Planned Shutdowns. For the purpose of this Agreement, a planned shutdown (“Planned Shutdown(s)”) shall mean the shutting down of a relevant plant for the purpose of scheduled/regular maintenance activities and which is typically scheduled once every 4 to 6 years’ period. The Parties shall keep each other informed as early as possible about any Planned Shutdowns, major technical projects, capital expenditures and any other major events which in each case are relevant to the supply or cost of any SUMF Item and/or that may impact the ability to deliver or take delivery of SUMF Items with details as to the scheduled dates and duration of such shutdowns. A written notification before the end of September in the year prior to the year of the Planned Shutdown, or a minimum of nine (9) months written notification prior to a Planned Shutdown, whichever is the longer, must be given to the other Party prior to a Planned Shutdown in the subsequent year, unless agreed otherwise by the Parties. The monthly quantities for supply in the affected months during the Planned Shutdown shall be discussed and any quantities to be delivered during those months notwithstanding the Planned Shutdown shall be as agreed between the Parties. Each Party shall take such Reasonable Actions within its control so as to minimise the impact to the other Party of any Planned Shutdown , (i.e. to the extent reasonably possible, limit the total Planned Shutdowns in any given period as much as possible to no more than forty (40) days in any period of four (4) consecutive years), major technical project, capital expenditure and any other major event which may adversely impact the supply of any SUMF Item, without prejudice to health, safety, security and environmental standards. The Parties shall keep each other timely informed of any adjustments or changes to these plans. As part of this optimization, a process will be agreed between the Parties, in which any Planned Shutdowns and/or maintenance activities are discussed and each Party’s proposals shall be taken into account when planning any shutdown.
Planned Shutdowns. APC shall have the right to shut down the operation of the Facility for maintenance purposes whenever, in APC's reasonable judgment, such shutdown is desirable to prevent an unscheduled outage, or to perform regular or necessary maintenance, repair or replacement, or to prevent damage to or loss of persons, property or equipment. Such shutdowns shall have no effect on APC's obligations under Section 3.7 to deliver Steam to OCF; provided, however, APC shall have no obligation to deliver Steam if the generation and/or delivery of such Steam could, in the reasonable judgment of APC, cause Material damage to or loss of persons, property or equipment, or in any event, during an event of Force Majeure.
Planned Shutdowns. Landlord and Tenant agree that Tenant will not be required to participate in any planned business shutdowns of the Project as has been the custom of Landlord for its business in previous years; provided, however that Tenant shall be required to participate in such planned shutdown if Landlord needs to shut down the Project in order to comply with its obligations under this Lease with respect to repair and maintenance of the Premises and/or the Common Areas or to provide the Services specified herein as to comply with Legal Requirements or Environmental Laws. If Landlord’s business requires a planned shutdown at any time and Tenant is not required to participate in the shutdown, Tenant will have access to its Premises and Landlord will continue to provide the Services to the Premises that Landlord normally provides after business hours and on holidays only.
Planned Shutdowns. The detailed procedures for Planned Shutdowns shall be addressed in the Coordination Procedures; provided, however, that, in the event the Coordination Procedures are not finally agreed upon by the Parties as of the Effective Date, the Parties shall use reasonable efforts to develop and finalize the Coordination Procedures as soon as practicable thereafter. Steam Purchaser and Project Company will coordinate Planned Shutdowns of their respective facilities to the extent practicable, including, without limitation (i) the avoidance, to the greatest extent commercially feasible, of a Planned Shutdown of the Facilities other than during a Planned Shutdown of the Manufacturing Plant, and (ii) the coordination of alternate sources of Steam for Steam Purchaser. With at least thirty (30) days prior notice to Project Company, Steam Purchaser may schedule a suspension or reduction in Steam during periods of planned inspections, maintenance, or repair of Steam Purchaser Plant, subject to the terms of Section 3.1
Planned Shutdowns. Zone A Meter Station and JVWCD Zone A Pipe- line. JVWCD may temporarily shut-down the Zone A Meter Station and JVWCD Zone A Pipeline for maintenance, repairs and replacements; provided, unless otherwise agreed by the parties, (i) that JVWCD provides at least 30 days’ notice (or longer, if feasible) to Kennecott, (ii) that JVWCD coordinates such planned, temporary shutdowns with Xxx- necott to allow coordination for planned shutdowns of the Zone A Plant, (iii) that the ac- tual annual production of Treated Water from the Zone A Plant shall not be reduced be- low 3150 acre feet as a result of such planned, temporary shutdowns, (iv) JVWCD shall use all reasonable efforts to avoid planned shutdowns between June and September, and
Planned Shutdowns. Kennecott may temporarily shut-down the Tailings Impoundment and/or other facilities for maintenance, repairs and replacements; provided, that if the shutdown will adversely affect JVWCD’s ability to deliver Deep Well Concen- trates to Kennecott pursuant to Section 8.2, Kennecott shall, unless otherwise agreed by the parties, (i) provide at least 30 days’ notice (or longer, if feasible) to JVWCD, (ii) co- ordinate such planned, temporary shutdowns with JVWCD, (iii) use all reasonable efforts to avoid planned shutdowns between June and September, and (iv) use all reasonable ef- forts to limit such shutdowns to a total of 20 days or less in any calendar year. Any such shutdown shall not be deemed to be a breach of this Project Agreement and shall not cre- ate any liability on the part of Kennecott.
