Common use of Operation of Facility Clause in Contracts

Operation of Facility. The Seller agrees to operate the Facility to the maximum extent feasible consistent with the recommendations of equipment manufactures and Good Utility Practice. The Buyer shall not assert the Seller's liability for, and the Seller shall not be liable to the Buyer for, any direct damages resulting from the Seller's inadvertent or accidental failure to deliver the Buyer's Entitlement, unless the Seller is grossly negligent. Unless specifically allowed pursuant to this AGREEMENT, where without the Buyer's prior written approval the Seller deliberately reduces the Buyer's Entitlement for the purpose of selling or attempting to sell capacity and associated electric energy to any third party, or for the purpose of producing any other form of energy capable of being produced at the Facility in lieu of the Seller's Entitlement, said limitation of the Seller's liability shall not apply.

Operation of Facility. The Seller agrees to operate the Facility to the maximum extent feasible consistent with the recommendations of equipment manufactures and Good Utility Practice. The Buyer shall not assert the Seller's liability for, and the Seller shall not be liable to the Buyer for, any direct damages resulting from the Seller's inadvertent or accidental failure to deliver the Buyer's Entitlement, unless the Seller is grossly negligent. Unless specifically allowed pursuant to this AGREEMENT, where without the Buyer's prior written approval the Seller deliberately reduces the Buyer's Entitlement for the purpose of selling or attempting to sell capacity and associated electric energy to any third party, or for the purpose of producing any other form of energy capable of being produced at the Facility in lieu of the Seller's Buyer’s Entitlement, said limitation of the Seller's liability shall not apply.

Operation of Facility. The Seller agrees to operate the Facility to the maximum extent feasible consistent with the recommendations of equipment manufactures and Good Utility Practice. The Buyer shall not assert the Seller's liability for, and the Seller shall not be liable to the Buyer for, any direct damages resulting from the Seller's inadvertent or accidental failure to deliver the Buyer's Entitlement, unless the Seller is grossly negligent. Unless specifically allowed pursuant to this AGREEMENTAgreement, where without the Buyer's prior written approval the Seller deliberately reduces the Buyer's Entitlement for the purpose of selling or attempting to sell capacity and associated electric energy to any third party, or for the purpose of producing any other form of energy capable of being produced at the Facility in lieu of the Seller's Entitlement, said limitation of the Seller's liability shall not apply.

Operation of Facility. The Seller agrees to operate the Facility to the maximum extent feasible and consistent with the recommendations of equipment manufactures manufacturers and Good Utility Practice. The Buyer shall not assert the Seller's liability for, and the Seller shall not be liable to the Buyer for, any direct damages resulting from the Seller's inadvertent or accidental failure to deliver the Buyer's Entitlement, unless the Seller is grossly negligent. Unless specifically allowed pursuant to this AGREEMENTAgreement, where without the Buyer's prior written approval the Seller deliberately reduces the Buyer's Entitlement for the purpose of selling or attempting to sell capacity and associated electric energy to any third party, or for the purpose of producing any other form of energy capable of being produced at the Facility in lieu of the Seller's Entitlement, said limitation of the Seller's liability shall not apply.