Facility Performance. As of the Effective Date and the Closing Date, to Seller’s Knowledge: (a) the Facility is capable of producing 305 megawatts of net electrical output at full load, and at full load, the Facility’s heat rate is 11,300 Btu/kWh. Seller has provided documentation satisfactory to Purchaser which evidences such net electrical output capacity and heat rate.
Facility Performance. If any significant deficiency in performance of the Facility occurs, including, but not limited to, a failure to meet any warranty under the Project Agreements, or if such a deficiency is projected, then Operator shall notify Owner of such deficiency or projected deficiency and shall state Operator's opinion as to the cause of such deficiency or projected deficiency and prepare a report in detail, as required, together with a plan to remedy the problem. Upon Owner's request, Operator shall make available such of its Personnel as reasonably necessary to review and assess the cause of such deficiency with Owner and Contractor and/or any of their agents.
Facility Performance. Seller is not aware of any circumstances which could reasonably be expected to prevent the Portfolio or, with respect to any ESA Warranty or Efficiency Warranty, any Facility therein, as of such date from complying with the Warranty Specifications and the ESA Warranties for the Warranty Period applicable thereto.
Facility Performance. 60 7.10 Year 2000 Status...................................................................................... 60 7.11
Facility Performance. The test of Facility performance described -------------------- in the next sentence shall have verified that the requirements set forth therein have been satisfied. Within thirty (30) days prior to the Closing, Purchaser and ComEd shall jointly conduct a test at each Facility in accordance with the procedures set forth in Schedule 7.9 (Facility Performance Tests) to verify that ------------ the Net Dependable Capacity of each unit at each Site, the Regulating Performance Value (RPV) for such unit (other than any peaking unit) and the minimum operating level for each such unit satisfy the applicable requirements of Appendix B of the Power Purchase Agreements (and, in the case of peaking units, Appendix A of the Power Purchase Agreement (Peaking Units)); provided, -------- however, that if a Site is in an Outage during such thirty (30)-day period, then ------- this condition shall be deemed satisfied with respect to the units at such Site if Purchaser has observed such units operating at the levels required by this Section 7.9 (Facility Performance) within ninety (90) days prior to the Closing; ----------- and provided, further, that if any unit at a Site cannot satisfy the RPV -------- ------- requirement set forth in this Section 7.9 (Facility Performance), such RPV ----------- requirement shall nevertheless be deemed satisfied with respect to such unit to the extent ComEd adjusts the RPV requirement in Appendix B of the Power Purchase Agreement to reflect the RPV actually demonstrated; and provided, further, that -------- ------- the failure of one or more peaking units to meet the Net Dependable Capacity and/or minimum operating level for such unit or units shall not be deemed a failure to satisfy this Section 7.9 (Facility Performance) unless such failures ----------- in the aggregate constitute a Material Adverse Effect.
Facility Performance. Net Output Recognizing that the availability of the Energy Source may vary and,
(a) consequently, the resulting Net Output may vary, the Facility shall be
(i) that the Facility was designed and constructed to maintain an average yearly Net Output equal to the Energy Bid; (ii) that the design and construction of the Facility was based upon adequate meteorological studies specific to the Site which were compiled and interpreted in accordance with Good Utility Practice, and (iii) that the deficient Net Output was attributable to recorded anomalies in the availability of ... “If the Net Output of the Facility during any rolling five (5) year period is
(b) less than ninety (90%) of the 500% (excluding from such determination
(1) an amount equal to the Short fall Energy, plus (ii) an amount equal to under Section 4.0), the right of the BLPC to recover such liquidated respect of such and any incremental cost of replacement Energy; in respect of any breach by the RE Supplier of such obligations. (c) meteorological studies specific to the Site which were compiled and interpreted in accordance with Good Utility Practice, and (iii) that the yearly Net Output not less than the Energy Bid. With respect to Sections 5.3(b) and 5.3(c), the records of the BLPC shall, in the absence of manifest error, be conclusive for the purposes of
Facility Performance. Purchaser shall give reasonable notice to Seller if Xxxxxxxxx believes that the Facility Availability is going to be less than seventy-five (75%) for any consecutive twenty-four (24) month period. Within fifteen (15) days of receipt of such notice, Seller shall calculate the projected Facility Availability for the entire twenty-four (24) month period using the availability percentage of that portion of the 24 month period that has already occurred, and if such calculated Facility Availability is less than seventy-five percent (75%), the Parties shall meet as soon as reasonably practicable to discuss in good faith mitigation strategies to achieve the original intent of this REPA to receive approximately 146,000 MWh per year, assuming projected wind flows. Mitigation strategies may include (a) mutually agreed upon termination of this REPA, (b) replacement energy at a mutually agreed upon price, or (c) other strategies mutually agreed upon.
Facility Performance. 32 3.25 Disclosure ............................................. 32
Facility Performance. Net Output
(a) Recognizing that the availability of the Energy Source may vary and, consequently, the resulting Net Output may vary, the Facility shall be designed and constructed so as to generate and deliver, throughout the Term, an average yearly Net Output not less than the Energy Bid and the RE Supplier shall use all reasonable commercial efforts to operate, maintain and rehabilitate the Facility in a manner which meets such Energy requirement.
(b) If the Net Output of the Facility during any rolling five (5) year period is less than ninety (90%) of the 500% (excluding from such determination any deficiency in the Net Output due to an Extraneous Event or Force Majeure) then the RE Supplier may be liable to the BLPC, in the form of liquidated damages resulting from such deficiency (“Shortfall Energy for
(1) an amount equal to the Short fall Energy, plus (ii) an amount equal to the Shortfall Energy times the difference between Annual Average Marginal Cost Rate for that Contract Year and the Energy Rate (if the Annual Average Marginal Cost Rate for that Contract Year is greater than the Energy Rate). Such liquidated damages shall be payable by the RE Supplier upon the demand of the BLPC, which demand shall include a calculation of such liquidated damages. Other than any right of the BLPC to terminate the PPA (and without prejudice to the rights of the BLPC under Section 4.0), the right of the BLPC to recover such liquidated damages (including accrued interest thereon), either by drawing upon the Performance Security or seeking recourse against the RE Supplier for payment thereof, shall be the sole and exclusive remedy of the BLPC in respect of such and any incremental cost of replacement Energy; provided that, for certainty, any recovery of such liquidated damages shall not be construed as: (A) relieving the RE Supplier of its other obligations under the PPA or (B) affecting any other rights and remedies of the BLPC in respect of any breach by the RE Supplier of such obligations.
(c) If the Net Output during any period of 24 months is less than ninety percent (90%) of twice the Energy Bid (if the Facility has a capacity factor equal to or greater than fifty percent (50%) as set out in the Project Description), having excluded from such determination any deficiency in Net Output due to an Extraneous Event, then, upon the request of the BLPC, the RE Supplier shall be required to demonstrate to the satisfaction of the BLPC (acting reasonably) within 60 days...
Facility Performance. If any significant deficiency in performance of the Facility or Ash Landfill occurs, including, but not limited to, a failure to meet any warranty or obligation under the RDF Facility Agreements, or if such a deficiency is projected, Operator shall notify Owner of the deficiency or projected deficiency and shall state Operator's opinion as to the cause of the deficiency or projected deficiency and prepare a report in detail, as required, together with a plan to remedy the problem. Upon Owner's request, Operator shall make available those of its personnel necessary to review and assess the cause of the deficiency or projected deficiency with Owner.
