Hourly Shaping of Energy Deliveries Sample Clauses

Hourly Shaping of Energy Deliveries. (A) The Delivering Party shall make reasonable efforts to deliver energy pursuant to Sections 4(a), 4(b), 5(a), or 5(b) at a uniform hourly rate within each day, and the Receiving Party shall make reasonable efforts to accept such energy at such hourly rates. (B) If, after making reasonable efforts, deliveries are made at less than the uniform hourly rate during Heavy Load Hours because the Delivering Party is unable to make deliveries at such rate and the Receiving Party has determined that it can accept deliveries at the hourly rates determined by the Delivering Party, then the Receiving Party may, but shall not be obligated to, record the megawatthour amounts by which the deliveries during Heavy Load Hours are less than the uniform hourly rate for such day in an account maintained for this purpose (Delivering Party’s Uniform Delivery Deficit Account). To the extent of any existing balances in the original Delivering Party’s Uniform Delivery Deficit Account, the original Receiving Party may, notwithstanding the reasonable efforts obligation set forth above, elect on any day during which it will be delivering energy to the original Delivering Party pursuant to Sections 4(a), 4(b), 5(a), or 5(b) to deliver such energy to the original Delivering Party at hourly rates which are less during the Heavy Load Hours and greater during other hours of the day than the uniform hourly rate for such day. The extent to which such deliveries are less than the uniform hourly amount during Heavy Load Hours shall be accounted for as reductions in the balance in the original Delivering Party’s Subject to the priority in Section 10(b), the Party responsible for the operation of any reservoir shall have the right to determine which requests can be met between requests under this Agreement and other conflicting third party requests for the operation of such reservoir, including the ability of reservoir discharges to be decreased to discharge minimums or increased to discharge maximums. (C) The Parties may, from time to time, agree to reduce or eliminate the balance in a Uniform Delivery Deficit Account for other consideration. (D) If the Receiving Party cannot use energy delivered pursuant to Section 4(b) or 5(b) at a uniform rare, it may request hourly deliveries in an hourly shape other than uniform and the Delivering Party shall make reasonable efforts to meet such request. Both Parties may agree to non-uniform energy deliveries which are not recorded in the Uniform Delivery...