Common use of Emergencies and Exempt Operational Periods Clause in Contracts

Emergencies and Exempt Operational Periods. Buyer shall not be obligated to purchase electric energy or make payments based on electric energy delivered pursuant to Section 7, Compensation, for any electric energy which Seller may have available at the Plant during any of the following events which in each case shall be deemed to constitute an Uncompensated Curtailment: (i) Emergencies, (ii) events of Force Majeure, (iii) Exempt Operational Periods, (iv) distribution system outages that limit Seller’s ability to deliver energy to the Point of Delivery or that limit Buyer’s ability to distribute such energy to customers, (v) outages of the Plant, or (vi) any other curtailment, except economic curtailment due to Buyer’s offer of the Plant in MISO’s wholesale energy market, ordered by a Reliability Authority. Notwithstanding the above, should Buyer fail to receive verification of its determination of an Exempt Operational Period from the MPSC as described in 18 CFR § 292.304(f)(4), if applicable, then such determination shall be deemed to be a Compensated Curtailment and Buyer shall be obligated to make such payments for all electric energy which Seller had available at the Plant, whether or not delivery of such electric energy was suspended due to Buyer’s notification to Seller under 18 CFR § 292.304(f)(4).

Emergencies and Exempt Operational Periods. Buyer shall not be obligated to purchase accept electric energy or make payments based on electric energy delivered pursuant to Section 7, Compensation, for any electric energy which Seller may have available at the Plant during any of the following events which in each case shall be deemed to constitute an Uncompensated Curtailment: (( i) Emergencies after Buyer has given Seller timely notice of such Emergencies, ; (ii) events of Force Majeure, (iii) Exempt Operational Periods, or (iv) distribution system outages that limit Seller’s ability to deliver energy to the Point of Delivery or that limit Buyer’s ability to distribute such energy to customers, (v) scheduled outages of the Plant, or (vi) any other curtailment, except economic curtailment due to Buyer’s offer of the Plant in MISO’s wholesale energy market, ordered by a Reliability Authority. Notwithstanding the above, should Buyer fail to receive verification of its determination of an Exempt Operational Period from the MPSC as described in 18 CFR § 292.304(f)(4), if applicable, then such determination shall be deemed to be a Compensated Curtailment and Buyer shall be obligated to make such payments for all electric energy which Seller had available at the Plant, whether or not delivery of such electric energy was suspended due to Buyer’s notification to Seller under 18 CFR § 292.304(f)(4).

Emergencies and Exempt Operational Periods. Buyer shall not be obligated to purchase accept electric energy or make payments based on electric energy delivered pursuant to Section 7, Compensation, for any electric energy which Seller may have available at the Plant during any of the following events which in each case shall be deemed to constitute an Uncompensated Curtailment: (ii ) Emergencies after Buyer has given Seller timely notice of such Emergencies, ; (ii) events of Force Majeure, (iii) Exempt Operational Periods, or (iv) distribution system outages that limit Seller’s ability to deliver energy to the Point of Delivery or that limit Buyer’s ability to distribute such energy to customers, (v) scheduled outages of the Plant, or (vi) any other curtailment, except economic curtailment due to Buyer’s offer of the Plant in MISO’s wholesale energy market, ordered by a Reliability Authority. Notwithstanding the above, should Buyer fail to receive verification of its determination of an Exempt Operational Period from the MPSC as described in 18 CFR § 292.304(f)(4), if applicable, then such determination shall be deemed to be a Compensated Curtailment and Buyer shall be obligated to make such payments for all electric energy which Seller had available at the Plant, whether or not delivery of such electric energy was suspended due to Buyer’s notification to Seller under 18 CFR § 292.304(f)(4).

Emergencies and Exempt Operational Periods. Buyer shall not be obligated to purchase accept electric energy or make payments based on electric energy delivered pursuant to Section 7, Compensation, for any electric energy which Seller may have available at the Plant during any of the following events which in each case shall be deemed to constitute an Uncompensated Curtailment: (i( i ) Emergencies after Buyer has given Seller timely notice of such Emergencies, ; (ii) events of Force Majeure, (iii) Standard Offer V1.5 Exempt Operational Periods, or (iv) distribution system outages that limit Seller’s ability to deliver energy to the Point of Delivery or that limit Buyer’s ability to distribute such energy to customers, (v) scheduled outages of the Plant, or (vi) any other curtailment, except economic curtailment due to Buyer’s offer of the Plant in MISO’s wholesale energy market, ordered by a Reliability Authority. Notwithstanding the above, should Buyer fail to receive verification of its determination of an Exempt Operational Period from the MPSC as described in 18 CFR § 292.304(f)(4), if applicable, then such determination shall be deemed to be a Compensated Curtailment and Buyer shall be obligated to make such payments for all electric energy which Seller had available at the Plant, whether or not delivery of such electric energy was suspended due to Buyer’s notification to Seller under 18 CFR § 292.304(f)(4).

Emergencies and Exempt Operational Periods. Buyer shall not be obligated to purchase electric energy or make payments based on electric energy delivered pursuant to Section 7, Compensation, for any electric energy which Seller may have available at the Plant during any of the following events which in each case shall be deemed to constitute an Uncompensated Curtailment: (i) Emergencies, (ii) events of Force Majeure, (iii) Exempt Operational Periods, (iv) distribution transmission system outages that limit Seller’s ability to deliver energy to the Point of Delivery or that limit Buyer’s ability to distribute such energy to customersDelivery, (v) outages of the Plant, or (vi) any other curtailment, except economic curtailment due to Buyer’s offer of the Plant in MISO’s wholesale energy market, ordered by a Reliability Authority. Notwithstanding the above, should Buyer fail to receive verification of its determination of an Exempt Operational Period from the MPSC as described in 18 CFR § 292.304(f)(4), if applicable, then such determination shall be deemed to be a Compensated Curtailment and Buyer shall be obligated to make such payments for all electric energy which Seller had available at the Plant, whether or not delivery of such electric energy was suspended due to Buyer’s notification to Seller under 18 CFR § 292.304(f)(4).