Liabilities for Breach of Contract. 15.1 Either Party’s violation of the provisions of this Agreement shall be deemed as a breach of contract, and the other Party shall be entitled to require the breaching Party to assume the liabilities for breach of contract. 15.2 Party A, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party B in the manner provided in Clause 15.3 hereof: (1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party B. (2) Violation of the provisions of Clause 4.9, which has resulted in the incapability of the Power Plant to generate power on schedule or normally or caused direct economic losses to Party B. (3) Violation of the provisions of Clauses 5.3 and 5.4, which has resulted in the incapability of the Power Plant to generate power on schedule or caused direct economic losses to Party B. (4) Violation of the provisions of Clause 6.2, which has resulted in the incapability of the Power Plant to generate power on schedule or caused direct economic losses to Party B. (5) Violation of the Dispatching Code for Electric Power System, which has caused direct economic losses to Party B. (6) Requiring the Power Plant (units) by the Power Dispatching Agency to conduct peak regulation, frequency modulation or voltage regulation beyond its operation capacity or the provisions of this Agreement, which has caused direct economic losses to Party B. (7) Setting or commanding error of the primary and secondary equipments of the power grid due to Party A’s Reason, which has caused direct economic losses to Party B. (8) Occurrence of the events provided in Clause 9.4.3 hereof due to the responsibilities attributable to Party A, causing direct economic losses to Party B. (9) Due to the inappropriate treatment by Party A, the implementation of provisions of Clause 13.3.1 has caused direct economic losses to Party B. (10) Malfunctions of the relay protection and automatic safety devices, dispatching automation system and dispatching communication system caused by Party A’s Reason, which has caused direct economic losses to Party B. (11) Other improper performance of Party A which has caused direct economic losses to Party B. 15.3 For each time of breach of contract, Party A shall assume the liabilities for breach of contract in the following manners: (1) Party A shall pay to Party B the liquidated damages in the lump sum of RMB50,000 [27]. (2) In case of any direct economic loss of Party B which cannot be fully compensated by the lump-sum liquidated damages provided in Item (1) above, the direct expenses of Party B for repairing equipments and restoring normal operations shall be compensated. (3) In case of any loss of the electricity output of Party B, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties. 15.4 Party B, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party A in the manner provided in Clause 15.5: (1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party A. (2) Failure to complete the preparations for grid connection according to the provisions of Chapter IV hereof, which has caused direct economic losses to Party A. (3) Violation of the provisions of Clauses 5.2 and 5.4, which has caused direct economic losses to Party A. (4) Violation of the provisions of Clauses 6.1 and 7.1.1. (5) Abnormity or malfunction of the primary and secondary equipments of the Power Plant related to the grid operation due to Party B’s Reason, which has caused direct economic losses to Party A. (6) Failure to participate in the peak regulation, frequency modulation and voltage regulation or reserve of the electric power system pursuant to provisions of Clause 7.4. (7) Alteration of the maintenance duration due to Party B’s Reason, which has caused direct economic losses to Party A. (8) Failure to report to the Power Dispatching Agency the real conditions of the equipments of the Power Plant (such as generators, turbines, boilers and electric equipments) and relevant facilities. (9) Failure of the relay protection and automatic safety devices of the Power Plant to meet the standards specified in Clause 10.4, or malfunctions or incorrect running of relay protection and automatic safety devices of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A. (10) Failure of the power dispatching automation system of the Power Plant to meet the standards specified in Clause 11.4, or malfunctions of the power dispatching automation system of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A. (11) Failure of the dispatching communication system of the Power Plant to meet the standards specified in Clause 12.6, or malfunctions of the dispatching communication system of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A. 15.5 For each time of breach of contract, Party B shall assume the liabilities for breach of contract in the following manners: (1) Paying to Party A the liquidated damages in the lump sum of RMB50,000. (2) In case of any direct economic loss of Party A which cannot be fully compensated by the lump-sum liquidated damages provided in Item (1) above, the direct expenses of Party A for repairing equipments and restoring normal operations shall be compensated. (3) In case of any loss of the electricity output of Party A, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties. 15.6 In case of any of the following serious breach of contract of Party B, Party A may take enforcement measures to the extent of disconnecting the Power Plant (units), and Party B shall not be entitled to claim for compensations from Party A for any loss caused by such disconnection. (1) The Power Plant arbitrarily starts up for grid connection or shut down for disconnection without being approved by the Power Dispatching Agency. (2) In case of Emergencies, the Power Plant violates the provisions of Clauses 6.1 and 7.1.1. (3) In case of Emergencies, the Power Plant fails to report to the Power Dispatching Agency the real conditions of the equipments of the Power Plant (such as generators, turbines, boilers and electric equipments) and relevant facilities. 15.7 Unless otherwise provided in this Agreement, in case of any breach of contract, the non-defaulting Party shall immediately notify the defaulting Party to stop breaching the contract, and shall furnish a written notice as quickly as possible to the breaching Party, demanding it to correct the breach of contract and assume the liabilities therefrom pursuant to the provisions of this Agreement. 15.8 The breaching Party shall immediately take measures to correct as well as confirm its breach of contract, and assume the liabilities therefrom pursuant to the provisions of this Agreement. (1) The lump-sum liquidated damages shall be paid within fifteen (15) days after the breach of contract has been confirmed. (2) The portion of direct economic losses exceeding the lump-sum liquidated damages shall be paid within thirty (30) days after the confirmation of the losses. (3) In case of breach of contract concerning the electricity output, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties. 15.9 In the event that either Party explicitly expresses or indicates by its own actions that it will not perform its obligations hereunder prior to the expiration of the performance time limit specified herein, the other Party may require it to assume the liabilities for breach of contract.
Appears in 2 contracts
Samples: Grid Connection and Dispatching Agreement (China Hydroelectric Corp), Grid Connection and Dispatching Agreement (China Hydroelectric Corp)
Liabilities for Breach of Contract. 15.1 Either Party’s violation of the provisions of this Agreement shall be deemed as a breach of contract, and the other Party shall be entitled to require the breaching Party to assume the liabilities for breach of contract.
15.2 Party A, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party B in the manner provided in Clause 15.3 hereof:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party B.
(2) Violation of the provisions of Clause 4.9, which has resulted in the incapability of the Power Plant to generate power on schedule or normally or caused direct economic losses to Party B.
(3) Violation of the provisions of Clauses 5.3 and 5.4, which has resulted in the incapability of the Power Plant to generate power on schedule or caused direct economic losses to Party B.
(4) Violation of the provisions of Clause 6.2, which has resulted in the incapability of the Power Plant to generate power on schedule or caused direct economic losses to Party B.
(5) Violation of the Dispatching Code for Electric Power System, which has caused direct economic losses to Party B.
(6) Requiring the Power Plant (units) by the Power Dispatching Agency to conduct peak regulation, frequency modulation or voltage regulation beyond its operation capacity or the provisions of this Agreement, which has caused direct economic losses to Party B.
(7) Setting or commanding error of the primary and secondary equipments of the power grid due to Party A’s Reason, which has caused direct economic losses to Party B.
(8) Occurrence of the events provided in Clause 9.4.3 hereof due to the responsibilities attributable to Party A, causing direct economic losses to Party B.
(9) Due to the inappropriate treatment by Party A, the implementation of provisions of Clause 13.3.1 has caused direct economic losses to Party B.
(10) Malfunctions of the relay protection and automatic safety devices, dispatching automation system and dispatching communication system caused by Party A’s Reason, which has caused direct economic losses to Party B.
(11) Other improper performance of Party A which has caused direct economic losses to Party B.
15.3 For each time of breach of contract, Party A shall assume the liabilities for breach of contract in the following manners:
(1) Party A shall pay Pay to Party B the liquidated damages in the lump sum of RMB50,000 [27].
(2) In case of any direct economic loss of Party B which cannot be fully compensated by the lump-sum liquidated damages provided in Item (1) above, the direct expenses of Party B for repairing equipments and restoring normal operations shall be compensated.
(3) In case of any loss of the electricity output of Party B, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties.
15.4 Party B, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party A in the manner provided in Clause 15.5:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party A.
(2) Failure to complete the preparations for grid connection according to the provisions of Chapter IV hereof, which has caused direct economic losses to Party A.
(3) Violation of the provisions of Clauses 5.2 and 5.4, which has caused direct economic losses to Party A.
(4) Violation of the provisions of Clauses 6.1 and 7.1.1.
(5) Abnormity or malfunction of the primary and secondary equipments of the Power Plant related to the grid operation due to Party B’s Reason, which has caused direct economic losses to Party A.
(6) Failure to participate in the peak regulation, frequency modulation and voltage regulation or reserve standby of the electric power system pursuant to provisions of Clause 7.4.
(7) Alteration of the maintenance duration due to Party B’s Reason, which has caused direct economic losses to Party A.
(8) Failure to report to the Power Dispatching Agency the real conditions of the equipments of the Power Plant (such as generators, turbines, boilers and electric equipments) and relevant facilities.
(9) Failure of the relay protection and automatic safety devices of the Power Plant to meet the standards specified in Clause 10.4, or malfunctions or incorrect running of relay protection and automatic safety devices of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
(10) Failure of the power dispatching automation system of the Power Plant to meet the standards specified in Clause 11.4, or malfunctions of the power dispatching automation system of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidentsaccidents , and has caused direct economic losses to Party A.
(11) Failure of the dispatching communication system of the Power Plant to meet the standards specified in Clause 12.6, or malfunctions of the dispatching communication system of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
15.5 For each time of breach of contract, Party B shall assume the liabilities for breach of contract in the following manners:
(1) Paying to Party A the liquidated damages in the lump sum of RMB50,000.
(2) In case of any direct economic loss of Party A which cannot be fully compensated by the lump-sum liquidated damages provided in Item (1) above, the direct expenses of Party A for repairing equipments and restoring normal operations shall be compensated.
(3) In case of any loss of the electricity output of Party A, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties.
15.6 In case of any of the following serious breach of contract of Party B, Party A may take enforcement measures to the extent of disconnecting the Power Plant (units), and Party B shall not be entitled to claim for compensations from Party A for any loss caused by such disconnection.:
(1) The Power Plant arbitrarily starts up for grid connection or shut shuts down for disconnection without being approved by the Power Dispatching Agency.
(2) In case of Emergencies, the Power Plant violates the provisions of Clauses 6.1 and 7.1.1.
(3) In case of Emergencies, the Power Plant fails to report to the Power Dispatching Agency the real conditions of the equipments of the Power Plant (such as generators, turbines, boilers and electric equipments) and relevant facilities.
15.7 Unless otherwise provided in this Agreement, in case of any breach of contract, the non-defaulting Party shall immediately notify the defaulting Party to stop breaching the contract, and shall furnish a written notice as quickly as possible to the breaching Party, demanding it to correct the breach of contract and assume the liabilities therefrom pursuant to the provisions of this Agreement.
15.8 The breaching Party shall immediately take measures to correct as well as confirm its breach of contract, and assume the liabilities therefrom pursuant to the provisions of this Agreement.
(1) The lump-sum liquidated damages shall be paid within fifteen (15) 15 days after the confirmation of the breach of contract has been confirmedcontract.
(2) The portion of direct economic losses exceeding the lump-sum liquidated damages shall be paid within thirty (30) 30 days after the confirmation of the losses.
(3) In case of breach of contract concerning the electricity output, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties.
15.9 In the event that either Party explicitly expresses or indicates by its own actions that it will not perform its obligations hereunder prior to the expiration of the performance time limit specified herein, the other Party may require it to assume the liabilities for breach of contract.
Appears in 1 contract
Samples: Grid Connection and Dispatching Agreement (China Hydroelectric Corp)
Liabilities for Breach of Contract. 15.1 16.1 Either Party’s violation of the provisions of this Agreement shall be deemed as a breach of contract, and the other Party shall be entitled to require the breaching Party to assume the liabilities for breach of contract.
15.2 16.2 Party A, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party B in the manner provided in Clause 15.3 Article 16.3 hereof:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party B.
(2) Violation of the provisions of Clause 4.9Article 4.10, which has resulted in the incapability of the Power Plant to generate power on schedule schedule, to generate power as normal or normally or which has caused direct economic losses to Party B.
(3) Violation of the provisions of Clauses Articles 5.3 and 5.4, which has resulted in the incapability of the Power Plant to generate power on schedule or which has caused direct economic losses to Party B.
(4) Violation of the provisions of Clause Article 6.2, which has resulted in the incapability of the Power Plant to generate power on schedule or which has caused direct economic losses to Party B.
(5) Violation of the Dispatching Code for Electric Power System, which has caused direct economic losses to Party B.
(6) Requiring Party A requires the Power Plant (units) by the Power Dispatching Agency to conduct peak regulation, frequency modulation or voltage regulation beyond its operation capacity or the provisions of this AgreementAgreement (excluding for handling accidents), which has caused direct economic losses to Party B.
(7) Setting or commanding error of the primary and secondary equipments of the power grid due to Party A’s Reason, which has caused direct economic losses to Party B.
(8) Occurrence Any failure of the events provided in Clause 9.4.3 hereof due to the responsibilities attributable to Party Adelay protection, causing direct economic losses to Party B.
(9) Due to the inappropriate treatment by Party A, the implementation of provisions of Clause 13.3.1 has caused direct economic losses to Party B.
(10) Malfunctions of the relay protection and automatic safety devicesautomation facility, dispatching automation system and dispatching communication system caused by due to Party A’s Reasonreason, which has caused direct economic losses loss to Party B.
(11) Other improper performance of Party A which has caused direct economic losses to Party B.
15.3 16.3 For each time of breach of contractContract, Party A shall assume undertake the liabilities for breach of contract in by the following mannersways:
(1) Party A shall pay Paying to Party B the liquidated damages electricity output of 10,000 kwh in the a lump sum of RMB50,000 [27]as a compensation for its breach.
(2) In case of any direct economic loss losses of Party B which cannot be fully compensated by the lump-electric power output paid in a lump sum liquidated damages provided in Item (1) above, the electric power output corresponding to the direct expenses of Party B for repairing equipments and restoring normal operations shall be compensatedcomplemented by Party A (calculated by the on-grid tariff of the Power Plant).
(3) In case of any loss of the causing electricity output of losses to Party B, the Parties shall resort to the relevant provisions of provided in the Power Purchase and Sale Contract entered into by both Parties shall be resorted to for the Partiestreatment.
15.4 16.4 Party B, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party A in by the manner method provided in Clause 15.5Article 16.5:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party A.
(2) Failure to complete the preparations for grid connection according to preparation works in accordance with the provisions of Chapter IV hereof, which has caused direct economic losses to Party A.
(3) Violation of the provisions of Clauses Articles 5.2 and 5.4, which has caused direct economic losses to Party A.
(4) Violation of the provisions of Clauses Articles 6.1 and 7.1.1.
(5) Abnormity or malfunction of the primary and secondary equipments of the Power Plant related to the grid operation due to Party B’s Reason, which has caused direct economic losses to Party A.A or any third party.
(6) Failure to participate in the peak regulation, frequency modulation and modulation, voltage regulation or reserve and backup of the electric power system pursuant to in accordance with the provisions of Clause Article 7.4.
(7) Alteration Violation of the maintenance duration relevant regulations concerning the overhaul management provided in the Grid Dispatching Code.
(8) The variation of the overhaul period due to Party B’s Reason, which has caused direct economic losses to Party A.
(8) 9) Failure to honestly report to the Power Dispatching Agency the real conditions actual condition of the equipments (such as the power generator, steam turbine, boiler and electric equipments) of the Power Plant (such as generators, turbines, boilers and electric equipments) and relevant facilities.
(910) Failure Violation of the regulations concerning the dispatching operation management provided by the Grid Dispatching Code, which threatens the safe and stable operation of the power grid.
(11) The failure of the relay protection and automatic safety devices of the Power Plant to meet reach the standards specified agreed standard provided in Clause 10.4Article 11.9, or malfunctions the malfunction or incorrect running of the relay protection and automatic safety devices of the Power Plant caused by due to Party B’s Reason, which has resulted in caused an accident or the amplification of accidents or expansion of accidents, and has caused direct economic losses to Party A.
(1012) Failure The failure of the electric power dispatching automation automatic system of the Power Plant to meet attain the agreed standards specified provided in Clause 11.4Article 12.8, or malfunctions the malfunction of the electric power dispatching automation automatic system of the Power Plant caused by due to Party B’s Reason, which has resulted in caused an accident or the amplification of accidents or expansion of accidents, and has caused direct economic losses to Party A.
(1113) Failure The failure of the dispatching communication system of the Power Plant to meet attain the standards specified provided in Clause 12.6Article 13.13, or malfunctions the malfunction of the dispatching communication system of the Power Plant caused by due to Party B’s Reason, which has resulted in caused an accident or the amplification of accidents or expansion of accidents, and has caused direct economic losses to Party A.
15.5 (14) Violation of the provisions of Articles 9.4.1.
(15) Violation of the provisions concerning the reservoir dispatching provided in Article 10.4.
(16) Failure of the unit annual availability rate to reach the agreed amount prescribed in Article 9.7.
16.5 Party B shall assume the liabilities for breach of contract by the following ways:
16.5.1 For each time of breach of contractbreaching, Party B shall assume the liabilities for breach of contract in by the following mannersways:
(1) Paying to Party A the liquidated damages electricity output of 10,000 kwh in the a lump sum of RMB50,000as a compensation for its breach.
(2) In case of any direct economic loss losses of Party A which cannot be fully compensated by the lump-electric power output paid in a lump sum liquidated damages provided in Item (1) abovehereof, the electricity output corresponding to the direct expenses of Party A for repairing equipments and restoring normal operations shall be compensatedcomplemented by Party A (calculated by the on-grid tariff of the Power Plant); in case of causing economic losses to the third party, Party A shall compensate.
(3) In case of any loss of the causing electricity output of losses to Party A, the Parties shall resort to the relevant provisions of stipulated in the Power Purchase and Sale Contract entered into by the Partiesboth Parties shall be resorted to.
15.6 16.6 In case of any of the following serious breach of contract of committed by Party B, Party A may take enforcement measures to the extent of disconnecting the Power Plant (units), ) and Party B shall not be entitled to claim for compensations from Party A for any loss caused by such disconnectionDisconnection.
(1) The Power Plant arbitrarily starts up for grid connection or shut down for disconnection Disconnection without being approved by the Power Dispatching Agency.
(2) In case of Emergencies, the Power Plant violates the provisions of Clauses Articles 6.1 and Article 7.1.1.
(3) In case of Emergencies, the Power Plant fails to report to the Power Dispatching Agency the real conditions of the equipments of the Power Plant (such as generatorspower generator, turbinessteam turbine, boilers and electric equipments) and relevant facilities.
15.7 16.7 Unless otherwise provided in this Agreement, in case of any breach of contract, the non-defaulting Party shall immediately notify the defaulting Party to stop breaching the contract, and shall furnish a written notice as quickly as possible to the breaching Party, demanding it to correct the breach of contract and assume the liabilities arising therefrom pursuant to the provisions of this Agreement.
15.8 16.8 The breaching Party shall immediately take measures to correct as well as confirm its breach of contract, and confirm its breach of contract and assume the liabilities arising therefrom pursuant to the provisions of this Agreement.
(1) The lump-sum liquidated damages electricity output for breaching the contract shall be paid within fifteen (15) days together with the monthly electricity output settlement after the breach of contract has been confirmed.
(2) The electric power volume corresponding to the portion of direct economic losses exceeding the lump-sum liquidated damages shall be paid within thirty (30) days together with the monthly electricity output settlement after the confirmation of the losses.
(3) In case of breach of contract concerning the electricity outputoutput breach, the Parties shall resort to the provisions of relevant agreements provided in the Power Purchase and Sale Contract entered into by the Partiesboth Parties shall be resorted to.
15.9 16.9 In the event that either Party explicitly expresses or indicates by its own actions that it will not perform its obligations hereunder prior to the expiration of the performance time limit period specified herein, the other Party may require request it to assume the liabilities for breach of contract.
16.10 In the event that Party B violates relevant regulations promulgated by the Provincial Dispatching, the Provincial Dispatching may punish and fine power output according to provisions provided by Appraisal Rules on Operation and Management of Uniformly Dispatched Power Plants of Fujian Power Grid (Trial Version) issued by Fujian Province Economic and Trade Commission (Min Xxxx Xxx Xxxx Xx [2004] No 14), and the Power Dispatching Agency will not repeat the appraisal.
16.11 Upon this Agreement coming into effect, the agreement of both Parties shall prevail. As for the matters not covered in this Agreement, the Appraisal Rules on Operation and Management of Uniformly Dispatched Power Plants of Sanming Power Grid shall be implemented in respect of the appraisal of management and operation of the power plants.
Appears in 1 contract
Samples: Grid Connection and Dispatching Agreement (China Hydroelectric Corp)
Liabilities for Breach of Contract. 15.1 16.1 Either Party’s violation of the provisions of this Agreement shall be deemed as a breach of contract, and the other Party shall be entitled to require the breaching Party to assume the liabilities for breach of contract.
15.2 16.2 Party A, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party B in the manner provided in Clause 15.3 Article 16.3 hereof:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party B.
(2) Violation of the provisions of Clause Article 4.9, which has resulted in the incapability of the Power Plant to generate power on schedule schedule, to generate power as normal or normally or which has caused direct economic losses to Party B.
(3) Violation of the provisions of Clauses Articles 5.3 and 5.4, which has resulted in the incapability of the Power Plant to generate power on schedule or which has caused direct economic losses to Party B.
(4) Violation of the provisions of Clause Article 6.2, which has resulted in the incapability of the Power Plant to generate power on schedule or which has caused direct economic losses to Party B.
(5) Violation of the Dispatching Code for Electric Power System, which has caused direct economic losses to Party B.
(6) Requiring Party A requires the Power Plant (units) by the Power Dispatching Agency to conduct peak regulation, frequency modulation or voltage regulation beyond its operation capacity or the provisions of this AgreementAgreement (excluding for handling accidents), which has caused direct economic losses to Party B.
(7) Setting or commanding error of the primary and secondary equipments of the power grid due to Party A’s Reason, which has caused direct economic losses to Party B.
(8) Occurrence of the events provided in Clause 9.4.3 hereof due to the responsibilities attributable to Party A, causing direct economic losses to Party B.
(9) Due to the inappropriate treatment by Party A, the implementation of provisions of Clause 13.3.1 has caused direct economic losses to Party B.
(10) Malfunctions of the relay protection and automatic safety devices, dispatching automation system and dispatching communication system caused by Party A’s Reason, which has caused direct economic losses to Party B.
(11) Other improper performance of Party A which has caused direct economic losses to Party B.
15.3 16.3 For each time of breach of contractContract, Party A shall assume undertake the liabilities for breach of contract in by the following mannersways:
(1) Party A shall pay Paying to Party B the liquidated damages electricity output of 50,000 kwh in the a lump sum of RMB50,000 [27]as a compensation for its breach.
(2) In case of any direct economic loss losses of Party B which cannot be fully compensated by the lump-electric power output paid in a lump sum liquidated damages provided in Item (1) above, the electric power output corresponding to the direct expenses of Party B for repairing equipments and restoring normal operations shall be compensatedcomplemented by Party A (calculated by the on-grid tariff of the Power Plant).
(3) In case of any loss of the causing electricity output of losses to Party B, the Parties shall resort to the relevant provisions of provided in the Power Purchase and Sale Contract entered into by the Partiesboth Parties shall be resorted to.
15.4 16.4 Party B, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party A in by the manner method provided in Clause 15.516.5:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party A.
(2) Failure to complete the preparations for grid connection according to preparation works in accordance with the provisions of Chapter IV hereof, which has caused direct economic losses to Party A.
(3) Violation of the provisions of Clauses Articles 5.2 and 5.4, which has caused direct economic losses to Party A.
(4) Violation of the provisions of Clauses Articles 6.1 and 7.1.1.
(5) Abnormity or malfunction of the primary and secondary equipments of the Power Plant related to the grid operation due to Party B’s Reason, which has caused direct economic losses to Party A.A or any third party.
(6) Failure to participate in the peak regulation, frequency modulation and modulation, voltage regulation or reserve and backup of the electric power system pursuant to in accordance with the provisions of Clause Article 7.4.
(7) Alteration Violation of the maintenance duration relevant regulations concerning the overhaul management provided in the Grid Dispatching Code.
(8) The variation of the overhaul period due to Party B’s Reason, which has caused direct economic losses to Party A.
(8) 9) Failure to honestly report to the Power Dispatching Agency dispatching center the real conditions actual condition of the equipments of the Power Plant (such as generators, turbines, boilers and electric equipments) and relevant facilities.
(9) Failure of the relay protection and automatic safety devices of the Power Plant to meet the standards specified in Clause 10.4, or malfunctions or incorrect running of relay protection and automatic safety devices of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
(10) Failure of the power dispatching automation system of the Power Plant to meet the standards specified in Clause 11.4generator, or malfunctions of the power dispatching automation system of the Power Plant caused by Party B’s Reasonsteam turbine, which has resulted in accidents or expansion of accidents, boiler and has caused direct economic losses to Party A.
(11) Failure of the dispatching communication system of the Power Plant to meet the standards specified in Clause 12.6, or malfunctions of the dispatching communication system of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
15.5 For each time of breach of contract, Party B shall assume the liabilities for breach of contract in the following manners:
(1) Paying to Party A the liquidated damages in the lump sum of RMB50,000.
(2) In case of any direct economic loss of Party A which cannot be fully compensated by the lump-sum liquidated damages provided in Item (1) above, the direct expenses of Party A for repairing equipments and restoring normal operations shall be compensated.
(3) In case of any loss of the electricity output of Party A, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties.
15.6 In case of any of the following serious breach of contract of Party B, Party A may take enforcement measures to the extent of disconnecting the Power Plant (units), and Party B shall not be entitled to claim for compensations from Party A for any loss caused by such disconnection.
(1) The Power Plant arbitrarily starts up for grid connection or shut down for disconnection without being approved by the Power Dispatching Agency.
(2) In case of Emergencies, the Power Plant violates the provisions of Clauses 6.1 and 7.1.1.
(3) In case of Emergencies, the Power Plant fails to report to the Power Dispatching Agency the real conditions of the equipments of the Power Plant (such as generators, turbines, boilers and electric equipments) and relevant facilities.
15.7 Unless otherwise provided in this Agreement, in case of any breach of contract, the non-defaulting Party shall immediately notify the defaulting Party to stop breaching the contract, and shall furnish a written notice as quickly as possible to the breaching Party, demanding it to correct the breach of contract and assume the liabilities therefrom pursuant to the provisions of this Agreement.
15.8 The breaching Party shall immediately take measures to correct as well as confirm its breach of contract, and assume the liabilities therefrom pursuant to the provisions of this Agreement.
(1) The lump-sum liquidated damages shall be paid within fifteen (15) days after the breach of contract has been confirmed.
(2) The portion of direct economic losses exceeding the lump-sum liquidated damages shall be paid within thirty (30) days after the confirmation of the losses.
(3) In case of breach of contract concerning the electricity output, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties.
15.9 In the event that either Party explicitly expresses or indicates by its own actions that it will not perform its obligations hereunder prior to the expiration of the performance time limit specified herein, the other Party may require it to assume the liabilities for breach of contract.electric
Appears in 1 contract
Samples: Grid Connection and Dispatching Agreement (China Hydroelectric Corp)
Liabilities for Breach of Contract. 15.1 Either Party’s violation of the provisions of this Agreement shall be deemed as a breach of contract, and the other Party shall be entitled to require the breaching Party to assume the liabilities for breach of contract.
15.2 Party A, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party B in the manner provided in Clause 15.3 hereof:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party B.
(2) Violation of the provisions of Clause 4.9, which has resulted in the incapability of the Power Plant to generate power on schedule or normally or caused direct economic losses to Party B.
(3) Violation of the provisions of Clauses 5.3 and 5.4, which has resulted in the incapability of the Power Plant to generate power on schedule or caused direct economic losses to Party B.
(4) Violation of the provisions of Clause 6.2, which has resulted in the incapability of the Power Plant to generate power on schedule or caused direct economic losses to Party B.
(5) Violation of the Dispatching Code for Electric Power System, which has caused direct economic losses to Party B.
(6) Requiring the Power Plant (units) by the Power Dispatching Agency to conduct peak regulation, frequency modulation or voltage regulation beyond its operation capacity or the provisions of this Agreement, which has caused direct economic losses to Party B.
(7) Setting or commanding error of the primary and secondary equipments of the power grid due to Party A’s Reason, which has caused direct economic losses to Party B.
(8) Occurrence of the events provided in Clause 9.4.3 hereof due to the responsibilities attributable to Party A, causing direct economic losses to Party B.
(9) Due to the inappropriate treatment by Party A, the implementation of provisions of Clause 13.3.1 has caused direct economic losses to Party B.
(10) Malfunctions of the relay protection and automatic safety devices, dispatching automation system and dispatching communication system caused by Party A’s Reason, which has caused direct economic losses to Party B.
(11) Other improper performance of Party A which has caused direct economic losses to Party B.
15.3 For each time of breach of contract, Party A shall assume the liabilities for breach of contract in the following manners:
(1) Party A shall pay to Party B the liquidated damages in the lump sum of RMB50,000 [27].
(2) In case of any direct economic loss of Party B which cannot be fully compensated by the lump-sum liquidated damages provided in Item (1) above, the direct expenses of Party B for repairing equipments and restoring normal operations shall be compensated.
(3) In case of any loss of the electricity output of Party B, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties.
15.4 Party B, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party A in the manner provided in Clause 15.5:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party A.
(2) Failure to complete the preparations for grid connection according to the provisions of Chapter IV hereof, which has caused direct economic losses to Party A.
(3) Violation of the provisions of Clauses 5.2 and 5.4, which has caused direct economic losses to Party A.
(4) Violation of the provisions of Clauses 6.1 and 7.1.1.
(5) Abnormity or malfunction of the primary and secondary equipments of the Power Plant related to the grid operation due to Party B’s Reason, which has caused direct economic losses to Party A.
(6) Failure to participate in the peak regulation, frequency modulation and voltage regulation or reserve of the electric power system pursuant to provisions of Clause 7.4.
(7) Alteration of the maintenance duration due to Party B’s Reason, which has caused direct economic losses to Party A.
(8) Failure to report to the Power Dispatching Agency the real conditions of the equipments of the Power Plant (such as generators, turbines, boilers and electric equipments) and relevant facilities.
(9) Failure of the relay protection and automatic safety devices of the Power Plant to meet the standards specified in Clause 10.4, or malfunctions or incorrect running of relay protection and automatic safety devices of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
(10) Failure of the power dispatching automation system of the Power Plant to meet the standards specified in Clause 11.4, or malfunctions of the power dispatching automation system of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
(11) Failure of the dispatching communication system of the Power Plant to meet the standards specified in Clause 12.6, or malfunctions of the dispatching communication system of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
15.5 For each time of breach of contract, Party B shall assume the liabilities for breach of contract in the following manners:
(1) Paying to Party A the liquidated damages in the lump sum of RMB50,000.
(2) In case of any direct economic loss of Party A which cannot be fully compensated by the lump-sum liquidated damages provided in Item (1) above, the direct expenses of Party A for repairing equipments and restoring normal operations shall be compensated.
(3) In case of any loss of the electricity output of Party A, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties.
15.6 In case of any of the following serious breach of contract of Party B, Party A may take enforcement measures to the extent of disconnecting the Power Plant (units), and Party B shall not be entitled to claim for compensations from Party A for any loss caused by such disconnection.
(1) The Power Plant arbitrarily starts up for grid connection or shut down for disconnection without being approved by the Power Dispatching Agency.
(2) In case of Emergencies, the Power Plant violates the provisions of Clauses 6.1 and 7.1.1.
(3) In case of Emergencies, the Power Plant fails to report to the Power Dispatching Agency the real conditions of the equipments of the Power Plant (such as generators, turbines, boilers and electric equipments) and relevant facilities.
15.7 Unless otherwise provided in this Agreement, in case of any breach of contract, the non-defaulting Party shall immediately notify the defaulting Party to stop breaching the contract, and shall furnish a written notice as quickly as possible to the breaching Party, demanding it to correct the breach of contract and assume the liabilities therefrom pursuant to the provisions of this Agreement.
15.8 The breaching Party shall immediately take measures to correct as well as confirm its breach of contract, and assume the liabilities therefrom pursuant to the provisions of this Agreement.
(1) The lump-sum liquidated damages shall be paid within fifteen (15) 15 days after the breach of contract has been confirmed.
(2) The portion of direct economic losses exceeding the lump-sum liquidated damages shall be paid within thirty (30) 30 days after the confirmation of the losses.
(3) In case of breach of contract concerning the electricity output, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties.
15.9 In the event that either Party explicitly expresses or indicates by its own actions that it will not perform its obligations hereunder prior to the expiration of the performance time limit specified herein, the other Party may require it to assume the liabilities for breach of contract.
Appears in 1 contract
Samples: Grid Connection and Dispatching Agreement (China Hydroelectric Corp)
Liabilities for Breach of Contract. 15.1 16.1 Either Party’s violation of the provisions of this Agreement shall be deemed as a breach of contract, and the other Party shall be entitled to require the breaching Party to assume the liabilities for breach of contract.
15.2 16.2 Party A, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party B in the manner provided in Clause 15.3 Article 16.3 hereof:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party B.
(2) Violation of the provisions of Clause Article 4.9, which has resulted in the incapability of the Power Plant to generate power on schedule schedule, to generate power as normal or normally or which has caused direct economic losses to Party B.
(3) Violation of the provisions of Clauses Articles 5.3 and 5.4, which has resulted in the incapability of the Power Plant to generate power on schedule or which has caused direct economic losses to Party B.
(4) Violation of the provisions of Clause Article 6.2, which has resulted in the incapability of the Power Plant to generate power on schedule or which has caused direct economic losses to Party B.
(5) Violation of the Dispatching Code for Electric Power System, which has caused direct economic losses to Party B.
(6) Requiring Party A requires the Power Plant (units) by the Power Dispatching Agency to conduct peak regulation, frequency modulation or voltage regulation beyond its operation capacity or the provisions of this AgreementAgreement (excluding for handling accidents), which has caused direct economic losses to Party B.
(7) Setting or commanding error of the primary and secondary equipments of the power grid due to Party A’s Reason, which has caused direct economic losses to Party B.
(8) Occurrence of the events provided in Clause 9.4.3 hereof due to the responsibilities attributable to Party A, causing direct economic losses to Party B.
(9) Due to the inappropriate treatment by Party A, the implementation of provisions of Clause 13.3.1 has caused direct economic losses to Party B.
(10) Malfunctions of the relay protection and automatic safety devices, dispatching automation system and dispatching communication system caused by Party A’s Reason, which has caused direct economic losses to Party B.
(11) Other improper performance of Party A which has caused direct economic losses to Party B.
15.3 16.3 For each time of breach of contractContract, Party A shall assume undertake the liabilities for breach of contract in by the following mannersways:
(1) Party A shall pay Paying to Party B the liquidated damages electricity output of 50,000 kwh in the a lump sum of RMB50,000 [27]as a compensation for its breach.
(2) In case of any direct economic loss losses of Party B which cannot be fully compensated by the lump-electric power output paid in a lump sum liquidated damages provided in Item (1) above, the electric power output corresponding to the direct expenses of Party B for repairing equipments and restoring normal operations shall be compensatedcomplemented by Party A (calculated by the on-grid tariff of the Power Plant).
(3) In case of any loss of the causing electricity output of losses to Party B, the Parties shall resort to the relevant provisions of provided in the Power Purchase and Sale Contract entered into by both Parties shall be resorted to for the Partiestreatment.
15.4 16.4 Party B, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party A in by the manner method provided in Clause 15.516.5:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party A.
(2) Failure to complete the preparations for grid connection according to preparation works in accordance with the provisions of Chapter IV hereof, which has caused direct economic losses to Party A.
(3) Violation of the provisions of Clauses Articles 5.2 and 5.4, which has caused direct economic losses to Party A.
(4) Violation of the provisions of Clauses Articles 6.1 and 7.1.1.
(5) Abnormity or malfunction of the primary and secondary equipments of the Power Plant related to the grid operation due to Party B’s Reason, which has caused direct economic losses to Party A.A or any third party.
(6) Failure to participate in the peak regulation, frequency modulation and modulation, voltage regulation or reserve and backup of the electric power system pursuant to in accordance with the provisions of Clause Article 7.4.
(7) Alteration Violation of the maintenance duration relevant regulations concerning the overhaul management provided in the Grid Dispatching Code.
(8) The variation of the overhaul period due to Party B’s Reason, which has caused direct economic losses to Party A.
(8) 9) Failure to honestly report to the Power Dispatching Agency dispatching center the real conditions actual condition of the equipments of the Power Plant (such as generators, turbines, boilers and electric equipments) and relevant facilities.
(9) Failure of the relay protection and automatic safety devices of the Power Plant to meet the standards specified in Clause 10.4, or malfunctions or incorrect running of relay protection and automatic safety devices of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
(10) Failure of the power dispatching automation system of the Power Plant to meet the standards specified in Clause 11.4generator, or malfunctions of the power dispatching automation system of the Power Plant caused by Party B’s Reasonsteam turbine, which has resulted in accidents or expansion of accidents, boiler and has caused direct economic losses to Party A.
(11) Failure of the dispatching communication system of the Power Plant to meet the standards specified in Clause 12.6, or malfunctions of the dispatching communication system of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
15.5 For each time of breach of contract, Party B shall assume the liabilities for breach of contract in the following manners:
(1) Paying to Party A the liquidated damages in the lump sum of RMB50,000.
(2) In case of any direct economic loss of Party A which cannot be fully compensated by the lump-sum liquidated damages provided in Item (1) above, the direct expenses of Party A for repairing equipments and restoring normal operations shall be compensated.
(3) In case of any loss of the electricity output of Party A, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties.
15.6 In case of any of the following serious breach of contract of Party B, Party A may take enforcement measures to the extent of disconnecting the Power Plant (units), and Party B shall not be entitled to claim for compensations from Party A for any loss caused by such disconnection.
(1) The Power Plant arbitrarily starts up for grid connection or shut down for disconnection without being approved by the Power Dispatching Agency.
(2) In case of Emergencies, the Power Plant violates the provisions of Clauses 6.1 and 7.1.1.
(3) In case of Emergencies, the Power Plant fails to report to the Power Dispatching Agency the real conditions of the equipments of the Power Plant (such as generators, turbines, boilers and electric equipments) and relevant facilities.
15.7 Unless otherwise provided in this Agreement, in case of any breach of contract, the non-defaulting Party shall immediately notify the defaulting Party to stop breaching the contract, and shall furnish a written notice as quickly as possible to the breaching Party, demanding it to correct the breach of contract and assume the liabilities therefrom pursuant to the provisions of this Agreement.
15.8 The breaching Party shall immediately take measures to correct as well as confirm its breach of contract, and assume the liabilities therefrom pursuant to the provisions of this Agreement.
(1) The lump-sum liquidated damages shall be paid within fifteen (15) days after the breach of contract has been confirmed.
(2) The portion of direct economic losses exceeding the lump-sum liquidated damages shall be paid within thirty (30) days after the confirmation of the losses.
(3) In case of breach of contract concerning the electricity output, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties.
15.9 In the event that either Party explicitly expresses or indicates by its own actions that it will not perform its obligations hereunder prior to the expiration of the performance time limit specified herein, the other Party may require it to assume the liabilities for breach of contract.electric
Appears in 1 contract
Samples: Grid Connection and Dispatching Agreement (China Hydroelectric Corp)
Liabilities for Breach of Contract. 15.1 Either Party’s violation of the provisions of this Agreement shall be deemed as a breach of contract, and the other Party shall be entitled to require the breaching Party to assume the liabilities for breach of contract.
15.2 Party A, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party B in the manner provided in Clause 15.3 Article 16.3 hereof:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses Direct Economic Losses to Party B.
(2) Violation of the provisions of Clause 4.9Article 4.10, which has resulted in the incapability of the Power Plant to generate power on schedule or normally or caused direct economic losses to Party B.schedule.
(3) Violation of the provisions of Clauses 5.3 and 5.4Dispatching Code, which has resulted in the incapability of the Power Plant to generate power on schedule or caused direct economic losses Direct Economic Losses to Party B.
(4) Violation of the provisions of Clause 6.2, which has resulted in the incapability of the Power Plant to generate power on schedule or caused direct economic losses to Party B.
(5) Violation of the Dispatching Code for Electric Power System, which has caused direct economic losses to Party B.
(6) Requiring A requires the Power Plant (units) by the Power Dispatching Agency to conduct peak regulation, frequency modulation or voltage regulation beyond its operation capacity or the provisions of this AgreementAgreement (excluding for handling accidents), which has caused direct economic losses Direct Economic Losses to Party B.
(75) Setting or commanding error of the primary and secondary equipments of the power grid due to Party A’s Reason, which has caused direct economic losses Direct Economic Losses to Party B.
(8) Occurrence of the events provided in Clause 9.4.3 hereof due to the responsibilities attributable to Party A, causing direct economic losses to Party B.
(96) Due to the inappropriate treatment by Party A, the implementation of provisions of Clause 13.3.1 13.4.1 has caused direct economic losses Direct Economic Losses to Party B.
(107) Malfunctions of the relay protection and automatic safety devices, dispatching automation system and dispatching communication system caused by Party A’s Reason, which has caused direct economic losses to Party B.
(11) Other improper performance of Party A which has caused direct economic losses Direct Economic Losses to Party B.
15.3 For each time of breach of contract, Party A shall assume the liabilities for breach of contract in by the following mannersmethods:
(1) Party A shall pay Paying the electric power output of 100,000 kwh in a lump to Party B the liquidated damages in the lump sum as compensation for its breach of RMB50,000 [27]contract.
(2) In case of any direct economic loss Direct Economic Losses of Party B which cannot be fully compensated by the lump-sum liquidated damages provided in Item (1) above, the direct expenses of Party B for repairing equipments and restoring normal operations shall be compensated.
complemented (3) In case of any loss of calculated by the electricity output of Party B, the Parties shall resort to the provisions on-grid tariff of the Power Purchase and Sale Contract entered into by the PartiesPlant).
15.4 Party B, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party A in by the manner method provided in Clause Article 15.5:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses Direct Economic Losses to Party A.
(2) Failure to complete the preparations for grid connection according to the provisions of Chapter IV hereof, which has caused direct economic losses to Party A.
(3) Violation of the provisions of Clauses 5.2 Article 6.1.1 and 5.4, which has caused direct economic losses to Party A.
(4) Violation 6.9; violation of the provisions of Clauses 6.1 Article 7.7; violation of the provisions of Articles 10.2, 10.6 and 7.1.1Items 3 and 4 of Article 10.7; violation of the provisions of Article 11.2; violation of the provisions of Article 12.8; and violation of the provisions of Article 13.3.
(53) Abnormity or malfunction of the primary and secondary equipments of the Power Plant related to the grid operation due to Party B’s Reason, which has caused direct economic losses Direct Economic Losses to Party A.
(64) Failure to participate in the peak regulation, frequency modulation and voltage regulation or reserve of the electric power system pursuant to provisions of Clause 7.4.
(7) Alteration of the maintenance duration due to Party B’s Reason, which has caused direct economic losses to Party A.
(8) Failure to report to the Power Dispatching Agency the real conditions of the equipments of the Power Plant (such as generators, turbines, boilers and electric equipments) and relevant facilities.
(9) Failure of the relay protection and automatic safety devices of the Power Plant to meet the standards specified in Clause 10.4, or malfunctions or incorrect running of relay protection and automatic safety devices of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
(10) Failure of the power dispatching automation system of the Power Plant to meet the standards specified in Clause 11.4, or The malfunctions of the power dispatching automation system of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses Direct Economic Losses to Party A.A
(115) Failure of the The dispatching communication system of the Power Plant fails to meet the standards specified in Clause 12.6Article 12.3, or suffers from malfunctions of the dispatching communication system of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses Direct Economic Losses to Party A.
15.5 For each time 15.5.1 In case of any breach of contractcontract prescribed in Article 15,4, Party B shall assume the liabilities for breach of contract in by the following mannersways:
(1) Paying the electric power output of 100,000 kwh in a lump to Party A the liquidated damages in the lump sum as compensation for its breach of RMB50,000contract.
(2) In case of any direct economic loss Direct Economic Losses of Party A which cannot be fully compensated by the lump-sum liquidated damages provided in Item (1) above, the direct expenses of Party A for repairing equipments and restoring normal operations shall be compensatedcomplemented.
15.5.2 In case of the breach of contract prescribed in Article 6.8, the electricity volume for breach of contract shall be calculated by the following ways:
(31) In case of any loss sudden tripping of the electricity output of Party Apower generation units, the Parties shall resort to the provisions deducted electricity volume for each tripping (P)= The Outage Hours for power generation units X The rated capacity of the Power Purchase and Sale Contract entered into by the Parties.
15.6 In case of any of the following serious breach of contract of Party B, Party A may take enforcement measures to the extent of disconnecting the Power Plant (units), and Party B shall not be entitled to claim for compensations from Party A for any loss caused by such disconnection.
(1) The Power Plant arbitrarily starts up for grid connection or shut down for disconnection without being approved by the Power Dispatching Agencyunits X 0.5.
(2) In case of EmergenciesForced Outage of power generator units, the Power Plant violates deducted on-grid electricity volume for each time (P)= The Outage Hours for power generator units X The rated capacity of the provisions of Clauses 6.1 and 7.1.1units X 0.4.
(3) In case the standby units fail to be started on schedule, for each time of Emergenciesfailure of startup, the Power Plant fails to report to the Power Dispatching Agency the real conditions deducted actual on-grid power generation volume (P)= The delayed time for startup X 50% of the equipments rated capacity of the Power Plant (such as generators, turbines, boilers and electric equipments) and relevant facilitiesunits X 0.4.
15.7 Unless otherwise provided in this Agreement, in case of any breach of contract, the non-defaulting Party shall immediately notify the defaulting Party to stop breaching the contract, and shall furnish a written notice as quickly as possible to the breaching Party, demanding it to correct the breach of contract and assume the liabilities therefrom pursuant to the provisions of this Agreement.
15.8 The breaching Party shall immediately take measures to correct as well as confirm its breach of contract, and assume the liabilities therefrom pursuant to the provisions of this Agreement.
(1) The lump-sum liquidated damages shall be paid within fifteen (15) days after the breach of contract has been confirmed.
(2) The portion of direct economic losses exceeding the lump-sum liquidated damages shall be paid within thirty (30) days after the confirmation of the losses.
(3) In case of breach of contract concerning the electricity output, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties.
15.9 In the event that either Party explicitly expresses or indicates by its own actions that it will not perform its obligations hereunder prior to the expiration of the performance time limit specified herein, the other Party may require it to assume the liabilities for breach of contract.
Appears in 1 contract
Samples: Grid Connection and Dispatching Agreement (China Hydroelectric Corp)
Liabilities for Breach of Contract. 15.1 Either Party’s violation of the provisions of this Agreement shall be deemed as a breach of contract, and the other Party shall be entitled to require the breaching Party to assume the liabilities for breach of contract.
15.2 Party A, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party B in the manner provided in Clause 15.3 hereof:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party B.
(2) Violation of the provisions of Clause 4.9, which has resulted in the incapability of the Power Plant to generate power on schedule or normally or caused direct economic losses to Party B.
(3) Violation of the provisions of Clauses 5.3 and 5.4, which has resulted in the incapability of the Power Plant to generate power on schedule or caused direct economic losses to Party B.
(4) Violation of the provisions of Clause 6.2, which has resulted in the incapability of the Power Plant to generate power on schedule or caused direct economic losses to Party B.
(5) Violation of the Dispatching Code for Electric Power System, which has caused direct economic losses to Party B.
(6) Requiring the Power Plant (units) by the Power Dispatching Agency to conduct peak regulation, frequency modulation or voltage regulation beyond its operation capacity or the provisions of this Agreement, which has caused direct economic losses to Party B.
(7) Setting or commanding error of the primary and secondary equipments of the power grid due to Party A’s Reason, which has caused direct economic losses to Party B.
(8) Occurrence of the events provided in Clause 9.4.3 hereof due to the responsibilities attributable to Party A, causing direct economic losses to Party B.
(9) Due to the inappropriate treatment by Party A, the implementation of provisions of Clause 13.3.1 has caused direct economic losses to Party B.
(10) Malfunctions of the relay protection and automatic safety devices, dispatching automation system and dispatching communication system caused by Party A’s Reason, which has caused direct economic losses to Party B.
(11) Other improper performance of Party A which has caused direct economic losses to Party B.
15.3 For each time of breach of contract, Party A shall assume the liabilities for breach of contract in the following manners:
(1) Party A shall pay Pay to Party B the liquidated damages in the lump sum of RMB50,000 [27].
(2) In case of any direct economic loss of Party B which cannot be fully compensated by the lump-sum liquidated damages provided in Item (1) above, the direct expenses of Party B for repairing equipments and restoring normal operations shall be compensated.
(3) In case of any loss of the electricity output of Party B, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties.
15.4 Party B, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party A in the manner provided in Clause 15.5:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party A.
(2) Failure to complete the preparations for grid connection according to the provisions of Chapter IV hereof, which has caused direct economic losses to Party A.
(3) Violation of the provisions of Clauses 5.2 and 5.4, which has caused direct economic losses to Party A.
(4) Violation of the provisions of Clauses 6.1 and 7.1.1.
(5) Abnormity or malfunction of the primary and secondary equipments of the Power Plant related to the grid operation due to Party B’s Reason, which has caused direct economic losses to Party A.
(6) Failure to participate in the peak regulation, frequency modulation and voltage regulation or reserve standby of the electric power system pursuant to provisions of Clause 7.4.
(7) Alteration of the maintenance duration due to Party B’s Reason, which has caused direct economic losses to Party A.
(8) Failure to report to the Power Dispatching Agency the real conditions of the equipments of the Power Plant (such as generators, turbines, boilers and electric equipments) and relevant facilities.
(9) Failure of the relay protection and automatic safety devices of the Power Plant to meet the standards specified in Clause 10.4, or malfunctions or incorrect running of relay protection and automatic safety devices of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
(10) Failure of the power dispatching automation system of the Power Plant to meet the standards specified in Clause 11.4, or malfunctions of the power dispatching automation system of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
(11) Failure of the dispatching communication system of the Power Plant to meet the standards specified in Clause 12.6, or malfunctions of the dispatching communication system of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
15.5 For each time of breach of contract, Party B shall assume the liabilities for breach of contract in the following manners:
(1) Paying to Party A the liquidated damages in the lump sum of RMB50,000.
(2) In case of any direct economic loss of Party A which cannot be fully compensated by the lump-sum liquidated damages provided in Item (1) above, the direct expenses of Party A for repairing equipments and restoring normal operations shall be compensated.
(3) In case of any loss of the electricity output of Party A, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties.
15.6 In case of any of the following serious breach of contract of Party B, Party A may take enforcement measures to the extent of disconnecting the Power Plant (units), and Party B shall not be entitled to claim for compensations from Party A for any loss caused by such disconnection.:
(1) The Power Plant arbitrarily starts up for grid connection or shut shuts down for disconnection without being approved by the Power Dispatching Agency.
(2) In case of Emergencies, the Power Plant violates the provisions of Clauses 6.1 and 7.1.1.
(3) In case of Emergencies, the Power Plant fails to report to the Power Dispatching Agency the real conditions of the equipments of the Power Plant (such as generators, turbines, boilers and electric equipments) and relevant facilities.
15.7 Unless otherwise provided in this Agreement, in case of any breach of contract, the non-defaulting Party shall immediately notify the defaulting Party to stop breaching the contract, and shall furnish a written notice as quickly as possible to the breaching Party, demanding it to correct the breach of contract and assume the liabilities therefrom pursuant to the provisions of this Agreement.
15.8 The breaching Party shall immediately take measures to correct as well as confirm its breach of contract, and assume the liabilities therefrom pursuant to the provisions of this Agreement.
(1) The lump-sum liquidated damages shall be paid within fifteen (15) 15 days after the confirmation of the breach of contract has been confirmedcontract.
(2) The portion of direct economic losses exceeding the lump-sum liquidated damages shall be paid within thirty (30) 30 days after the confirmation of the losses.
(3) In case of breach of contract concerning the electricity output, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties.
15.9 In the event that either Party explicitly expresses or indicates by its own actions that it will not perform its obligations hereunder prior to the expiration of the performance time limit specified herein, the other Party may require it to assume the liabilities for breach of contract.
Appears in 1 contract
Samples: Grid Connection and Dispatching Agreement (China Hydroelectric Corp)
Liabilities for Breach of Contract. 15.1 16.1 Either Party’s violation of the provisions of this Agreement shall be deemed as a breach of contract, and the other Party shall be entitled to require the breaching Party to assume the liabilities for breach of contract.
15.2 16.2 Party A, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party B in the manner provided in Clause 15.3 Article 16.3 hereof:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party B.
(2) Violation of the provisions of Clause 4.9, which has resulted in the incapability of the Power Plant to generate power on schedule or normally or caused direct economic losses to Party B.
(3) Violation of the provisions of Clauses Articles 5.3 and 5.4, which has resulted in the incapability of the Power Plant to generate power on schedule or which has caused direct economic losses to Party B.
(43) Violation of the provisions of Clause Article 6.2, which has resulted in the incapability of the Power Plant to generate power on schedule or which has caused direct economic losses to Party B.
(54) Violation of the Dispatching Code for Electric Power System, which has caused direct economic losses to Party B.
(65) Requiring Party A requires the Power Plant (units) by the Power Dispatching Agency to conduct peak regulation, frequency modulation or voltage regulation beyond its operation capacity or the provisions of this AgreementAgreement (excluding for handling accidents), which has caused direct economic losses to Party B.
(76) Setting or commanding error of the primary and secondary equipments of the power grid due to Party A’s Reason, which has caused direct economic losses to Party B.
(7) Due to Party B’s mal-operation, Party A causes direct economic loss to Party B while performing Article 14.5.1.
(8) Occurrence Failure of the events provided in Clause 9.4.3 hereof delay protection, automatic safety device, dispatching automation system, dispatching communication due to the responsibilities attributable to Party A, causing direct economic losses to Party B.
(9) Due to the inappropriate treatment by Party A, the implementation of provisions of Clause 13.3.1 has caused direct economic losses to Party B.
(10) Malfunctions of the relay protection and automatic safety devices, dispatching automation system and dispatching communication system caused by Party A’s Reasonreason, which has caused direct economic losses to Party B.
(11) Other improper performance of Party A which has caused direct economic losses to Party B.
15.3 16.3 For each time of breach of contractContract, Party A shall assume undertake the liabilities for breach of contract in by the following mannersways:
(1) Party A shall pay Paying to Party B the liquidated damages electricity output of 5,000 kwh in the a lump sum of RMB50,000 [27]as a compensation for its breach.
(2) In case of any direct economic loss losses of Party B which cannot be fully compensated by the lump-electric power output paid in a lump sum liquidated damages provided in Item (1) above, the electric power output corresponding to the direct expenses of Party B for repairing equipments and restoring normal operations shall be compensated.
complemented by Party A (3) In case of any loss of calculated by the electricity output of Party B, the Parties shall resort to the provisions on-grid tariff of the Power Purchase and Sale Contract entered into by the PartiesPlant).
15.4 16.4 Party B, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party A in by the manner method provided in Clause 15.516.5:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party A.
(2) Failure to complete the preparations for grid connection according to preparation works in accordance with the provisions of Chapter IV hereof, which has caused direct economic losses to Party A.
(3) Violation of the provisions of Clauses Articles 5.2 and 5.4, which has caused direct economic losses to Party A.
(4) Violation of the provisions of Clauses 6.1 and 7.1.1.Articles including: Article 6.5; Article 7.4.1 to 7.4.4, Article 7.10, Article 7.11; Article 8.6; Article 10.5; Article 11.2, Article 11.7, Article 11.8; Article 12.2; Article 13.8; Article
(5) Abnormity Malfunction or malfunction abnormal function of the primary and secondary equipments of the Power Plant related in relation to the grid operation due to Party B’s reason, which has caused direct loss to Party A.
(6) The failure of the electric power automatic system of the Power Plant to attain the agreed standards provided in Article 12.8, or the malfunction of the electric power automatic system of the Power Plant due to Party B’s Reason, which has caused an accident or the amplification of accidents and caused direct economic losses to Party A.
(67) Failure to participate in the peak regulation, frequency modulation and voltage regulation or reserve The failure of the electric power dispatching communication system pursuant to provisions of Clause 7.4.
(7) Alteration of the maintenance duration Power Plant to attain the standards provided in Article 13.14, or the malfunction of the dispatching communication system of the Power Plant due to Party B’s Reason, which has caused direct economic losses to Party A.
(8) Failure to report to an accident or the Power Dispatching Agency the real conditions amplification of the equipments of the Power Plant (such as generators, turbines, boilers accidents and electric equipments) and relevant facilities.
(9) Failure of the relay protection and automatic safety devices of the Power Plant to meet the standards specified in Clause 10.4, or malfunctions or incorrect running of relay protection and automatic safety devices of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
(10) Failure of the power dispatching automation system of the Power Plant to meet the standards specified in Clause 11.4, or malfunctions of the power dispatching automation system of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
(11) Failure of the dispatching communication system of the Power Plant to meet the standards specified in Clause 12.6, or malfunctions of the dispatching communication system of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
15.5 16.5 For each time of breach breaching any Item of contractArticle 16.4, Party B shall assume the liabilities for breach of contract in by the following mannersways:
(1) Paying to Party A the liquidated damages electricity output of 5,000 kwh in the a lump sum of RMB50,000as a compensation for its breach.
(2) In case of any direct economic loss losses of Party A which cannot be fully compensated by the lump-electric power output paid in a lump sum liquidated damages provided in Item (1) abovehereof, the electricity output corresponding to the direct expenses of Party A for repairing equipments and restoring normal operations shall be compensated.
complemented by Party A (3) In case of any loss of calculated by the electricity output of Party A, the Parties shall resort to the provisions on-grid tariff of the Power Purchase and Sale Contract entered into by Plant); in case of causing economic losses to the Partiesthird party, Party A shall compensate.
15.6 16.6 If accidents provided in Article 11.9 (1) and (2), malfunctions or incorrect actions of the relay protection and automation safety device, are caused due to Party B’s reason, which have not caused destruction to the stability of the power grid or a widespread blackout, for each occurrence of the said accident, deduct and fine 10,000 kilowatt hours on-grid output; if causing destruction to the stability of the power grid or widespread blackout, deduct and fine 30,000 kilowatt hours on-grid output for each occurrence.
16.7 In case of any of the following serious breach of contract of committed by Party B, Party A may take enforcement measures to the extent of disconnecting the Power Plant (units), ) and Party B shall not be entitled to claim for compensations from Party A for any loss caused by such disconnectionDisconnection.
(1) The Power Plant arbitrarily starts up for grid connection or shut down for disconnection Disconnection without being approved by the Power Dispatching Agencydispatching center.
(2) In case of Emergencies, the Power Plant violates the provisions of Clauses Articles 6.1 and 7.1.1.
(3) In case of Emergencies, the Power Plant fails to report to the Power Dispatching Agency dispatching center the real conditions of the equipments of the Power Plant (such as generatorspower generator, turbinessteam turbine, boilers and electric equipments) and relevant facilities.
15.7 16.8 Unless otherwise provided in this Agreement, in case of any breach of contract, the non-defaulting Party shall immediately notify the defaulting Party to stop breaching the contract, and shall furnish a written notice as quickly as possible to the breaching Party, demanding it to correct the breach of contract and assume the liabilities arising therefrom pursuant to the provisions of this Agreement.
15.8 16.9 The breaching Party shall immediately take measures to correct as well as confirm its breach of contract, and confirm its breach of contract and assume the liabilities arising therefrom pursuant to the provisions of this Agreement.
(1) The lump-sum liquidated damages electricity output for breaching the contract shall be paid within fifteen (15) days together with the monthly electricity output settlement after the breach of contract has been confirmed.
(2) The electric power volume corresponding to the portion of direct economic losses exceeding the lump-sum liquidated damages shall be paid within thirty (30) days together with the monthly electricity output settlement after the confirmation of the losses.
(3) In case of breach of contract concerning the electricity output, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties.
15.9 16.10 In the event that either Party explicitly expresses or indicates by its own actions that it will not perform its obligations hereunder prior to the expiration of the performance time limit period specified herein, the other Party may require request it to assume the liabilities for breach of contract.
16.11 When this Agreement has come into effect, the electricity output for breach of contract agreed to be assumed by both Parties hereto shall not be repeatedly assessed and calculated with the electricity output for rewards and punishments provided in the Measures on the Operation Management and Assessment of the Unified Dispatching Power Plants of Fujian Power Grid (Trial Version (No.71 Min Xxxx Xxx Xxxx Xx [2008]) issued by the Economic and Trade Commission of Fujian Province; As of issues not covered by this No.71 regulation, the liability for breach provisions as agreed hereof shall be applicable. Or, in the event that the implementation of the Measures on the Operation Management and Assessment of the Unified Dispatching Power Plants of Fujian Power Grid (Trial Version (No.71 Min Xxxx Xxx Xxxx Xx [2008]) issued by the Economic and Trade Commission of Fujian Province shall be suspended due to policy change, and the assessment of the operation and management of the Power Plant shall be carried out in accordance with the provisions of this Agreement.
Appears in 1 contract
Samples: Grid Connection and Dispatching Agreement (China Hydroelectric Corp)
Liabilities for Breach of Contract. 15.1 16.1 Either Party’s violation of the provisions of this Agreement shall be deemed as a breach of contract, and the other Party shall be entitled to require the breaching Party to assume the liabilities for breach of contract.
15.2 16.2 Party A, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party B in the manner provided in Clause 15.3 Article 16.3 hereof:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party B.
(2) Violation of the provisions of Clause 4.9, which has resulted in the incapability of the Power Plant to generate power on schedule or normally or caused direct economic losses to Party B.
(3) Violation of the provisions of Clauses 5.3 and 5.4, which has resulted in the incapability of the Power Plant to generate power on schedule or caused direct economic losses to Party B.
(4) Violation of the provisions of Clause Article 6.2, which has resulted in the incapability of the Power Plant to generate power on schedule or which has caused direct economic losses to Party B.
(53) Violation of the Dispatching Code for Electric Power System, which has caused direct economic losses to Party B.
(64) Requiring Party A requires the Power Plant (units) by the Power Dispatching Agency to conduct peak regulation, frequency modulation or voltage regulation beyond its operation capacity or the provisions of this AgreementAgreement (excluding for handling accidents), which has caused direct economic losses to Party B.
(75) Setting or commanding error of the primary and secondary equipments of the power grid due to Party A’s Reason, which has caused direct economic losses to Party B.
(8) Occurrence 6) When implementing Article 14.5 (1) of the events provided in Clause 9.4.3 hereof due to the responsibilities attributable to this Agreement, Party AA conducts any improper action, causing which causes direct economic losses loss to Party B.
(97) Due to Party A causes the inappropriate treatment by Party A, the implementation of provisions of Clause 13.3.1 has caused direct economic losses to Party B.
(10) Malfunctions malfunctions of the relay protection and automatic protection, automation safety devicesdevice, dispatching automation system and dispatching communication system caused by Party A’s Reasonsystem, which has caused causes direct economic losses damages to Party B.
(11) Other 8) Party A’s improper performance dispatching causes unnecessary electricity loss of Party A which has caused direct economic losses the abandoned water to Party B.
15.3 16.3 For each time of breach of contractContract, Party A shall assume undertake the liabilities for breach of contract in by the following mannersways:
(1) Party A shall pay Paying to Party B the liquidated damages electricity output of 100,000 kwh in the a lump sum of RMB50,000 [27]as a compensation for its breach.
(2) In case of any direct economic loss losses of Party B which cannot be fully compensated by the lump-electric power output paid in a lump sum liquidated damages provided in Item (1) above, the electric power output corresponding to the direct expenses of Party B for repairing equipments and restoring normal operations shall be compensatedcomplemented by Party A (calculated by the on-grid tariff of the Power Plant).
(3) In case of any loss of the causing electricity output of losses to Party B, the Parties shall resort to the relevant provisions of provided in the Power Purchase and Sale Contract entered into by both Parties shall be resorted to for the Partiestreatment.
15.4 16.4 Party B, in case of any of the following breach of contract, shall assume the liabilities for breach of contract to Party A in by the manner method provided in Clause 15.516.5:
(1) Failure to perform the obligations provided in Chapter III, which has caused direct economic losses to Party A.
(2) Failure to complete the preparations for grid connection according to preparation works in accordance with the provisions of Chapter IV hereof, which has caused direct economic losses to Party A.
(3) Violation of the provisions of Clauses 5.2 Articles 6.4, 7.4.1 to 7.4.4, 7.12 to 7.13, 8.11, 9.7,10.4,11.7, 12.2 and 5.4, which has caused direct economic losses to Party A.13.8.
(4) Violation of the provisions of Clauses 6.1 and 7.1.1.
(5) Abnormity or malfunction of the primary and secondary equipments of the Power Plant related to the grid operation due to Party B’s Reason, which has caused direct economic losses to Party A or any third party.
(5) The failure of the electric power automatic system of the Power Plant, which has caused an accident or the amplification of accidents and caused direct economic losses to Party A.
(6) Failure to participate in the peak regulation, frequency modulation and voltage regulation or reserve The failure of the electric power dispatching communication system pursuant to provisions of Clause 7.4.
(7) Alteration of the maintenance duration Power Plant due to Party B’s Reason, which has caused direct economic losses to Party A.
(8) Failure to report to an accident or the Power Dispatching Agency the real conditions amplification of the equipments of the Power Plant (such as generators, turbines, boilers accidents and electric equipments) and relevant facilities.
(9) Failure of the relay protection and automatic safety devices of the Power Plant to meet the standards specified in Clause 10.4, or malfunctions or incorrect running of relay protection and automatic safety devices of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
(10) Failure of the power dispatching automation system of the Power Plant to meet the standards specified in Clause 11.4, or malfunctions of the power dispatching automation system of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
(11) Failure of the dispatching communication system of the Power Plant to meet the standards specified in Clause 12.6, or malfunctions of the dispatching communication system of the Power Plant caused by Party B’s Reason, which has resulted in accidents or expansion of accidents, and has caused direct economic losses to Party A.
15.5 16.5 For each time of breach of contractbreaching, Party B shall assume the liabilities for breach of contract in by the following mannersways:
(1) Paying to Party A the liquidated damages electricity output of 100,000 kwh in the a lump sum of RMB50,000as a compensation for its breach.
(2) In case of any direct economic loss losses of Party A which cannot be fully compensated by the lump-electric power output paid in a lump sum liquidated damages provided in Item (1) abovehereof, the electricity output corresponding to the direct expenses of Party A for repairing equipments and restoring normal operations shall be compensatedcomplemented by Party A.
16.6 If Party B causes the accidents provided in Article 11.7 (1) and (2), which is that Party B causes malfunctions or incorrect actions of the relay protection and automation safety device, and which does not cause destruction to the stability of the power grid or a widespread blackout, for each occurrence of the said accident, deduct and fine 30,000 kilowatt hours on-grid output; if causing destruction to the stability of the power grid or vast area power cut, deduct and fine 300,000 kilowatt hours on-grid output for each occurrence.
16.7 If the performance indexes of the Power Plant’s generator set do not reach the standard agreed in this Agreement, Party B shall bear the liabilities for breach of contract according to the following methods:
(1) If breaching Article 7.13 (1), (2) and (3):
(a) For each additional time of the trip-off of the generator set, Party B’s noncompliance power output = outage hours of the generator set * rated capacity of the generator set * 0.5.
(b) For each additional time of the forced outage of the generator set, Party B’s noncompliance power output = outage hours of the generator set * rated capacity of the generator set * 0.4.
(c) If the generator set fails to start up on schedule, Party B’s noncompliance power output = rated capacity of the generator set * delayed start-up time * 0.4.
(2) If breaching Article 9.3, Party B’s noncompliance power output shall be subject to the appraisal data recorded in the EMS system of Ningde Local Dispatching.
(a) If the Power Plant doest assume the responsibility of the frequency modulation plant, as for the excessively generated power output resulting from that the active power of the actual power generation of the Power Plant is higher than 103% of the given active power provided in the Active Power Curve of Daily Power Generation Plan issued by Ningde Local Dispatching lasting for 3 minutes, Ningde Local Dispatching can conduct an appraisal on the excessively generated power output and can deduct it from the Power Plant’s monthly on-grid power output.
(b) If the Power Plant doest assume the responsibility of the frequency modulation plant, as for the decreasingly generated power output resulting from that the active power of the actual power generation of the Power Plant is lower than 97% of the given active power provided in the Active Power Curve of Daily Power Generation Plan issued by Ningde Local Dispatching lasting for 3 minutes, Ningde Local Dispatching can conduct an appraisal on the absolute value of the decreasingly generated power output and can deduct it from the Power Plant’s monthly on-grid power output.
(c) Where the system frequency exceeds the setting value of the artificial dead zone of the speed regulator of the Power Plant’s generator set, which leads to the active power of the actual power generation of the Power Plant exceeds ± 3% of the Active Power Curve of Daily Power Generation Plan issued by Ningde Local Dispatching, then such increased or decreased power generation shall not be taken into the appraisal. Where the power grid frequency exceeds the setting value of the artificial dead zone of the speed regulator of the Power Plant’s generator set and where the Power Plant’s generator set does not participate in the frequency adjustment of the power grid, then a non-compliance appraisal shall be conducted on the Power Plant’s generator set for its nonparticipation in the frequency adjustment of the power grid. The evaluated power output shall be subject to the automatically evaluated sum-up recorded in the automation system of Ningde Local Dispatching.
(d) The aforementioned Active Power Curve of Daily Power Generation Plan issued by Ningde Local Dispatching shall include the curve modified by the on-duty dispatcher of Ningde Local Dispatching or the curve modified according to the start-up and outage dispatching orders.
(3) In case of any loss of the electricity If breaching Article 9.7 (1), then Party B’s annual noncompliance power output of shall be: Among which: Q refers to Party A, the Parties shall resort B’s annual noncompliance power output (unit: 10,000 kilowatt hours). i refers to the provisions 1st installed generator of the Power Purchase Plant. EAFis refers to the annual actual equivalent available factors of the 1st generator set. EAFis = 1- (annual planned outage hours + annual unplanned outage hours + annual equivalent outage hours converted from the annual planned and Sale Contract entered into by unplanned output decrease hours)/ annual calendar hours. EAFib refers to the Partiesannual standard equivalent available factors of the 1st generator set, i.e. the value defined in Article 9.7. Ci: the installed capacity value of the 1st generator set.
15.6 In case (4) If breaching Article 9.7 (2), then Party B’s annual noncompliance power output shall be: Deductable actual on-grid energy upon each occurrence = output decrease hours of any the generator set * decreased output quantity * 0.4. Note:
(a) If it applies for the equipment outage with the on-duty dispatcher 12 hours in advance and obtains the consent from the dispatcher or the dispatching, then it can immediately stop operation and it can be exempted from the appraisal.
(b) Upon the consent from the dispatching, it can make an application for repairing its defective equipment during the valley period (i.e. from 23:00 to 6:00 am of next day), which shall not affect the balance of the provincial power generation and utilization, and under the said situation it can be exempted from the appraisal. If it fails to connect with the power grid after 6:00 am, then the appraisal shall be conducted after 6:00 am.
(c) When the planned overhaul ends, the trip-off of the generator set within 24 hours after the first connection shall be exempted from the appraisal.
(d) The trip-off of the generator and the outage duration shall refer to the time period from the interruption of the circuit breaker till the generator set switches to the standby or till the re-connection. The evaluation time for the accidental trip-off of the generator set, the forced outage and the unplanned output decrease shall not exceed 72 hours; if exceeding 72 hours, then the start-up duration of the generator set without standby system shall not exceed 144 hours. The generator set under commissioning shall not exceed 24 hours.
16.8 If Party B has one of the following serious breach events of contract of Party Bdefault, Party A B may take adopt enforcement measures to the extent of disconnecting till it disconnects the Power Plant (units), and generator set) in breach. Party B shall not be entitled to claim for compensations from against Party A for any loss caused by such disconnection.
(1) The Power Plant arbitrarily starts up for grid the connection or shut shuts down for disconnection without being approved by the Power Dispatching Agency.
(2) In case consent of Emergencies, the Power Plant violates the provisions of Clauses 6.1 and 7.1.1.
(3) In case of Emergencies, the Power Plant fails to report to the Power Dispatching Agency the real conditions of the equipments of the Power Plant (such as generators, turbines, boilers and electric equipments) and relevant facilities.
15.7 Unless otherwise provided in this Agreement, in case of any breach of contract, the non-defaulting Party shall immediately notify the defaulting Party to stop breaching the contract, and shall furnish a written notice as quickly as possible to the breaching Party, demanding it to correct the breach of contract and assume the liabilities therefrom pursuant to the provisions of this Agreement.
15.8 The breaching Party shall immediately take measures to correct as well as confirm its breach of contract, and assume the liabilities therefrom pursuant to the provisions of this Agreement.
(1) The lump-sum liquidated damages shall be paid within fifteen (15) days after the breach of contract has been confirmedNingde Local Dispatching.
(2) The portion of direct economic losses exceeding the lump-sum liquidated damages shall be paid within thirty Power Plant breaches Article 7.1 (301) days after the confirmation of the lossesunder Emergencies.
(3) In case of breach of contract concerning the electricity output, the Parties shall resort to the provisions of the Power Purchase and Sale Contract entered into by the Parties.
15.9 In the event that either Party explicitly expresses or indicates by its own actions that it will not perform its obligations hereunder prior to the expiration of the performance time limit specified herein, the other Party may require it to assume the liabilities for breach of contract.
Appears in 1 contract
Samples: Grid Connection and Dispatching Agreement (China Hydroelectric Corp)
