Common use of Outage Planning Clause in Contracts

Outage Planning. (i) No later than ninety (90) days prior to the Commercial Operation Date, and no later than September 1 of each year during the Delivery Term, Seller shall provide to Buyer a proposed schedule of outages planned for maintenance of the Project (each such outage a “Planned Outage”. The maximum number of hours of Planed Outage permitted in a Contract Year shall be 200 hours. Seller shall not schedule any Planned Outage that reduces the Storage Facility charging or discharging capability by more than ten percent (10%) during the months of June, July, August, and September unless (i) such outage is required to avoid significant and material damage to the Storage Facility, (ii) such maintenance is necessary to maintain equipment warranties and cannot be scheduled outside the months of June through September, (iii) such outage is required in accordance with Prudent Utility Practices, or (iv) the Parties agree otherwise in writing. (ii) Seller shall use commercially reasonable efforts to minimize the impact of any Outage, including by scheduling or completing, as applicable, such Outage during hours other than Heavy Load Hours and by minimizing the portion of Storage Contract Capacity subject to an Outage at any time. (iii) Seller shall promptly provide Buyer with notice of any Unplanned Outage, including the amount of the Storage Contract Capacity that is not available because of such Unplanned Outage and the expected return date and time of such capacity. Seller shall update such report as necessary to advise Buyer of changed circumstances. Seller shall in writing confirm any oral notice of a Unplanned Outage as soon as practicable following such notice.

Outage Planning. (i) No later than ninety (90) days prior to the Commercial Operation Date, and no later than September 1 of each year during the Delivery Term, Seller shall provide to Buyer a proposed schedule of outages planned for maintenance of the Project (each such outage a “Planned Outage”. The maximum number of hours of Planed Outage permitted in a Contract Year shall be 200 hours. Seller shall not schedule any Planned Outage that reduces the Storage Facility charging or discharging capability by more than ten percent (10%) during the months of June, July, August, and September unless (i) such outage is required to avoid significant and material damage to the Storage Facility, (ii) such maintenance is necessary to maintain equipment warranties and cannot be scheduled outside the months of June through September, (iii) such outage is required in accordance with Prudent Utility Practices, or (iv) the Parties agree otherwise in writing.writing.‌ (ii) Seller shall use commercially reasonable efforts to minimize the impact of any Outage, including by scheduling or completing, as applicable, such Outage during hours other than Heavy Load Hours and by minimizing the portion of Storage Contract Capacity subject to an Outage at any time. (iii) Seller shall promptly provide Buyer with notice of any Unplanned Outage, including the amount of the Storage Contract Capacity that is not available because of such Unplanned Outage and the expected return date and time of such capacity. Seller shall update such report as necessary to advise Buyer of changed circumstances. Seller shall in writing confirm any oral notice of a Unplanned Outage as soon as practicable following such notice.