Parties' Failure to Execute Fuel Supply Plan. (i) In the event the Parties do not agree to a Fuel Supply Plan by sixty (60) Days prior to the next succeeding Fuel Supply Period, Party B may elect, at Party B’s sole option, to provide, or cause to be provided, for the next succeeding Fuel Supply Period, as appropriate, Gas necessary to supply the Designated Units hereunder from Party B’s own Gas purchases. Party B’s election to provide, or cause to be provided, Gas to the Designated Units under this Section 6(c)(i) shall be expressed in writing to Party A no later than thirty (30) Days prior to the commencement of the next succeeding Fuel Supply Period. (ii) If the Parties do not agree on a Fuel Supply Plan and Party B does not timely elect to provide Gas to the Designated Units from Party B’s own Gas purchases pursuant to Section 6(c)(i), Party A will provide, pursuant to the Default Fuel Supply Plan, Gas necessary to supply the Designated Units hereunder during the next succeeding Fuel Supply Period, or until the Parties have agreed to and executed a Fuel Supply Plan for such Fuel Supply Period. However, in the event that the Parties are involved in good faith negotiations with respect to a Fuel Supply Plan for a Fuel Supply Period, then Party B may elect to, and upon making such election Party B shall, provide Gas necessary to supply the Designated Units hereunder until (x) the Parties have agreed to and executed a Fuel Supply Plan for such Fuel Supply Period, (y) the Parties have discontinued negotiations with respect to the Fuel Supply Plan for such Fuel Supply Period, or
Appears in 1 contract
Samples: Master Power Purchase and Sale Agreement Confirmation Letter
Parties' Failure to Execute Fuel Supply Plan. (i) In the event the Parties do not agree to a adopt the HDPP Fuel Supply Plan as proposed by HDPP or agreed upon by HDPP and CDWR by sixty (60) Days prior to the next commencement of the initial Fuel Supply Period or any succeeding Fuel Supply Period, Party B CDWR may elect, at Party BCDWR’s sole option, to provide, or cause to be provided, for the next initial and any succeeding Fuel Supply Period, as appropriate, Gas necessary Fuel to supply the Designated Units hereunder Project from Party BCDWR’s own Gas purchasesFuel purchases (a "CDWR Fuel Plan"). Party BCDWR’s election to provide, or cause to be provided, Gas Fuel to the Designated Units Project under this Section 6(c)(iSpecial Condition 12(b) shall be expressed in writing to Party A HDPP by no later than thirty (30) Days prior to the commencement of the next initial or any succeeding Fuel Supply Period.. Any CDWR Fuel Plan shall incorporate, and CDWR hereby agrees that it will be obligated to observe as terms of this Agreement, the following requirements and provisions:
1. CDWR or its designee shall be obligated to deliver Fuel to the Project at the meter and regulator facilities at which the High Desert Lateral interconnects with the Kern River Gas Transmission Company/Mojave Pipeline Company "Joint Facilities" and/or with the Pacific Gas & Electric Company "Line 300" in the vicinity of Xxxxxx Junction, California (the "Fuel Delivery Points"), subject, however, to the conditions on deliveries into the High Desert Lateral from Line 300 relating to prevailing line pressures that are set forth in Exhibit "A" to the Transportation Service Agreement between Victorville-Gas, LLC and Kern River Gas Transmission Company under Rate Schedule KRF-L1;
2. CDWR or its designee shall be responsible and liable for (i) all costs and charges associated with CDWR's use of any gas transmission or storage facilities upstream of the High Desert Lateral in making deliveries of Fuel to the Project, including, but not limited to, any Extended-Term Obligations entered into pursuant to Special Condition 12(f), (ii) If nominating and scheduling Fuel for transportation to the Parties do not agree Fuel Delivery Points over any gas transmission or storage facilities upstream of the Fuel Delivery Points, on a Fuel Supply Plan day-ahead and Party B does not timely elect to provide Gas to the Designated Units from Party B’s own Gas purchases pursuant to Section 6(c)(i)intra-day basis, Party A will provide, pursuant to the Default Fuel Supply Plan, Gas necessary to supply the Designated Units hereunder during the next succeeding Fuel Supply Period, or until the Parties have agreed to and executed a Fuel Supply Plan for such Fuel Supply Period. However, in the event that the Parties are involved in good faith negotiations (iii) except with respect to circumstances involving a forced outage of the Project, all penalties, charges, surcharges, cash-out charges or other costs associated with (a) imbalances between scheduled quantities and quantities (calculated using the Heat Rate) taken to support generation at the Project in accordance with CDWR's dispatch instructions given in accordance with this Agreement and (b) flows in excess of contract or tariff limits, on the High Desert Lateral and any gas transmission or storage facilities upstream of the Fuel Supply Plan for a Fuel Supply Period, then Party B may elect toDelivery Points, and upon making (iv) compliance with all applicable provisions of Kern River Gas Transmission Company's then-effective FERC Gas Tariff and the then- effective tariffs of any providers of gas transmission or storage services furnished upstream of the Fuel Delivery Points in connection with deliveries under the CDWR Fuel Plan to the Project;
3. CDWR or its designee shall perform the function of fuel manager for the term of the CDWR Fuel Plan, and neither HDPP nor any affiliate of HDPP shall have any responsibility or liability for performance of or failure to perform any fuel manager function relating to the Project for the term of such election Party B shallCDWR Fuel Plan; and
4. CDWR and its designee shall release HDPP and its affiliates, provide Gas necessary officers, employees and agents from, and neither HDPP nor its affiliates, officers, employees and agents shall have, liability for any consequences of CDWR's failure to supply the Designated Units hereunder until (x) the Parties have agreed deliver Fuel or cause Fuel to and executed a Fuel Supply Plan for such Fuel Supply Period, (y) the Parties have discontinued negotiations with respect be delivered to the Fuel Supply Plan Delivery Points including, but not limited to, liability for such Fuel Supply Periodpayment of damages, orfor costs of Substitute Energy obtained to substitute for energy that would have been generated by the Project, or for refund or credit of any Capacity Payment theretofore or thereafter paid or owed by CDWR pursuant to this Agreement.
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Parties' Failure to Execute Fuel Supply Plan. (i) In the event the Parties do not agree to a Fuel Supply Plan by sixty (60) Days prior to the next succeeding Fuel Supply Period, Party B may elect, at Party B’s 's sole option, to provide, or cause to be provided, for the next succeeding Fuel Supply Period, as appropriate, Gas necessary to supply the Designated Units hereunder from Party B’s 's own Gas purchases. Party B’s 's election to provide, or cause to be provided, Gas to the Designated Units under this Section 6(c)(i) shall be expressed in writing to Party A no later than thirty (30) Days prior to the commencement of the next succeeding Fuel Supply Period.
(ii) If the Parties do not agree on a Fuel Supply Plan and Party B does not timely elect to provide Gas to the Designated Units from Party B’s 's own Gas purchases pursuant to Section 6(c)(i), Party A will provide, pursuant to the Default Fuel Supply Plan, Gas necessary to supply the Designated Units hereunder during the next succeeding Fuel Supply Period, or until the Parties have agreed to and executed a Fuel Supply Plan for such Fuel Supply Period. However, in the event that the Parties are involved in good faith negotiations with respect to a Fuel Supply Plan for a Fuel Supply Period, then Party B may elect to, and upon making such election Party B shall, provide Gas necessary to supply the Designated Units hereunder until (x) the Parties have agreed to and executed a Fuel Supply Plan for such Fuel Supply Period, (y) the Parties have discontinued negotiations with respect to the Fuel Supply Plan for such Fuel Supply Period, oror (z) Party B has elected pursuant to Section 6(c)(i) to provide Gas to the Designated Units from Party B's own Gas purchases.
(iii) In the event the Parties have not agreed to and executed a Fuel Supply Plan, Party B has not elected to provide Gas to the Designated Units from Party B's own Gas purchases for the entire Fuel Supply Period pursuant to Section 6(c)(i), Party B has not elected to supply Gas from its own Gas purchases during continuing negotiations with respect to a Fuel Supply Plan pursuant to Section 6(c)(ii), and Party A is unable, using commercially reasonable efforts, at any time during the Fuel Supply Period, to provide Gas necessary to supply the Designated Units hereunder, then Party B will provide Gas necessary to supply the Designated Units hereunder. In the event Party A is unable to provide Gas necessary to supply the Designated Units hereunder, and Party B is unable to provide Gas necessary to supply the Designated Units hereunder, such inability to provide Gas shall constitute a Force Majeure.
Appears in 1 contract
Parties' Failure to Execute Fuel Supply Plan. (i) In the event the Parties do not agree on an Initial Fuel Supply Plan, or do not agree to a Fuel Supply Plan other than the Initial Fuel Supply Plan by sixty (60) Days prior to the next succeeding Fuel Supply Period, Party B Department may elect, at Party BDepartment’s sole option, to provide, or cause to be provided, for the next succeeding Fuel Supply Period, as appropriate, Gas necessary Fuel to supply the Designated Units hereunder Facility from Party BDepartment’s own Gas Fuel purchases. Party BDepartment’s election to provide, or cause to be provided, Gas Fuel to the Designated Units Facility under this Section 6(c)(i2.05(c) shall be expressed in writing to Party A Seller no later than thirty (30) Days prior to the commencement of the next succeeding Fuel Supply Period.
(ii) . If the Parties do not agree on a Fuel Supply Plan and Party B Department does not timely elect to provide Gas Fuel to the Designated Units Facility from Party BDepartment’s own Gas purchases pursuant to Section 6(c)(i)Fuel purchases, Party A Seller will provide, pursuant to from the Default Spot Market, Fuel Supply Plan, Gas necessary to supply for the Designated Units delivery of Energy hereunder during the next succeeding Fuel Supply Period, or until the Parties have agreed to and executed a Fuel Supply Plan for such Fuel Supply Period. However, in In the event that the Parties are involved in good faith negotiations with respect to a Fuel Supply Plan for a Fuel Supply Period, then Party B may elect to, and upon making such election Party B shall, provide Gas necessary to supply the Designated Units hereunder until (x) the Parties have not agreed to and executed a Fuel Supply Plan for such Plan, Department has not elected to provide Fuel to the Facility from Department’s own Fuel purchases, and Seller is unable, using commercially reasonable efforts, at any time during the Fuel Supply Period, (y) to provide Fuel necessary for the Parties have discontinued negotiations with respect delivery of Energy hereunder from the Spot Market, then Department will provide Fuel necessary for the delivery of Energy hereunder. In the event Seller is unable to provide Fuel necessary for the delivery of Energy hereunder from the Spot Market, and Department is unable to provide Fuel Supply Plan necessary for the delivery of Energy hereunder, such inability to provide Fuel Supply Period, orshall constitute an Uncontrollable Force.
Appears in 1 contract
Samples: Power Purchase Agreement
