Common use of Facility Temporary Shutdown Clause in Contracts

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 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 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 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 section 3.8. In the event of any such shutdown, at the time of the annual System performance evaluation pursuant to Sections sections 3.8 and 6.1 6 of this SPPA, the GEP shall be adjusted for the time period the System was shut down and no down. No monetary consideration or payments shall be due from the Judicial Council for the time a shutdown of less than 48 hours in an annual 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. For a shutdown lasting more than 48 hours in an annual period, Contractor will be entitled to payments calculated using the applicable $/kWh rate and calculation undersigned by a licensed professional engineer (PE). The Contractor must maintain a log of Judicial Council shutdowns. Claims for payment with the relevant backup information must be submitted together with the Contractor’s monthly invoice to the Judicial Council no later than two calendar months after the occurrence of the event.

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 section 3.8. 32 In the event of any such shutdown, at the time of the annual System performance evaluation pursuant to Sections sections 3.8 and 6.1 6 of this SPPA, the GEP shall be adjusted for the time period the System was shut down and no down. No monetary consideration or payments shall be due from the Judicial Council for the time a shutdown of less than 48 hours in an annual 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.. For a shutdown lasting more than 48 hours in an annual period, Contractor will be entitled to payments calculated using the applicable $/kWh rate and calculation undersigned by a licensed professional engineer (PE). The Contractor must maintain a log of Judicial Council shutdowns. Claims for payment with the relevant backup information must be submitted together with the Contractor’s monthly invoice to the Judicial Council no later than two calendar months after the occurrence of the event. 32