Notice Suspension Clause Samples

Notice Suspension. The obligation to provide Estimated Monthly Availability Schedules and Availability Notices shall be suspended during the Conversion Period. Dispatch. The Department shall have the right to Dispatch the Facility at any level of output between Minimum Load and Full Load during the Phase 1 Term, and between Minimum Load and Maximum Load during the Phase 2 Term, by providing to Seller a dispatch notice (“Dispatch Notice”) in the form of Exhibit A attached hereto setting forth the Department’s desired hourly operating levels for the relevant Day, provided that: each such Dispatch Notice shall be given to Seller not less than one hour prior to the Nomination Deadline for the relevant Day; during the Phase 1 Term, any Dispatch shall be for a run time of no less than two (2) consecutive hours per Unit and during the Phase 2 Term, any Dispatch shall be for a run time of no less than six (6) consecutive hours per Unit; any Dispatch that requires a Start-Up of a Unit or Units shall be provided with advance notice of not less than the Start-Up Notification Lead Time for such Unit or Units and shall reflect the typical ramp-up of Net Electrical Output during a Start-Up of such Unit or Units; any Dispatch shall be subject to the Permit Limits; any Dispatch shall be within the limits of Net Electrical Output set forth in the applicable Availability Notice from Seller and subject to any lower limits that may result from mechanical or climatic conditions at the Facility arising subsequent to such Availability Notice; and the rate of change in scheduled hourly levels of Net Electrical Output shall not exceed the ramp rate of the Facility operating in accordance with Accepted Electrical Practices. In the event that the Department provides a Dispatch Notice that does not comply with the foregoing limitations, Seller shall notify the Department as soon as Seller becomes aware of such non- compliance. If the Department provides a compliant replacement Dispatch Notice prior to the Nomination Deadline for the relevant Day, Seller shall operate the Facility in accordance with such replacement Dispatch Notice. If a compliant Dispatch Notice is not received by the Nomination Deadline, Seller shall operate the Facility in the state called for in the last hour of the last compliant Dispatch Notice until it receives a revision pursuant to Section 5.04. Seller shall, by facsimile or e-mail, confirm to the Department its receipt of each Dispatch Notice.