Firm Energy. (1) Subject to the terms and conditions of the Definitive Agreement, MH shall sell and deliver to SaskPower and SaskPower shall purchase and take delivery from MH Firm Energy in each Contract Year during the Contract Term Scheduled in accordance with Section 4.2.
(2) [TRADE SECRET DATA EXCISED]
(3) If MH does not sell and deliver to SaskPower any Schedules of Firm Energy and such failure is not excused under the Definitive Agreement and is not excused by SaskPower’s failure to perform or such failure is the result of circumstances provided for in section 4.7 “Seller’s Failure Provisions” then such failure shall constitute an MH failure to perform or observe its material obligations as set forth in section (1)(b) “MH Events of Default” of Schedule 1 to this Term Sheet.
(4) Subject to the terms and conditions of the Definitive Agreement the Firm Energy purchased and sold for each Contract Year during the Contract Term shall be in the following quantities: Contract Year Firm Energy in MWh calculated on the basis of the Capacity Factor November 1, 2015 – May 31, 2016 85,200 June 1, 2016 - May 31, 2017 146,000 June 1, 2017 - May 31, 2018 146,000 June1, 2018 - May 31, 2019 146,000 June1, 2019 - May 31, 2020 146,400 June1, 2020 - May 31, 2021 146,000 June1, 2021 - May 31, 2022 146,000
(5) MH, in its sole discretion, shall have the right but not the obligation, to source and supply Firm Energy from third party purchases and/or Markets available to MH.
(6) Firm Energy is subject to provisions with respect to curtailment and Adverse Water Conditions outlined in this Term Sheet.
Firm Energy. Energy obligated from Xxxxxx Powerplant in accordance with section 2 of the Xxxxxx Power Allocation Act of 2011 and the Conformed Criteria.
Firm Energy. Energy obligated from Xxxxxx Powerplant pursuant to Sections 105 (a) (1) (A), 105 (a) (1) (B), and 105 (a) (2), as established by the Xxxxxx Power Allocation Act of 2011 and the Conformed Criteria.
Firm Energy. MH shall during the Contract Term, offer and make available the Firm Energy to the Delivery Point and MP shall accept delivery of and pay for the Firm Energy or alternatively, pay for the Firm Energy if not taken. The Parties acknowledge that the quantity of Firm Energy sold by MH and purchased by MP is impacted by the provisions of Section 3.2. The Parties further acknowledge MH would not be required to make available to MP, and MP would not be required to accept delivery of and pay for, or pay for if not taken, that quantity of Firm Energy that was curtailed, restricted or reduced pursuant to and in accordance with the provisions of Sections 3.4, 3.7 or 3.8 or if the additional Force Majeure provisions of Article XIII apply.
Firm Energy. SHP/ DSA/AHP energy shall be billed monthly. The number of kilowatt-hours (kWh) billed shall be the energy entitlement listed in the Attachment to Exhibit A. Minimal differences between scheduled amounts and the amounts listed on the Attachment to Exhibit A due to rounding of schedules to whole MW are expected. No billing adjustments for these variances will occur, and the SHP/ DSA/AHP energy shall be billed at the amount(s) shown on the Attachment to Exhibit A.
8.2.1 If Contractor under schedules its SHP/DSA/AHP energy, Contractor will be billed for the quantity of energy actually scheduled according to applicable rates.
8.2.2 If Contractor overschedules its SHP/ DSA/AHP energy, beyond minimal adjustments for rounding, Contractor will be billed for the overscheduled amount at the average energy purchase price for that month as determined by the EMMO plus the WRP Administrative Charge.
Firm Energy. Energy under contract from Xxxxxx Powerplant, pursuant to Section 105(a)(1)(A) or Section 105(a)(1)(B), or both, of the Xxxxxx Power Plant Act.
Firm Energy. The Hourly Energy Quantity will be firm energy, and either Party will be relieved of its obligations to Schedule, deliver or receive, as applicable, the Hourly Energy Quantity without liability only as provided in Section 12.2(b) or in the event that, and for the period during which, such performance is prevented by Force Majeure, as provided in this Agreement. In the absence of Force Majeure or unless permitted by Section 12.2(b), the Party to which performance is owed will be entitled to receive from the Party that failed to deliver or receive an amount determined pursuant to Section 11.1 or Section 11.2 of this Agreement.
