Right to Project / Contracted Capacity Sample Clauses

Right to Project / Contracted Capacity. 4.4.1 MSEDCL, in any Contract Year, shall not be obliged to off-take any capacity beyond/ over and above Contracted Capacity. Moreover, during a day in any Contract year, BESSD shall not be asked as well as BESSD shall not be allowed to schedule for more than 1 Cycles / day. For the purpose of this Agreement, Cycle shall mean charging of the XXXX up to the Contracted capacity followed by discharge of such stored energy including any intervening recovery time as specified in Schedule- A of this Document. The BESSD shall not use the Contracted Capacity for any purpose other than that specified in this Agreement. 4.4.2 Subsequent to commissioning of the Project, for any Contract Year, the BESSD shall be required to maintain and demonstrate the following performance parameters: 4.4.2.1 Minimum Annual Average Availability of 95%: During any Contract Year for the Contracted Capacity, BESSD shall be required to maintain minimum annual average availability of 95%. The Monthly Average Availability shall be calculated for each month. On the basis of monthly Availability, average of each month taken for calculation of Annual Average Availability. While considering Annul Average availability, only lesser then 95% or up to 95% Monthly Average Availability to be added to derive the Annual Average Availability. The illustration is provided as under, Illustration: Month Monthly Average Availability Monthly Average Availability for Calculation Annual Average Availability = {∑(Monthly Average Availability)}/ 12 1 95% 95% = (95%+95%+93%+95%+93% +95%+95%+92%+95%+95%+ 91%+90%)/12 =93.66% ~94% If Annual Average Availability found lesser then minimum requirement than the liquidated damages shall be applicable twice the capacity charges. Annual Average Availability shall be calculated as per methodology given in Schedule-A. In case of shortfall in meeting the above criteria, the BESSD shall be levied liquidated damages for such shortfall and shall duly pay such damages to MSEDCL. Amount of such liquidated damages shall be twice the Capacity Charges (Capacity Charges shall mean Applicable Tariff as defined under Article 9 of the BESPA) for the capacity not made available. The Liquidated damages for shortfall of Annual Average Availability shall be applicable at the end of each Year and shall be deducted from the invoices raised by the BESSD. The Minimum Annual Average Availability as specified above, shall however be relaxable by MSEDCL to the extent of grid non-availability for e...
Sample 1
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Right to Project / Contracted Capacity. 4.4.1 GUVNL, in any Contract Year except for the Contract Year ending on 31st March immediately after COD of the Project, shall not be obliged to off-take any capacity beyond / over and above Contracted Capacity. Moreover, during a day in any Contract year, BESSD shall not be asked as well as BESSD shall not be allowed to schedule for more than 2 Cycles / day. For the purpose of this Agreement, Cycle shall mean charging of the XXXX upto the Contracted capacity followed by discharge of such stored energy including any intervening resting period as specified in the RfS Document. The BESSD shall not use the Contracted Capacity for any purpose other than that specified in this Agreement. 4.4.2 Subsequent to commissioning of the Project, for any Contract Year, the BESSD shall be required to maintain and demonstrate the following performance parameters: a) Minimum Annual Average Availability of 95%: During any Contract Year for the Contracted Capacity, BESSD shall be required to maintain minimum annual average availability of 95%. Annual Average Availability shall be calculated as per methodology given in the RfS. In case of shortfall in meeting the above criteria, the BESSD shall be levied liquidated damages for such shortfall and shall duly pay such damages to GUVNL. Amount of such liquidated damages shall be twice the Capacity Charges (Capacity Charges shall mean Applicable Tariff as defined under Article 9 of the BESPA) for the capacity not made available. The Minimum Annual Average Availability as specified above, shall however be relaxable by GUVNL to the extent of grid non-availability for evacuation which is beyond the control of the BESSD (as certified by the SLDC) and / or upon occurrence of Force Majeure event as identified in BESPA (and occurrence of such Force Majeure event(s) has been mutually agreed) and affecting availability and supply of Contracted Capacity.
Sample 1

Related to Right to Project / Contracted Capacity

  • Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.

  • Independent Capacity of Contractor The Contractor and Contractor Parties shall act in an independent capacity and not as officers or employees of the state of Connecticut or of the Agency.

  • INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract. The CONTRACTOR and his or her employees or agents performing under this contract are not employees or agents of the AGENCY. The CONTRACTOR will not hold himself/herself out as or claim to be an officer or employee of the AGENCY or of the State of Washington by reason hereof, nor will the CONTRACTOR make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with the CONTRACTOR.

  • Interconnection Customer’s Interconnection Facilities The Interconnection Customer shall design, procure, construct, install, own and/or control the Interconnection Customer’s Interconnection Facilities described in Appendix A at its sole expense.

  • Power and Capacity The Shareholder has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes the Shareholder’s valid, legal and binding obligation and is enforceable against the Shareholder in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights;

  • Interconnection Customer Obligations The Interconnection Customer shall maintain the Large Generating Facility and the Interconnection Customer’s Interconnection Facilities in a safe and reliable manner and in accordance with this LGIA.

  • Capacity/Independent Contractor In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

  • FREQUENCY AND CAPACITY LEVELS No restriction on frequency, capacity or aircraft type.

  • Interconnection Customer (1) Interconnection Customer shall construct and, unless otherwise indicated, shall own, the following Interconnection Facilities: None (2) In the event that, in accordance with the Interconnection Construction Service Agreement, Interconnection Customer has exercised the Option to Build, it is hereby permitted to build in accordance with and subject to the conditions and limitations set forth in that Section, the following portions of the Transmission Owner Interconnection Facilities which constitute or are part of the Customer Facility: None Ownership of the facilities built by Interconnection Customer pursuant to the Option to Build shall be as provided in the Interconnection Construction Service Agreement.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

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