Common use of Payments during Outages Clause in Contracts

Payments during Outages. (a) Subject to Section 6.5(b), during a Planned Outage or a Forced Outage, that portion of the Contracted DER that is experiencing the Outage will be subject to the Availability Charges for each of Local Capacity and Reserve, which charges shall be applied for the duration of the Planned Outage or the Forced Outage, as applicable, and in the event the Participant fails to submit an Outage Notice within the prescribed timelines, the Participant may be subject to the Dispatch Charge or the Capacity Charge, or both in the event the Contracted DER is activated. (b) In the event the Contracted DER experiences a Forced Outage caused due to an event of Force Majeure, Article 11 (Force Majeure) shall apply. (c) In the event the Participant disputes some or all of the Non-performance Charges incurred due to a Forced Outage, the Participant may request an adjustment to such Non- performance Charges using the process outlined in Exhibit E – Form of Notice of Disagreement and the DSO may, in its discretion, waive the Dispatch Charge or the Capacity Charge or both.

Payments during Outages. (a) Subject to Section 6.5(b), during a Planned Outage or a Forced Outage, that portion of the Contracted DER that is experiencing the Outage will be subject to the Availability Charges ChargeCharges for each of Local Capacity and Reserve, which charges chargecharges shall be applied for the duration of the Planned Outage or the Forced Outage, as applicable, and in the event the Participant fails to submit an Outage Notice within the prescribed timelines, the Participant may be subject to the Dispatch Charge or the Capacity Charge, or both in the event the Contracted DER is activated.activated.‌‌‌‌‌‌ (b) In the event the Contracted DER experiences a Forced Outage caused due to an event of Force Majeure, Article 11 (Force Majeure) shall apply.apply.‌ (c) In the event the Participant disputes some or all of the Non-performance Charges incurred due to a Forced Outage, the Participant may request an adjustment to such Non- Non-performance Charges using the process outlined in Exhibit E – Form of Notice of Disagreement and the DSO may, in its discretion, waive the Dispatch Charge or the Capacity Charge or both.both.‌

Payments during Outages. (a) Subject to Section 6.5(b), during a Planned Outage or a Forced Outage, that portion of the Contracted DER that is experiencing the Outage will be subject to the Availability Charges ChargeCharges for each of Local Capacity and Reserve, which charges chargecharges shall be applied for the duration of the Planned Outage or the Forced Outage, as applicable, and in the event the Participant fails to submit an Outage Notice within the prescribed timelines, the Participant may be subject to the Dispatch Charge or the Capacity Charge, or both in the event the Contracted DER is activated. (b) In the event the Contracted DER experiences a Forced Outage caused due to an event of Force Majeure, Article 11 (Force Majeure) shall apply. (c) In the event the Participant disputes some or all of the Non-performance Charges incurred due to a Forced Outage, the Participant may request an adjustment to such Non- Non-performance Charges using the process outlined in Exhibit E – Form of Notice of Disagreement and the DSO may, in its discretion, waive the Dispatch Charge or the Capacity Charge or both.

Payments during Outages. ‌ (a) Subject to Section 6.5(b), during a Planned Outage or a Forced Outage, that portion of the Contracted DER that is experiencing the Outage will be subject to the Availability Charges for each of Local Capacity and Reserve, which charges shall be applied for the duration of the Planned Outage or the Forced Outage, as applicable, and in the event the Participant fails to submit an Outage Notice within the prescribed timelines, the Participant may be subject to the Dispatch Charge or the Capacity Charge, or both in the event the Contracted DER is activated. (b) In the event the Contracted DER experiences a Forced Outage caused due to an event of Force Majeure, Article 11 (Force Majeure) shall apply. (c) In the event the Participant disputes some or all of the Non-performance Charges incurred due to a Forced Outage, the Participant may request an adjustment to such Non- performance Charges using the process outlined in Exhibit E – Form of Notice of Disagreement and the DSO may, in its discretion, waive the Dispatch Charge or the Capacity Charge or both.