Common use of Maintenance Outages; Major Overhaul Clause in Contracts

Maintenance Outages; Major Overhaul. The total Maintenance Debit Value for Maintenance Outages, as determined in accordance with Exhibit E, may not exceed 550 hours in the first Term Year. At the end of each Term Year following the first Term Year, up to a maximum of 50 unused hours may be carried over to the following Term Year. For each of the Term Years after the first Term Year, the total Maintenance Debit Value for Maintenance Outages may not exceed 550 hours plus hours carried over from prior Term Years; provided, however, that such Maintenance Debit Value may not exceed 600 hours in any Term Year. If the Term is greater than or equal to five years, Seller may (i) request up to two Major Overhaul Allowances (in accordance with Exhibit E) of up to 750 total hours for each Major Overhaul, and (ii) schedule up to two Major Overhauls; provided, however, that the second Major Overhaul may not occur within 48 months after the completion of the first Major Overhaul and the Maintenance Debit Value for each Major Overhaul may not exceed 750 hours. If Seller utilizes all of its Major Overhaul Allowance during a Major Overhaul, the remaining portion of the Major Overhaul may be converted to a Maintenance Outage as far as Maintenance Credit Value and Maintenance Debit Value are concerned; provided, however, that Seller submits a Notice to Buyer of such conversion within 60 days of the end of such Major Overhaul. During the Peak Months, Seller may only schedule Maintenance Outages during the non-peak hours of such Peak Months, and the monthly Maintenance Debit Value for Maintenance Outages during the Peak Months may not exceed 12 non-peak hours per Peak Month. Such limitation is part of, and not in addition to, the annual limits as set forth in Section 1.05(a).

Appears in 9 contracts

Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!