Ocean Transit. Seller shall take reasonable action to ensure that the risk of loss or damage to any material items of equipment which are subject to ocean transit is adequately protected against by the terms of delivery from contractors or suppliers of such equipment or Seller's own insurance coverage.
Ocean Transit. Seller shall take reasonable action to ensure that the risk of loss or damage to any material items of equipment which are subject to ocean transit is adequately protected against by the terms of delivery from contractors or suppliers of such equipment or Seller’s own insurance coverage. (See Section 3.2(A)(7)) Any capitalized terms used in this report which are not defined herein shall have the meaning ascribed to them in the Amended and Restated Power Purchase Agreement for Firm Capacity Renewable Dispatchable Generation by and between Puna Geothermal Venture ("Seller") and Hawaii Electric Light Company, Inc. (“Company”) dated December 30, 2019 (the "Agreement"). In addition to the remedial action plan requirement set forth in Section 2.3(B)(1) of the Agreement, Seller shall review the status of each Condition Precedent and Milestone of the schedule (the "Schedule") for the Facility and identify such matters referenced in clauses (i)-(v) below as known to Seller and which in Seller's reasonable judgment are expected to adversely affect the Schedule, and with respect to any such matters, shall state the actions which Seller intends to take to ensure that the Conditions Precedent and Milestones will be attained by their required dates. Such matters may include, but shall not be limited to:
(i) Any material matter or issue arising in connection with a Permit, or compliance therewith, with respect to which there is an actual or threatened dispute over the interpretation of a law, actual or threatened opposition to the granting of a necessary Permit, any organized public opposition, any action or expenditure required for compliance or obtaining approval that Seller is unwilling to take or make, or in each case which could reasonably be expected to materially threaten or prevent financing of the Facility, attaining any Condition Precedent or Milestone, or obtaining any contemplated agreements with other parties which are necessary for attaining any Condition Precedent or Milestone or which otherwise reasonably could be expected to materially threaten Seller's ability to attain any Condition Precedent or Milestone.
(ii) Any development or event in the financial markets or the independent power industry, any change in taxation or accounting standards or practices or in Seller's business or prospects which reasonably could be expected to materially threaten financing of the Facility, attainment of any Condition Precedent or Milestone or materially threaten any co...
Ocean Transit. Subscriber Organization shall take reasonable action to ensure that the risk of loss or damage to any material items of equipment which are subject to ocean transit is adequately protected against by the terms of delivery from contractors or suppliers of such equipment or Subscriber Organization's own insurance coverage.
Ocean Transit. SELLER shall take reasonable action to ensure that the ------------- risk of loss or damage to any material items of equipment which are subject to ocean transit is adequately protected against by the terms of delivery from contractors or suppliers of such equipment or SELLER's own insurance coverage. ATTACHMENT K CALCULATION OF RAMP DERATING PENALTY (See Section 8.1C) Example: Capacity Charge Rate $0.01981/kWh Unit capacity 25 MW Unit capacity during ramp derating period 21.5 MW Ramp derating 3.5 MW Duration of ramp derating period 48 hours Penalty = $0.01981/kWh x 3,500 x 48 = $0.01981 x 3,500 x 48 = $3,328.08 ATTACHMENT L CAPACITY TESTING PROCEDURES (See Section 3.2C(22))
I. Initial Acceptance Tests ------------------------
A. When Phase 1 and Phase 2 of the Facility are ready for their respective Initial Acceptance Test, SELLER shall notify HELCO at least seven (7) days prior to such test and shall coordinate with HELCO. SELLER shall perform and HELCO shall monitor such test no earlier than seven (7) days of HELCO's receipt of such notice.
B. The Initial Acceptance Test shall be performed for each of Phase 1 and Phase 2 as follows:
(1) The test shall last for forty-eight (48) hours and shall be scheduled on the start-up plan provided by SELLER to HELCO in accordance with Section 5.1.
(2) During the test period, the Facility shall operate in accordance with the Dispatch instructions of HELCO's System Operator, subject in all cases to Good Engineering and Operating Practices and the safety and design limits of the Facility as specified by the applicable equipment manufacturers.
(3) If SELLER and HELCO are satisfied with the Initial Acceptance Test, Firm Capacity shall be designated by SELLER up to the minimum average capacity level that the Facility is able to sustain over a fifteen (15) minute interval in which the Facility is being dispatched at maximum capacity; provided -------- that SELLER may not without HELCO's consent, set the Firm Capacity at a level in ---- excess of the Committed Capacity.
(4) If either SELLER or HELCO reasonably believes that an abnormal condition occurred which may have adversely impacted the Initial Acceptance Test, such party may request a re-test at such party's expense.
(5) If, following two re-tests, the parties cannot agree that such Initial Acceptance Test produced accurate and reliable results, the parties shall hire a Qualified Independent Engineer, from the list set forth in Attachment H, to observe a third test an...
