Maintenance Curtailment Sample Clauses

Maintenance Curtailment. The Company shall be entitled to limit Storage Demand in certain situations, such as major maintenance or construction projects affecting its facilities which may impact the Company’s ability to meet the Customer’s requirements, or the Company’s obligations, set out in this Agreement. In such event, except in cases of emergency, upon providing notice of its intention to limit injection and withdrawal rights in accordance with Rate 315, which notice shall include the Company’s best estimate of the duration and extent of such limitations, the Company shall have the right to reduce Storage Demand over and above applicable Storage Ratchets in whole or in part. For certainty, in cases of emergency, no prior notice or consultation by the Company shall be required to perform any required maintenance or construction, provided the Company shall use reasonable efforts to inform the Customer of the nature, extent and timing of such emergency. In all cases, the Company shall use reasonable efforts to limit the extent and duration of any service interruption hereunder. In situations where the Company so limits injection and withdrawal rights, the Company shall proportionately reduce the appropriate charges under Rate 315 based on the number of days the limitation is in effect and the difference between the Storage Demand, and the quantity of gas actually available for withdrawal or injection hereunder on such days. Such prorating shall not affect any other contracts or agreement for services between the Company and the Customer.
Sample 1Sample 2
Maintenance Curtailment. The Company may be required from time to time to perform maintenance or construction to its facilities which may impact the Company’s ability to meet the Customer’s requirements, or the Company’s obligations, set out in this Agreement. In such event, except in cases of emergency, the Company shall provide the Customer with reasonable notice of the suspension of service (in light of the circumstances relating to the suspension) in accordance with the other terms of this Agreement and any applicable terms set forth in Rate 300. For certainty, unless otherwise set out in Rate 300, in cases of emergency no prior notice or consultation by the Company shall be required to perform any required maintenance or construction, provided the Company shall use reasonable efforts to inform the Customer of the nature, extent and timing of such emergency. In all cases, the Company shall use reasonable efforts to limit the extent and duration of any service interruption hereunder. During any such service interruption, the Customer will be required to pay prorated Demand Charges but such prorating shall not affect any other contracts or agreement for services between the Company and the Customer.
Sample 1
Maintenance Curtailment. The Company may be required from time to time to perform maintenance or construction to its facilities which may impact the Company’s ability to meet one or more of the Customers’ requirements, or the Company’s obligations, set out in this Agreement. In such event, except in cases of emergency, the Company shall provide the relevant Customers with reasonable notice of the suspension of service (in light of the circumstances relating to the suspension) in accordance with the other terms of this Agreement. For certainty, in cases of emergency no prior notice or consultation by the Company shall be required to perform any required maintenance or construction, provided the Company shall use reasonable efforts to inform the relevant Customers of the nature, extent and timing of such emergency. In all cases, the Company shall use reasonable efforts to limit the extent and duration of any service interruption hereunder.
Sample 1
Maintenance Curtailment. The Company shall be entitled to limit or reduce the Storage Capacity or limit the Customer’s injection or withdrawal rights in certain situations, such as major maintenance or construction projects affecting its facilities, which may impact the Company’s ability to meet the Company’s obligations set out in this Agreement. In such event, except in cases of emergency, upon providing ten (10) days notice of its intention to limit injection and withdrawal rights, which notice shall include the Company’s best estimate of the duration and extent of such limitations, the Company shall have the right to reduce the maximum daily amounts set out in Section 3.2 and Section 3.3 over and above applicable Storage Ratchets in whole or in part. For certainty, in cases of emergency, no prior notice or consultation by the Company shall be required to perform any required maintenance or construction, provided the Company shall use reasonable efforts to inform the Customer of the nature, extent and timing of such emergency. The Company shall not be liable, in any event, for any damages, losses, costs or expenses incurred or suffered by the Customer by reason or as a consequence of the exercise of any such rights by the Company. In all cases, the Company shall use reasonable efforts to limit the extent and duration of any service interruption hereunder. In situations where the Company so limits or reduces the Storage Capacity or limits the Customer’s injection or withdrawal rights, the Company may, in its sole discretion, proportionately reduce the appropriate charges applicable hereunder based on the number of days the limitation is in effect and the difference between the maximum daily amounts set out in Section 3.2 and Section 3.3 and the quantity of gas actually available for withdrawal or injection hereunder on such Days.
Sample 1

Related to Maintenance Curtailment

  • Maintenance Scheduling The NTO shall schedule maintenance of its facilities designated as NTO Transmission Facilities Under ISO Operational Control and schedule any outages (other than forced transmission outages) of said transmission system facilities in accordance with outage schedules approved by the ISO. The NTO shall comply with maintenance schedules coordinated by the ISO, pursuant to this Agreement, for NTO Transmission Facilities Under ISO Operational Control. The NTO shall be responsible for providing notification of maintenance schedules to the ISO for NTO Transmission Facilities Requiring ISO Notification. The NTO shall provide notification of maintenance schedules to affected Transmission Owners for NTO Transmission Facilities Requiring ISO Notification and Local Area Transmission Facilities pursuant to Section 3.5.3 of the ISO Services Tariff.

  • Planned Maintenance (a) Subject to any modification or amendment of this Agreement made pursuant to Section 4.2(c) or Section 7.3(d), Planned Maintenance occurring during the Delivery Term shall be coordinated and scheduled in accordance with this Section 9.6. Seller shall perform all Planned Maintenance (including Major Planned Maintenance) in a manner that optimizes the generation and benefits to Buyer of the Contract Energy, Storage Energy, and other Products (e.g., during off-peak periods and low-irradiance periods) and, without limiting the foregoing, either (i) outside of Daylight Hours or (ii) during the months of October and November only, during Daylight Hours; provided, however, that the foregoing restrictions shall not apply to any Planned Maintenance that Seller is required to perform pursuant to any applicable manufacturer warranty that cannot reasonably be performed by Seller subject to such restrictions. (b) Seller shall deliver to Buyer a proposed schedule for Planned Maintenance in respect of each Contract Year (“Planned Maintenance Schedule”) no later than ninety (90) Days before the start of such Contract Year. Planned Maintenance Schedules submitted by Seller shall (i) comply with the second sentence of Section 9.6(a) and (ii) include reasonably detailed descriptions of the Planned Maintenance to be performed, the Days and times in which each type of Planned Maintenance is scheduled to be performed, the estimated amount(s) of Contract Capacity and Storage Capacity that will be unavailable due to Planned Maintenance and the total number of hours that Seller expects that the Contract Capacity and Storage Capacity will be unavailable due to Planned Maintenance. The general form for the Planned Maintenance Schedule is set forth in Schedule 9.6. (The Planned Maintenance descriptions reflected in the general form set forth in Schedule 9.6 are provided for indicative purposes only, and are not necessarily representative of the detail, time periods, or certainty required for a Planned Maintenance Schedule hereunder.) (c) Buyer shall have the right to disapprove, in its reasonable discretion (provided that Buyer shall have the right to disapprove, in its sole and absolute discretion, any Planned Maintenance proposed by Seller that is inconsistent with the terms of this Agreement), any Planned Maintenance set out in any Planned Maintenance Schedule proposed by Seller for any Contract Year, except for any Planned Maintenance that (i) is scheduled to occur outside of Daylight Hours or during Daylight Hours during the months of October and November or (ii) Seller is required to perform pursuant to any applicable manufacturer warranty and that is scheduled to occur in compliance with Section 9.6(a). If Seller submits its Planned Maintenance Schedule for a Contract Year in accordance with the requirements of this Agreement and Buyer does not disapprove of any Planned Maintenance set out in such Planned Maintenance Schedule by sixty (60) days after submission, then such Planned Maintenance Schedule shall be deemed approved. If Buyer, in the exercise of its discretion as set forth above, disapproves any Planned Maintenance in such Planned Maintenance Schedule within the applicable time period specified above after its submission, Buyer shall notify Seller and the Parties shall use Commercially Reasonable Efforts to agree upon and finalize a mutually acceptable Planned Maintenance Schedule for the applicable Contract Year. Seller shall conduct Planned Maintenance during such Contract Year only in accordance with an agreed Planned Maintenance Schedule; provided, however, that Seller may (A) move Planned Maintenance included in an agreed Planned Maintenance Schedule that is not Major Planned Maintenance, so long as such move is consistent with the terms of this Agreement (including the second sentence of Section 9.6(a)) or, with respect to Major Planned Maintenance, if such Major Planned Maintenance is scheduled to occur outside of Daylight Hours or during Daylight Hours during the months of October and November and (B) schedule and perform Planned Maintenance not reflected in the Planned Maintenance Schedule so long as such Planned Maintenance is scheduled to be performed outside of Daylight Hours or during Daylight Hours during the months of October and November and Seller provides Buyer at least two (2) weeks’ prior written notice of such Planned Maintenance; provided further that Buyer shall have the right to advise Seller of periods when Buyer prefers, based on solar irradiance, supply, market and other conditions, that any Major Planned Maintenance be deferred, and Seller shall use Commercially Reasonable Efforts to comply with such request. (d) Seller shall use Commercially Reasonable Efforts to complete any Planned Maintenance and place the Facility back into full commercial operation as soon as reasonably possible. If Seller determines that any Planned Maintenance scheduled in an agreed Planned Maintenance Schedule no longer needs to be completed or will not consume the entire time scheduled therefor in the agreed Planned Maintenance Schedule, Seller shall provide (i) a Generation Forecast to Buyer reflecting the forecasted amount of Delivered Energy during each affected interval that takes into account such change and (ii) in the case of any Major Planned Maintenance, a written notice declaring the cessation and termination of the applicable Major Planned Maintenance period (in which event, the Major Planned Maintenance period shall terminate in accordance with the terms of such Generation Forecast and written notice).