Facility Temporary Shutdown. During the Term, the Judicial Council shall be entitled to shut down the System in order to perform maintenance, repairs, and renovations to the Facility. The Judicial Council will work in good faith with Contractor to minimize the impact of such shutdowns on Contractor’s operations to the extent practical in the Judicial Council’s sole reasonable judgment. The Parties agree there shall be no impact on Contractor’s operations if any such shutdowns occur during the hours of 8 p.m. to 6 a.m. on any day. All such shutdowns outside of the hours of 8 p.m. to 6 a.m. shall be tracked and reported in the annual report to the Judicial Council in accordance with Section 3.8. In the event of any such shutdown, at the time of the annual System performance evaluation pursuant to Sections 3.8 and 6.1 of this SPPA, the GEP shall be adjusted for the time period the System was shut down and no monetary consideration or payments shall be due from the Judicial Council for the time period in which the system was shut down for maintenance, repair and renovations to the Facility. The Judicial Council will either extend the Term of this SPPA and the SLA for a period equivalent to the time necessary for Contractor to generate and deliver the amount of actual electricity production (in kWh) that was foregone by the Judicial Council during the shutdown period, or consider such other mechanism negotiated by the Parties.
Facility Temporary Shutdown. During the Term, the Judicial Council shall be entitled to shut down the System in order to perform maintenance, repairs, and renovations to the Facility. The Judicial Council will work in good faith with Licensee to minimize the impact of such shutdowns on Licensee’s operations to the extent practical in the Judicial Council’s sole reasonable judgment. The Parties agree there shall be no impact on Licensee’s operations if any such shutdowns occur during the hours of 8 p.m. to 6 a.m. on any day. All such shutdowns outside of the hours of 8 p.m. to 6 a.m. shall be tracked and reported in the annual report to the Judicial Council in accordance with 16.1. 27
