Common use of Planned Outage Clause in Contracts

Planned Outage. Seller’s obligations to deliver Product at the Contract Quantity and pay the Variable Settlement at the Payment Quantity shall be reduced proportionately by the amount of any Planned Outage, as long as Seller complies with the Planned Outage scheduling obligations as described in Section 6. If Seller fails to comply with the Planned Outage scheduling obligations as described in the Scheduling Outages section, then Seller shall be liable for damages and/or indemnify Buyer for penalties, fines or costs. (b) Reduction in NQC and/or EFC. Seller’s obligations to deliver Product at the Contract Quantity and pay the Variable Settlement at the Payment Quantity shall be reduced proportionately by the amount of reduction in the Project’s NQC and/or EFC, as determined by CAISO or Governmental Authority.

Planned Outage. Seller’s obligations to deliver Product at the Contract Quantity and pay the Variable Settlement at the Payment Quantity shall be reduced proportionately by the amount of any Planned Outage, as long as Seller complies with the Planned Outage scheduling obligations as described in Section 6. If Seller fails to comply with the Planned Outage scheduling obligations as described in the Scheduling Outages section, then Seller shall be liable for damages and/or indemnify Buyer for penalties, fines or costs. (b) Reduction in NQC and/or EFC. Seller’s obligations to deliver Product at the Contract Quantity and pay the Variable Settlement at the Payment Quantity shall be reduced proportionately by the amount of reduction in the Project’s NQC and/or EFC, as determined by CAISO or Governmental Authority.