of the Power Purchase Agreement. Section 3.2 of the Power Purchase Agreement is hereby amended by adding the following new Section 3.2L:
of the Power Purchase Agreement. Section 6.2 of the Power Purchase Agreement is hereby amended by replacing the first paragraph with the following: By the nineteenth working day of each month, but not later than the second to last working day of the month, HECO shall pay the monthly Capacity Charge and monthly Energy Charge as computed in Article V, or provide to AES Hawaii an itemized statement of its objections to all or any portion of such Monthly Invoice and pay any undisputed amount.
of the Power Purchase Agreement. Effective upon the Increment One Capacity In-Service Date, a new Section 5.1E is hereby added to the Power Purchase Agreement to read as follows:
of the Power Purchase Agreement. In the circumstances the Respondent herein vide its letter dated 04.04.2013 rejected the demand of the Petitioner for extension of time line for fulfillment of Conditions Subsequent and the scheduled delivery date. In the said letter dated 04.04.2013, the Respondent herein also duly pointed out that in terms of Article 9.5
of the Power Purchase Agreement. In the event Provider does not timely restore the Premises to a satisfactory condition, as determined by the State, Provider understands and agrees that the State may exercise its rights under Section 17.2.9 (State’s Right to Act), and until such time as the restoration is completed to the satisfaction of the State, Provider shall be liable for any damages and costs that the State may have incurred, including penalties, fines, and assessments related to the Premises which may be imposed on the State or Provider by any governmental authority.
of the Power Purchase Agreement. 5.3.4 In the case of Non-Sri Lanka Force Majeure resulting in damage to the Project or any part thereof or requiring a material modification or a material capital addition to the Project to restore it to an agreed operating level ("Restoration"), the Government shall be informed of negotiations between the CEB and the Project Company to agree on:
of the Power Purchase Agreement. The second dispute concerns the manner of determining any adjustment to be made to the Monthly Capacity Payments in accordance with Subsection 6.1(g) of the Power Purchase Agreement. In particular, Panda asserts that, for purposes of determining the CPWIRR Increase under such subsection following the merger or other combination of PEPCO with another electric utility, the actual peak load experienced by PEPCO should be deemed to be the actual peak load experienced by the company resulting from the merger or combination. PEPCO asserts that, for purposes of calculating the CPWIRR Increase under such subsection after such a merge or combination, the actual peak load experienced by PEPCO should be deemed to be the actual peak load of only that portion of the system of the merged or combined company that constituted the ----------------- 1 Capitalized terms that are not otherwise defined in this letter agreement will have the definitions set forth in the Power Purchase Agreement. PEPCO system prior to the merger or combination. Again, the parties have raised various legal and equitable arguments to support their positions. The third dispute involves the initial determination of the firm displacement tariff rate for transportation on the Columbia LNG pipeline for purposes of determining the FGMRi and IGRi pursuant to Subsections 6.2(b)(v) and 6.2(b)(vi) of the Power Purchase Agreement, respectively. The fourth dispute involves determining the period of time for which the Unit commitment Payment for Must Run hours will be made under Subsection 6.2(b) of the Power Purchase Agreement under existing circumstances. According to Article 17 of the Power Purchase Agreement, the Parties are required to attempt to resolve all disputes arising under the Power Purchase Agreement promptly, equitably and in a good faith manner. In the event that the Parties are unable to resolve any such dispute, the parties are required to submit such dispute to the Maryland Public Service Commission. This letter agreement settles all claims between PEPCO and Panda with respect to each of the disputes described above. In particular, PEPCO and Panda each hereby waives, and releases the other party from, all actions, claims, demands, causes of action and assertions of right that may be brought by it, whether known or unknown, developed or undeveloped, arising out of each of the disputes described above. Such waiver and release, however, is not applicable to actions, claims, demands, causes of a...
of the Power Purchase Agreement. Section 24.11 of the Power Purchase Agreement is hereby amended by replacing the first two (2) sentences with the following: AES Hawaii shall provide HECO with a copy of any Steam Sales Contract prior to its execution by AES Hawaii and the steam buyer. Such contract will provide for, at a minimum, steam sales under normal operating conditions that are adequate to maintain the Facility as a Qualifying Facility under PURPA, but shall not allow for maximum sales that, given the design capability of the Facility, would jeopardize the supply of the Committed Capacity to HECO when in full operation as described in Section 3.2D(3).
of the Power Purchase Agreement. The definition of the “Additive Component” set forth towards the end of Section 5.1A of the Power Purchase Agreement shall apply only to the Additive Component of the Energy Charge incurred prior to January 1, 2003. With respect to subsequent periods, the aforesaid definition of the “Additive Component” is supplemented as follows: The “Additive Component” of the Energy Charge incurred for Calendar Year 2003 and for the Pre-Transition Date Period shall be:
of the Power Purchase Agreement. (d) After giving effect to any segregation of monies as specified in Section 3.8(c), the Disbursement Agent on each Interest Payment Date shall, provided that the Partnership has delivered to the Disbursement Agent a certificate stating that the requirements of Section 5.24 of the Indenture are satisfied, transfer all monies in the Partnership Distribution Account as follows: first, if five (5) days prior to the applicable Interest Payment Date, the Disbursement Agent receives written notice from the Partnership stating that LOC Loans are then currently outstanding and setting forth the principal amount of such LOC Loans, to the LOC Provider an amount equal to the amount set forth in such notice of the Partnership less the amount the Disbursement Agent is scheduled to transfer to the LOC Provider pursuant to Section 3.10(a)(4) of this Disbursement Agreement, second, subject to Sections 4.2 and 4.3, to the appropriate Partner, an amount equal to all interest (including overdue interest) and principal due and payable on Partner Subordinated Debt attributable to such Partner as specified in writing by the Partnership, third, subject to Sections 4.2 and 4.3, the balance to the account or accounts specified in writing by the Partnership.
