Common use of Maintenance and Operation of Facility Clause in Contracts

Maintenance and Operation of Facility. Seller shall, at all times during the Term, construct, maintain and operate the Facility in accordance with Good Utility Practice and in accordance with Exhibit A to this Agreement. Seller shall bear all costs related thereto. Seller may contract with other Persons to provide construction, operation and maintenance functions, so long as Seller shall at all times maintain overall direction and control over the construction, operation and maintenance of the Facility throughout the Term. No later than (a) the Commercial Operation Date and (b) two months prior to the end of each calendar year thereafter during the Term, Seller shall submit to Buyer a schedule of planned maintenance for the following calendar year for the Facility. Throughout the Services Term, Seller shall coordinate all planned maintenance with ISO-NE, consistent with ISO-NE Rules, and shall promptly provide applicable information concerning scheduled outages, as determined by ISO-NE, to Buyer. To maximize the value of the Products, to the extent possible and consistent with ISO-NE Rules, Seller shall (i) not schedule maintenance of the Facility during the months of December, January and February, (ii) not schedule maintenance requiring more than twenty-five percent (25%) of the Facility to be offline at any single time during the months of July and August and (iii) not schedule maintenance requiring more than fifty percent (50%) of the Facility to be offline at any single time during the months of June and September; provided, however, that planned maintenance may be scheduled during such period to the extent the failure to perform such planned maintenance is contrary to operation of the Facility in accordance with Good Utility Practice or equipment manufacturer requirements. Seller shall take commercially reasonable steps to operate the Facility so as to minimize any unplanned outages during the hours of anticipated peak load and Energy prices in New England.

Maintenance and Operation of Facility. Seller shall, at all times during the Term, construct, maintain and operate the Facility in accordance with Good Utility Practice and in accordance with Exhibit A to this Agreement. Seller shall bear all costs related thereto. Seller may contract with other Persons to provide construction, operation and maintenance functions, so long as Seller shall at all times maintain overall direction and control over the construction, operation and maintenance of the Facility throughout the Term. No later than (a) the Commercial Operation Date Date, and (b) two months prior to the end of each calendar year thereafter during the Term, Seller shall submit to Buyer a schedule of planned maintenance for the following calendar year for the Facility. Throughout the Services Term, Seller shall coordinate all planned maintenance with ISO-NE, NE consistent with ISO-NE Rules, and shall promptly provide applicable information concerning scheduled outages, as determined by ISO-NE, to Buyer. To maximize the value of the Products, to the extent possible and consistent with ISO-NE Rules, Seller shall (i) not schedule maintenance of the Facility during the months of December, January and February, (ii) not schedule maintenance requiring more than twenty-five percent (25%) of the Facility to be offline at any single time during the months of July and August August, and (iii) not schedule maintenance requiring more than fifty percent (50%) of the Facility to be offline at any single time during the months of June and September; , provided, however, that planned maintenance may be scheduled during such period to the extent the failure to perform such planned maintenance is contrary to operation of the Facility in accordance with Good Utility Practice or equipment manufacturer requirements. Seller shall take commercially reasonable steps to operate the Facility so as to minimize any unplanned outages during the hours of anticipated peak load and Energy prices in New England.

Maintenance and Operation of Facility. Seller shall, at all times during the Term, construct, maintain and operate the Facility in accordance with Good Utility Practice and in accordance with Exhibit A to this Agreement. Seller shall bear all costs related thereto. Seller may contract with other Persons to provide construction, operation and maintenance functions, so long as Seller shall maintains overall control over the construction, operation and maintenance of the Facility throughout the Term.shall at all times maintain overall direction and control over the construction, operation and maintenance of the Facility throughout the Term. No later than (a) the Commercial Operation Date and (b) two months prior to the end of each calendar year thereafter during the Term, Seller shall submit to Buyer a schedule of planned maintenance for the following calendar year for the Facility. Throughout the Services Term, Seller shall coordinate all planned maintenance with ISO-NE, consistent with ISO-NE Rules, and shall promptly provide applicable information concerning scheduled outages, as determined by ISO-ISO- NE, to Buyer. To maximize the value of the Products, to the extent possible and consistent with ISO-NE Rules, Seller shall shall (i) not schedule maintenance of the Facility during the months of December, January and February, (ii) not schedule maintenance requiring more than twenty-five percent (25%) of the Facility to be offline at any single time during the months of July and August and (iii) not schedule maintenance requiring more than fifty percent (50%) of the Facility to be offline at any single time during the months of June and September; provided, however, that planned maintenance may be scheduled during such period to the extent the failure to perform such planned maintenance is contrary to operation of the Facility in accordance with Good Utility Practice or equipment manufacturer requirements. Seller shall take commercially reasonable steps to operate the Facility so as to minimize any unplanned outages during the hours of anticipated peak load and Energy prices in New England.