Operation of the Project. (i) Seller shall operate and maintain the Project in accordance with Prudent Utility Practice and Applicable Law in order to maximize the Storage Contract Capacity and the Discharging Energy available from the Project. If the Storage Facility is curtailed due to Force Majeure, by the Transmission Provider or Reliability Entity, or for any reason other than Buyer’s actions or omissions, Buyer shall not be obligated to pay for any curtailed Discharging Energy and Seller will not be liable for any failure to deliver such Discharging Energy. (ii) Seller shall ensure that personnel capable of starting, operating, and stopping the Project are either available at the Project or capable of remotely starting, operating, and stopping the Project within 10 minutes, and capable of being physically present at the Project with no more than two hours’ notice. In all cases, Seller shall ensure that personnel capable of starting, operating, and stopping the Project can be reached by phone at all times.
Appears in 5 contracts
Samples: Storage Capacity Agreement, Storage Capacity Agreement, Storage Capacity Agreement
