Forecasting Penalty Clause Samples

Forecasting Penalty. If the MAEm for a particular month “m” is greater than 15% or if the average Forecast error for all hours of the month is greater then three MW, then an “MAE Failure” will be deemed to have occurred. An MAE Failure will be waived if Seller demonstrates to Buyer’s reasonable satisfaction that the MAE Failure was the result of unexpected changes in either electrical or steam demand associated with the Site Host Load. If such MAE Failure has been waived, then that month does not count as a month in which there was an MAE Failure. For each month in which an MAE Failure has occurred, Seller shall pay a fee equal to the applicable Monthly Scheduling Fee in addition to any otherwise applicable Monthly Scheduling Fee. During each month an MAE Failure occurs, subject to the limitations of the following paragraph, Seller will continue to receive Monthly Capacity Payments for the Firm Contract Capacity based on the Firm Capacity Price and capacity payment calculations for firm capacity as set forth in Section 3 of Exhibit D. If, however, an MAE Failure occurs three times in any rolling 12-month period, then starting on the first day of the calendar month immediately following the third such occurrence (such month, the “First Penalty Month”):
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Forecasting Penalty. If the MAEm for a particular month “m” is greater than 15% or if the average Forecast error for all hours of the month is greater than three MW, then an “MAE Failure” will be deemed to have occurred. An MAE Failure will be waived if Seller demonstrates to Buyer’s reasonable satisfaction that the MAE Failure was the result of unexpected changes in either electrical or steam demand associated with the Site Host Load. If such MAE Failure has been waived, then that month does not count as a month in which there was an MAE Failure. For each month in which an MAE Failure has occurred, Seller shall pay a fee equal to the amount set forth in the following table. Less than 10,000 $2,500 10,000 – 100,000 $5,000 Greater than 100,000 $7,500 During each month an MAE Failure occurs, subject to the limitations of the following paragraph, Seller will continue to receive ▇▇▇ Period Capacity Payments for the Firm Contract Capacity based on the Firm Capacity Price and capacity payment calculations for firm capacity as set forth in Section 3 of Exhibit D. If, however, an MAE Failure occurs three times in any rolling 12-month period, then starting on the first day of the calendar month immediately following the third such occurrence (such month, the “First Penalty Month”): The quantity of Firm Contract Capacity specified in Section 1.02(d) will be deemed to be zero (“Penalized Firm Contract Capacity”); and The quantity of As-Available Contract Capacity specified in Section 1.02(d) will be deemed increased by the quantity of Firm Contract Capacity as such quantity existed before the First Penalty Month (“Penalized As-Available Contract Capacity”). The Penalized Firm Contract Capacity and Penalized As-Available Contract Capacity quantities shall continue to be in effect during every subsequent calendar month until there are two consecutive calendar months without an MAE Failure (including a month in which an MAE Failure has been waived). Upon such event, starting on the first day of the calendar month immediately following the second consecutive month during which Buyer does not have an MAE Failure, the Penalized Firm Contract Capacity and Penalized As-Available Contract Capacity quantities shall revert to the Firm Contract Capacity and As-Available Contract Capacity quantities existing before the First Penalty Month. Buyer shall pay all CAISO Charges and receive all CAISO Revenues; provided, however, if at any time after the Term Start Date: 1. The CAISO implements or has imple...
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Related to Forecasting Penalty

  • Forecasting Manager and Sprint PCS will work cooperatively to generate mutually acceptable forecasts of important business metrics including traffic volumes, handset sales, subscribers and Collected Revenues for the Sprint PCS Products and Services. The forecasts are for planning purposes only and do not constitute Manager's obligation to meet the quantities forecast.

  • Work Hour Penalty Eight hours of labor constitute a legal day's work, and forty hours constitute a legal week's work. Pursuant to Section 1813 of the Labor Code of the State of California, the Contractor shall forfeit to the County Twenty Five Dollars ($25) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than the legal day's or week's work, except that work performed by employees of said Contractor and subcontractors in excess of the legal limit shall be permitted without the foregoing penalty upon the payment of compensation to the workers for all hours worked in excess of eight hours per day of not less than 1-1/2 times the basic rate of pay.

  • Forecasting Requirements 19.5.1 The Parties shall exchange technical descriptions and forecasts of their Interconnection and traffic requirements in sufficient detail necessary to establish the Interconnections necessary for traffic completion to and from all Customers in their respective designated service areas.

  • TRUNK FORECASTING 57.1. CLEC shall provide forecasts for traffic utilization over trunk groups. Orders for trunks that exceed forecasted quantities for forecasted locations will be accommodated as facilities and/or equipment are available. Sprint shall make all reasonable efforts and cooperate in good faith to develop alternative solutions to accommodate orders when facilities are not available. Company forecast information must be provided by CLEC to Sprint twice a year. The initial trunk forecast meeting should take place soon after the first implementation meeting. A forecast should be provided at or prior to the first implementation meeting. The semi-annual forecasts shall project trunk gain/loss on a monthly basis for the forecast period, and shall include: 57.1.1. Semi-annual forecasted trunk quantities (which include baseline data that reflect actual Tandem and end office Local Interconnection and meet point trunks and Tandem-subtending Local Interconnection end office equivalent trunk requirements) for no more than two years (current plus one year); 57.1.2. The use of Common Language Location Identifier (CLLI-MSG), which are described in Telcordia documents BR ▇▇▇-▇▇▇-▇▇▇ and BR ▇▇▇-▇▇▇-▇▇▇; 57.1.3. Description of major network projects that affect the other Party will be provided in the semi-annual forecasts. Major network projects include but are not limited to trunking or network rearrangements, shifts in anticipated traffic patterns, or other activities by CLEC that are reflected by a significant increase or decrease in trunking demand for the following forecasting period. 57.1.4. Parties shall meet to review and reconcile the forecasts if forecasts vary significantly.

  • Commercial Operation Date Testing and Modifications Prior to the Commercial Operation Date, the Connecting Transmission Owner shall test the Connecting Transmission Owner’s Attachment Facilities (including required control technologies and protection systems) and System Upgrade Facilities and System Deliverability Upgrades and Developer shall test the Large Generating Facility and the Developer’s Attachment Facilities to ensure their safe and reliable operation. Similar testing may be required after initial operation. Developer and Connecting Transmission Owner shall each make any modifications to its facilities that are found to be necessary as a result of such testing. Developer shall bear the cost of all such testing and modifications. Developer shall generate test energy at the Large Generating Facility only if it has arranged for the injection of such test energy in accordance with NYISO procedures.