Non-Compensable Curtailment Sample Clauses
A Non-Compensable Curtailment clause defines situations where a party is permitted to reduce, suspend, or halt performance under a contract without being required to pay compensation to the other party for such interruptions. Typically, this clause applies to circumstances beyond the control of the parties, such as regulatory actions, grid emergencies, or force majeure events, where curtailment is necessary for safety or compliance reasons. Its core function is to allocate risk by clarifying that certain interruptions will not trigger financial liability, thereby protecting parties from unforeseen operational disruptions.
Non-Compensable Curtailment. Except for Compensable Curtailment in accordance with Section 5.1.3, PacifiCorp shall not be obligated to purchase, receive, pay for, or pay any damages associated with, Net Output if such Net Output is not delivered to the System or Point of Delivery for any of the following reasons: (a) the interconnection between the Facility and the System is disconnected, suspended or interrupted, in whole or in part, consistent with the terms of the Generation Interconnection Agreement, (b) the Market Operator, Transmission Provider or Network Service Provider directs a general curtailment, reduction, or redispatch of generation in the area, (which would include the Net Output) for any reason (excluding curtailment of purchases for general economic reasons unilaterally directed by the Market Operator or PacifiCorp acting solely in its merchant function capacity), even if and no matter how such curtailment or redispatch directive is carried out by PacifiCorp, which may fulfill such directive by acting in its sole discretion; or if PacifiCorp curtails or otherwise reduces the Net Output in any way in order to meet its obligations to the Market Operator, Transmission Provider or Network Service Provider to operate within system limitations or otherwise, (c) the Facility's Output is not received because the Facility is not fully integrated or synchronized with the System, or (d) an event of Force Majeure prevents either Party from delivering or receiving Net Output (“Non-Compensable Curtailment”).
Non-Compensable Curtailment. PacifiCorp is not obligated to purchase, receive, pay for, or pay any damages associated with, Net Output not delivered to the Point of Delivery due to any of the following: (a) the interconnection between the Facility and the System is disconnected, suspended or interrupted, in whole or in part, consistent with the terms of the Generation Interconnection Agreement; (b) the Market Operator or Transmission Provider directs a general curtailment, reduction, or redispatch of generation in the area of the Facility (which would include the Net Output) for any reason; (c) PacifiCorp curtails or otherwise reduces the Net Output in any way in order to meet its obligations to the Market Operator or Transmission Provider to operate within system limitations; (d) the Facility’s Output is not received by PacifiCorp at the Point of Delivery because the Facility is not fully integrated or synchronized with the System; or (e) an event of Force Majeure prevents either Party from delivering or receiving Net Output (collectively, “Non-Compensable Curtailment”).
Non-Compensable Curtailment. PacifiCorp is not obligated to purchase, receive, pay for, or pay any damages associated with, Net Output not delivered to the Point of Delivery or Storage Facility Metering Point due to any of the following: (a) the interconnection between the Facility and the System is disconnected, suspended or interrupted, in whole or in part, consistent with the terms of the Generation Interconnection Agreement; (b) the Market Operator or Transmission Provider directs a general curtailment, reduction, or redispatch of generation in the area of the Facility (which would include the Net Output) for any reason;
Non-Compensable Curtailment. PacifiCorp is not obligated to purchase, receive, pay for, or pay any damages associated with, Net Output not delivered to the Point of Delivery or Storage Facility Metering Point due to any of the following (collectively, “Non- Compensable Curtailment”):
(a) the interconnection between the Facility and the System is disconnected, suspended or interrupted, in whole or in part, consistent with the terms of the Generation Interconnection Agreement; (b) the Facility is not fully integrated or synchronized with the System; (c) any direction to Seller by the Market Operator, Network Service Provider, Transmission Provider, Interconnection Provider or PacifiCorp (in its merchant function capacity and acting at the direction of the Market Operator, Network Service Provider, Transmission Provider or Interconnection Provider) to curtail Net Output: (i) to effectuate a reduction in transmission service by Transmission Provider as provided for under Transmission Provider’s Tariff; (ii) to effectuate a reduction in interconnection service by the Interconnection Provider as provided for under the Generation Interconnection Agreement; (iii) to maintain compliance with NERC, WECC or similar national or regional reliability standard requirements; or (iv) to remedy any condition or situation: (A) that in the judgment of the party making the claim is imminently likely to endanger life or property; or (B) that Transmission Provider determines in a non- discriminatory manner is imminently likely to cause a material adverse effect on the security of, or damage to Transmission Provider’s System, Transmission Provider’s or Interconnection Provider’s interconnection facilities or the electric systems of others to which the Transmission Provider’s System is directly connected; or (d) an event of Force Majeure that prevents either Party from delivering or receiving Net Output; provided that, consistent with Section 6.16.2(c), during any Non-Compensable Curtailment, so long as the Storage Facility is capable of receiving Charging Energy, PacifiCorp will use commercially reasonable efforts to direct Charging Energy to the Storage Facility at the maximum rate for delivering Charging Energy, prior to ramping down the Generating Facility in response to the Non-Compensable Curtailment, provided further that PacifiCorp will not have liability to Seller for failure to direct Charging Energy to the Storage Facility at the maximum rate for delivering Charging Energy, prior to ramping down th...
Non-Compensable Curtailment. PacifiCorp is not obligated to purchase, receive, pay for, or pay any damages associated with, Net Output not delivered to the Point of Delivery due to any of the following (collectively, “Non-Compensable Curtailment”):
(a) the interconnection between the Facility and the System is disconnected, suspended or interrupted, in whole or in part, consistent with the terms of the Generation Interconnection Agreement;
(b) the Facility is not fully integrated or synchronized with the System; (c) any direction to Seller by the Market Operator, Network Service Provider, Transmission Provider, Interconnection Provider or PacifiCorp (in its merchant function capacity and acting at the direction of the Market Operator, Network Service Provider, Transmission Provider or Interconnection Provider) to curtail Net Output: (i) to effectuate a reduction in transmission service by Transmission Provider as provided for under Transmission Provider’s Tariff; (ii) to effectuate a reduction in interconnection service by the Interconnection Provider as provided for under the Generation Interconnection Agreement;
Non-Compensable Curtailment. PacifiCorp is not obligated to purchase, receive, pay for, or pay any damages associated with, Net Output not delivered to the Point of Delivery or Storage Facility Metering Point due to any of the following: (a) the interconnection between the Facility and the System is disconnected, suspended or interrupted, in whole or in part, consistent with the terms of the Generation Interconnection Agreement; (b) the Market Operator or Transmission Provider directs a general curtailment, reduction, or redispatch of generation in the area of the Facility (which would include the Net Output) for any reason; (c) PacifiCorp curtails or otherwise reduces the Net Output in any way in order to meet its obligations to the Market Operator or Transmission Provider to operate within system limitations; (d) the Facility’s Output is not received by PacifiCorp at the Point of Delivery or at the Storage Facility Metering Point because the Facility is not fully integrated or synchronized with the System; or (e) an event of Force Majeure prevents either Party from delivering or receiving Net Output (collectively, “Non-Compensable Curtailment”).
Non-Compensable Curtailment. PacifiCorp is not obligated to purchase, receive, pay for, or pay any damages associated with, Net Output not delivered to the Point of