Forecasting Penalties. The Forecasting Penalty shall be equal to the greater of (A) one hundred fifty percent (150%) of the Contract Price or (B) the absolute value of the Real-Time Price, in each case for each MWh of Energy Deviation outside the Performance Tolerance Band, or any portion thereof, in every hour for which Seller fails to meet the requirements in Section 4.6(c)(i). Settlement of Forecasting Penalties shall occur as set forth in Section 6.1 of this Agreement.
Forecasting Penalties. (i) Subject to Force Majeure, in the event Seller does not in a given hour either (A) provide the access and information required in Section 3.1(l)(i); (B) comply with the installation, maintenance and repair requirements of Section 3.1(l)(iv); or (C) provide the forecast of Available Capacity required in Section 3.4[(b)][(c)](iii), and the sum of Energy Deviations for each of the Settlement Intervals in the given hour exceeded the Performance Tolerance Band defined below, then Seller will be responsible for Forecasting Penalties as set forth below.
(ii) The Performance Tolerance Band is five percent (5%) multiplied by Contract Capacity multiplied by one (1) hour.
Forecasting Penalties. Subject to Force Majeure, in the event Seller does not in a given hour either (A) provide the access and information required in Section 3.1(l)(i); (B) comply with the installation, maintenance and repair requirements of Section 3.1(l)(iv); or (C) provide the forecast of Available Capacity required in Section 3.4[(b)][(c)](iii), and the sum of Energy Deviations for each of the Settlement Intervals in the given hour exceeded the Performance Tolerance Band defined below, then Seller will be responsible for Forecasting Penalties as set forth below.
Forecasting Penalties. Subject to a Force Majeure Event, in the event Seller does not in a given hour provide the forecast required in Section 4.3(d) and Buyer incurs a loss or penalty resulting from its scheduling activities with respect to Facility Energy during such hour, Seller shall be responsible for a Forecasting Penalty for each such hour. Settlement of Forecasting Penalties shall occur as set forth in Article 8 of this Agreement.
Forecasting Penalties. Subject to Force Majeure, in the event Seller does not in a given hour either (A) provide the access and information required in Section 3.1(l)(i); (B) comply with the installation, maintenance and repair requirements of Section 3.1(l)(iv); or (C) provide the forecast of Available Capacity required in Section 3.4(c)(iii), and the sum of Energy Deviations for each of the six Settlement Intervals in the given hour exceeded the Performance Tolerance Band defined below, then Seller will be responsible for Forecasting Penalties as set forth below. The Performance Tolerance Band is five percent (5%) multiplied by Contract Capacity multiplied by one (1) hour.
Forecasting Penalties. Subject to a Force Majeure Event, in the event Seller does not in a given hour provide the forecast required in Section 4.3(d) and Buyer incurs a loss or penalty resulting from its scheduling activities with respect to Facility Energy during such hour, Seller shall be responsible for a Forecasting Penalty for each such hour. Settlement of Forecasting Penalties shall occur as set forth in Article 8 of this Agreement. CAISO Tariff Requirements. Seller shall comply with all applicable CAISO Tariff procedures, protocols, rules and testing as necessary for Buyer to submit Bids for Facility Energy produced by the Facility. In addition, Seller will comply with all applicable obligations for Variable Energy Resources under the CAISO Tariff and the Eligible Intermittent Resource Protocol, including providing appropriate operational data and meteorological data, and will fully cooperate with Buyer, Buyer’s SC, and CAISO, in providing all data, information, and authorizations required thereunder.
Forecasting Penalties. 10.5.1. In the event that the electrical power generated by the Facility and metered by the CEB Meter at the Point of Delivery is not within the Forecast Tolerance of the Revised Forecast, Seller shall be liable for penalties calculated in accordance with Clause 10.5.3.
10.5.2. The following data shall be used for the assessment of forecasting penalties:
(a) average power at 30 (thirty) minutes interval as recorded by the metering procedures set forth under Article 12; and
(b) Revised Forecast submitted by Seller in accordance with Clause 10.4.3.
10.5.3. The penalty for forecasting error shall be determined as follows: PA = 0.15 x STt x FEH x PErr where: PA = applicable penalty for each event of forecasting error; STt = Standard Tariff as calculated according to Schedule I; FEH = duration of each event of Forecasting Error in Hours; and PErr = difference between the metered power output of the Facility in accordance with Article 12 and the Forecast Tolerance expressed in kW as a positive number. For the avoidance of doubt and by way of example only, Forecasting Penalties shall be calculated as per the examples set forth under Schedule L of this Agreement. The monthly applicable penalty for forecasting error, if any, shall be set off against monthly energy payments pursuant to Clause 13.3.
10.5.4. In the event that Seller does not submit the Revised Forecast, the One Day Ahead Production Forecast shall be used for the calculation of penalties in accordance with this Clause 10.5.
10.5.5. In the event that Seller does neither submit the Revised Forecast nor the One Day Ahead Production Forecast, the One Week Ahead Production Forecast shall be used for the calculation of penalties in accordance with this Clause 10.5. For avoidance of doubt, the Revised Forecast for the purpose of calculating the Forecasting Penalty shall be 0MW in the event no forecast is submitted by Seller.
Forecasting Penalties. In the event Seller does not in a given hour either: (a) provide the access and information required in Appendix E, Section 1; (b) comply with the installation, maintenance and repair requirements of Appendix E, Section 4; or (c) provide the forecast of Available Capacity required in Appendix D, Section 3, and the sum of Energy Deviations for each of the six Settlement Intervals in the given hour exceeded the Performance Tolerance Band defined below, then Seller will be responsible for Forecasting Penalties as set forth below. The Performance Tolerance Band is five percent (5%) multiplied by Contract Capacity multiplied by one (1) hour (“Performance Tolerance Band”). The Forecasting Penalty shall be equal to one hundred fifty percent (150%) of the Contract Price for each MWh of Energy Deviation outside the Performance Tolerance Band, or any portion thereof, in every hour for which Seller fails to meet the requirements in Section 2.9.3 (“Forecasting Penalty”).
Forecasting Penalties. (i) In the event Seller fails to (A) provide the access and information required in Section 3.1(l)(i); (B) comply with the installation, maintenance and repair requirements of Section 3.1(l)(iv); or (C) provide the forecast of Available Capacity as required in Section 3.4(c)(iii), then Buyer shall promptly provide Notice to Seller of such failure. If such failure is with respect to subclause
(A) above, then Seller shall have five (5) Business Days from receipt of Notice (plus an additional five (5) Business Days if Seller provides alternative meteorological information that, in Buyer’s reasonable determination, is reasonably responsive to the meteorological information requirements in Section 3.1(l)(i)) to correct the failure. If such failure is with respect to subclause (B), then Seller shall have the period of time specified in Section 3.1(l)(iv) to correct the failure. If such failure is with respect to subclause (C), the Seller shall have one (1) Business Day from receipt of Notice to correct the failure. If Seller does not correct the failure within the allotted time from receipt of Notice, then Seller shall be responsible for Forecasting Penalties as set forth in Section 4.5(c)(iii) until the failure is corrected. For the avoidance of doubt, Buyer agrees that the Kettleman Hills meteorological station is in an acceptable location to provide information reasonably responsive to the meteorological information requirements in Section 3.1(l)(i). Buyer shall use commercially reasonable efforts to minimize Seller’s penalties by accurately forecasting the output of the Project based upon information previously provided to Buyer by Seller and from other sources readily available to Buyer.
(ii) The Performance Tolerance Band is three percent (3%) multiplied by Contract Capacity multiplied by one (1) hour.
Forecasting Penalties. In the event Seller does not in a given hour either (A) provide the access and information required in Section 3.1(l)(i); (B) comply with the installation, maintenance and repair requirements of Section 3.1(l)(iv); or (C) provide the forecast of Available Capacity required in Section 3.4[(b)(c)](iii), and the sum of Energy Deviations for each of the six Settlement Intervals in the given hour exceeded the Performance Tolerance Band defined below, then Seller will be responsible for Forecasting Penalties as set forth below.
