Common use of Overriding powers of the Utility Clause in Contracts

Overriding powers of the Utility. 14.3.1 Upon occurrence of a Supplier’s Default, the Utility may, in its discretion, direct the Supplier to stop any or all its sale of electricity to Buyers from and in respect of Contracted Capacity, and to sell all such electricity to the Utility in accordance with the provisions of this Agreement. Upon receipt of any directions hereunder from the Utility, the Supplier shall comply forthwith and issue dispatch and scheduling instruction to the RLDC and SLDC in conformity with the directions of the Utility. 14.3.2 In the event the Supplier does not comply with the directions of the Utility issued in pursuance of Clause 14.3.1, the Utility may issue directions to the RLDC and SLDC to undertake dispatch and scheduling in accordance with such instructions as the Utility may issue hereunder from time to time. 14.3.3 The Supplier shall, prior to the Appointed Date, furnish a certified true copy of this Agreement to the RLDC and SLDC and obtain a receipt thereof. By furnishing a copy of this Agreement to the RLDC and SLDC, the Supplier shall be deemed to have agreed and undertaken to abide by the provisions of this Clause 14.3 and to have given irrevocable instructions to the RLDC and SLDC to carry out all the directions given by the Utility hereunder. For the avoidance of doubt, the Parties expressly agree that the provisions of this Clause 14.3 shall remain in force and effect until the Termination Payment, if any, has been made by the Supplier to the Utility. 14.3.4 The exercise of any overriding powers by the Utility under this Clause 14.3 shall not in any manner affect or diminish the liability and obligation of the Utility to make payments to the Supplier for the electricity supplied or the Availability of Contracted Capacity and the Utility shall, for this purpose, ensure and procure compliance of the provisions of Article 13. Notwithstanding anything to the contrary contained in this Clause 14.3, the Utility shall not be entitled to issue any directions hereunder nor shall the RLDC and SLDC comply with such directions to the extent and for the period during which Utility is in material breach of the provisions of Article 13 or of its payment obligations to the Supplier under this Agreement, and in such an event the provisions of Clause 13.3 shall apply.

Overriding powers of the Utility. 14.3.1 Upon occurrence of a Supplier’s Supplier‟s Default, the Utility may, in its discretion, direct the Supplier to stop any or all its sale of electricity to Buyers from and in respect of Contracted Capacity, and to sell all such electricity to the Utility in accordance with the provisions of this Agreement. Upon receipt of any directions hereunder from the Utility, the Supplier shall comply forthwith and issue dispatch despatch and scheduling instruction to the RLDC and SLDC in conformity with the directions of the Utility. 14.3.2 In the event the Supplier does not comply with the directions of the Utility issued in pursuance of Clause 14.3.1, the Utility may issue directions to the RLDC and SLDC to undertake dispatch despatch and scheduling in accordance with such instructions as the Utility may issue hereunder from time to time. 14.3.3 The Supplier shall, prior to the Appointed Date, furnish a certified true copy of this Agreement to the RLDC and SLDC and obtain a receipt thereof. By furnishing a copy of this Agreement to the RLDC and SLDC, the Supplier shall be deemed to have agreed and undertaken to abide by the provisions of this Clause 14.3 and to have given irrevocable instructions to the RLDC and SLDC to carry out all the directions given by the Utility hereunder. For the avoidance of doubt, the Parties expressly agree that the provisions of this Clause 14.3 shall remain in force and effect until the Termination Payment, if any, has been made by the Supplier to the Utility. 14.3.4 The exercise of any overriding powers by the Utility under this Clause 14.3 shall not in any manner affect or diminish the liability and obligation of the Utility to make payments to the Supplier for the electricity supplied or the Availability of Contracted Capacity and the Utility shall, for this purpose, ensure and procure compliance of the provisions of Article 13. Notwithstanding anything to the contrary contained in this Clause 14.3, the Utility shall not be entitled to issue any directions hereunder nor shall the RLDC and SLDC comply with such directions to the extent and for the period during which Utility is in material breach of the provisions of Article 13 or of its payment obligations to the Supplier under this Agreement, and in such an event the provisions of Clause 13.3 shall apply.

Overriding powers of the Utility. 14.3.1 13.3.1 Upon occurrence of a SupplierAggregator’s Default, the Utility may, in its discretion, direct the Supplier Aggregator to stop any or all its sale of electricity to Buyers from and in respect of Contracted Capacity, and to sell all such electricity to the Utility in accordance with the provisions of this Agreement. Upon receipt of any directions hereunder from the Utility, the Supplier Aggregator shall comply forthwith and issue dispatch despatch and scheduling instruction to the RLDC and SLDC in conformity with the directions of the Utility. 14.3.2 13.3.2 In the event the Supplier Aggregator does not comply with the directions of the Utility issued in pursuance of Clause 14.3.113.3.1, the Utility may issue directions to the RLDC and SLDC to undertake dispatch despatch and scheduling in accordance with such instructions as the Utility may issue hereunder from time to time. 14.3.3 13.3.3 The Supplier Aggregator shall, prior to the Appointed Date, furnish a certified true copy of this Agreement to the RLDC and SLDC and obtain a receipt thereof. By furnishing a copy of this Agreement to the RLDC and SLDC, the Supplier Aggregator shall be deemed to have agreed and undertaken to abide by the provisions of this Clause 14.3 13.3 and to have given irrevocable instructions to the RLDC and SLDC to carry out all the directions given by the Utility hereunder. For the avoidance of doubt, the Parties expressly agree that the provisions of this Clause 14.3 13.3 shall remain in force and effect until the Termination Payment, if any, has been made by the Supplier Aggregator to the Utility. 14.3.4 13.3.4 The exercise of any overriding powers by the Utility under this Clause 14.3 13.3 shall not in any manner affect or diminish the liability and obligation of the Utility to make payments to the Supplier Aggregator for the electricity supplied or the Availability of Contracted Capacity and the Utility shall, for this purpose, ensure and procure compliance of the provisions of Article 13. Notwithstanding anything to the contrary contained in this Clause 14.313.3, the Utility shall not be entitled to issue any directions hereunder nor shall the RLDC and SLDC comply with such directions to the extent and for the period during which Utility is in material breach of the provisions of Article 13 or of its payment obligations to the Supplier Aggregator under this Agreement, and in such an event the provisions of Clause 13.3 shall apply.

Overriding powers of the Utility. 14.3.1 13.3.1 Upon occurrence of a Supplier’s Aggregator‟s Default, the Utility may, in its discretion, direct the Supplier Aggregator to stop any or all its sale of electricity to Buyers from and in respect of Contracted Capacity, and to sell all such electricity to the Utility in accordance with the provisions of this Agreement. Upon receipt of any directions hereunder from the Utility, the Supplier Aggregator shall comply forthwith and issue dispatch despatch and scheduling instruction to the RLDC and SLDC in conformity with the directions of the Utility. 14.3.2 13.3.2 In the event the Supplier Aggregator does not comply with the directions of the Utility issued in pursuance of Clause 14.3.113.3.1, the Utility may issue directions to the RLDC and SLDC to undertake dispatch despatch and scheduling in accordance with such instructions as the Utility may issue hereunder from time to time. 14.3.3 13.3.3 The Supplier Aggregator shall, prior to the Appointed Date, furnish a certified true copy of this Agreement to the RLDC and SLDC and obtain a receipt thereof. By furnishing a copy of this Agreement to the RLDC and SLDC, the Supplier Aggregator shall be deemed to have agreed and undertaken to abide by the provisions of this Clause 14.3 13.3 and to have given irrevocable instructions to the RLDC and SLDC to carry out all the directions given by the Utility hereunder. For the avoidance of doubt, the Parties expressly agree that the provisions of this Clause 14.3 13.3 shall remain in force and effect until the Termination Payment, if any, has been made by the Supplier Aggregator to the Utility. 14.3.4 13.3.4 The exercise of any overriding powers by the Utility under this Clause 14.3 13.3 shall not in any manner affect or diminish the liability and obligation of the Utility to make payments to the Supplier Aggregator for the electricity supplied or the Availability of Contracted Capacity and the Utility shall, for this purpose, ensure and procure compliance of the provisions of Article 13. Notwithstanding anything to the contrary contained in this Clause 14.313.3, the Utility shall not be entitled to issue any directions hereunder nor shall the RLDC and SLDC comply with such directions to the extent and for the period during which Utility is in material breach of the provisions of Article 13 or of its payment obligations to the Supplier Aggregator under this Agreement, and in such an event the provisions of Clause 13.3 shall apply.

Overriding powers of the Utility. 14.3.1 Upon occurrence of a SupplierAggregator’s Default, the Utility may, in its discretion, direct the Supplier Aggregator to stop any or all its sale of electricity to Buyers from and in respect of Contracted Capacity, and to sell all such electricity to the Utility in accordance with the provisions of this Agreement. Upon receipt of any directions hereunder from the Utility, the Supplier Aggregator shall comply forthwith and issue dispatch despatch and scheduling instruction to the RLDC and SLDC in conformity with the directions of the Utility. 14.3.2 In the event the Supplier Aggregator does not comply with the directions of the Utility issued in pursuance of Clause 14.3.1, the Utility may issue directions to the RLDC and SLDC to undertake dispatch despatch and scheduling in accordance with such instructions as the Utility may issue hereunder from time to time. 14.3.3 The Supplier Aggregator shall, prior to the Appointed Date, furnish a certified true copy of this Agreement to the RLDC and SLDC and obtain a receipt thereof. By furnishing a copy of this Agreement to the RLDC and SLDC, the Supplier Aggregator shall be deemed to have agreed and undertaken to abide by the provisions of this Clause 14.3 and to have given irrevocable instructions to the RLDC and SLDC to carry out all the directions given by the Utility hereunder. For the avoidance of doubt, the Parties expressly agree that the provisions of this Clause 14.3 shall remain in force and effect until the Termination Payment, if any, has been made by the Supplier Aggregator to the Utility. 14.3.4 The exercise of any overriding powers by the Utility under this Clause 14.3 shall not in any manner affect or diminish the liability and obligation of the Utility to make payments to the Supplier Aggregator for the electricity supplied or the Availability of Contracted Capacity and the Utility shall, for this purpose, ensure and procure compliance of the provisions of Article 13. Notwithstanding anything to the contrary contained in this Clause 14.3, the Utility shall not be entitled to issue any directions hereunder nor shall the RLDC and SLDC comply with such directions to the extent and for the period during which Utility is in material breach of the provisions of Article 13 or of its payment obligations to the Supplier Aggregator under this Agreement, and in such an event the provisions of Clause 13.3 shall apply.

Overriding powers of the Utility. 14.3.1 Upon occurrence of a Supplier’s Default, the Utility may, in its discretion, direct the Supplier to stop any or all its sale of electricity to Buyers from and in respect of Contracted Capacity, and to sell all such electricity to the Utility in accordance with the provisions of this Agreement. Upon receipt of any directions hereunder from the Utility, the Supplier shall comply forthwith and issue dispatch despatch and scheduling instruction to the RLDC and SLDC in conformity with the directions of the Utility. 14.3.2 In the event the Supplier does not comply with the directions of the Utility issued in pursuance of Clause 14.3.1, the Utility may issue directions to the RLDC and SLDC to undertake dispatch despatch and scheduling in accordance with such instructions as the Utility may issue hereunder from time to time. 14.3.3 The Supplier shall, prior to the Appointed Date, furnish a certified true copy of this Agreement to the RLDC and SLDC and obtain a receipt thereof. By furnishing a copy of this Agreement to the RLDC and SLDC, the Supplier shall be deemed to have agreed and undertaken to abide by the provisions of this Clause 14.3 and to have given irrevocable instructions to the RLDC and SLDC to carry out all the directions given by the Utility hereunder. For the avoidance of doubt, the Parties expressly agree that the provisions of this Clause 14.3 shall remain in force and effect until the Termination Payment, if any, has been made by the Supplier to the Utility. 14.3.4 The exercise of any overriding powers by the Utility under this Clause 14.3 shall not in any manner affect or diminish the liability and obligation of the Utility to make payments to the Supplier for the electricity supplied or the Availability of Contracted Capacity and the Utility shall, for this purpose, ensure and procure compliance of the provisions of Article 13. Notwithstanding anything to the contrary contained in this Clause 14.3, the Utility shall not be entitled to issue any directions hereunder nor shall the RLDC and SLDC comply with such directions to the extent and for the period during which Utility is in material breach of the provisions of Article 13 or of its payment obligations to the Supplier under this Agreement, and in such an event the provisions of Clause 13.3 shall apply.