF/QF shall only schedule maintenance outages only during periods approved by FPLDEF, and such approval shall not be unreasonably withheld. Once the schedule for maintenance the detailed plan has been established and approved by FPLapproved, either Party may request requesting a subsequent change in such schedule andschedule, except when such event change is due to Force Majeure, request must obtain approval for such change from the other Party, such . Such approval shall not to be unreasonably withheld or delayed. Scheduled maintenance outage days shall be limited to seven (7) eleven days per calendar year unless the manufacturer’s recommendation of maintenance outage days for the technology and equipment used by the Facility exceeds such 7day period, provided, such number of days is considered reasonable by prudent industry standards and does not exceed two (2) fourteen (14) day intervals, one in the Spring and one in the Fall, in any calendar year. The scheduled maintenance outage days applicable for the QS are days in the Spring and days in the Fall of each calendar year, provided the conditions specified in the previous sentence are satisfied. In no event shall maintenance periods be scheduled during the following periods: June 1 through and including October 31st September 15 and December 1 through and including February 28 (or 29th as the case may be)last day of February. 8.3 10.3 The QS RF/QF shall comply with reasonable requests by FPL DEF regarding day-to-day and hour-by-hour communication between the Parties relative to electricity production and maintenance scheduling. 10.4 The Parties recognize that the intent of the availability factor in Section 4 of this Contract includes an allowance for scheduled outages, forced outages and forced reductions in the output of the Facility. Therefore, the RF/QF shall provide DEF with notification of any forced outage or reduction in output which shall include the time and date at which the forced outage or reduction occurred, a brief description of the cause of the outage or reduction and the time and date when the forced outage or reduction ceased and the Facility was able to return to normal operation. This notice shall be provided to DEF within seventy-two (72) hours of the end of the forced outage or reduction.