Sale and Purchase of Energy and Capacity. (a) Subject to the terms of this Agreement (including the Technical Limits), from and after the Commercial Operations Date, the Company shall:
(i) make available to the Power Purchaser the Declared Available Capacity at the Contract Capacity (adjusted to then-prevailing Ambient Site Condition);
(ii) deliver and sell to the Power Purchaser at the Connection Point the Despatched Net Electrical Output; and
(iii) provide to NTDC the Ancillary Services.
(b) Subject to and in accordance with the terms of this Agreement (including the Technical Limits), the Power Purchaser shall:
(i) from and after the Commercial Operations Date, pay to the Company for the Declared Available Capacity, the consideration described in Article IX and determined in accordance with the provisions described in Schedule 1;
(ii) from and after the Commercial Operations Date take delivery of and pay to the Company for the Despatched and Delivered Net Electrical Output, the consideration described in Article IX and determined in accordance with the provisions described in Schedule 1;
(iii) prior to the Commercial Operations Date take delivery of and pay to the Company for the Net Electrical Output generated by the Complex following synchronization of the Complex with the Grid System, the consideration described in Section 8.7 and determined in accordance with the provisions described in Schedule 1; and
(iv) from and after the Commercial Operations Date take delivery of and pay for the Net Electrical Output generated during Capacity Tests carried out under Section 8.3 and Section 8.4, the consideration described in Section 8.7 and determined in accordance with the provisions of Schedule 1.
(c) For the avoidance of doubt, in no event shall the Power Purchaser have any obligation to pay for any electric energy produced by the Complex prior to the synchronization of the Complex with the Grid System or during any testing of the Complex not provided for in Article VIII after the Commercial Operations Date.
Sale and Purchase of Energy and Capacity. 2.1 Sale by the Company and Purchase by GPL
2.2 Sale by GPL and Purchase by the Company Subject to, and in accordance with the terms of this Agreement and the applicable standard terms and conditions of contract governing the supply of electricity to GPL’s customers, GPL shall make available and sell to the Company, and the Company may purchase from GPL, capacity, and energy, in accordance with applicable rate schedules, as determined by the Public Utilities Commission (hereinafter referred to as “the PUC”), for the purpose of project construction only.
Sale and Purchase of Energy and Capacity. Seller shall produce, supply and sell to Company and Company shall take from and pay Seller for the Demonstrated Firm Capacity and Net Electric Energy Output as determined in accordance with the terms and conditions of this Agreement.
Sale and Purchase of Energy and Capacity. 2.1 Sale by the Company and Purchase by JPS
Sale and Purchase of Energy and Capacity. 31 Section 3.1 Sale and Purchase of Energy and Capacity 31 Section 3.2 Power Purchaser’s Exclusive Right to Energy and Capacity 32 ARTICLE IV CONSTRUCTION OF THE COMPLEX 33 Section 4.1 Construction of the Complex 33 Section 4.2 Submission of Reports and Information 33 Section 4.3 Delivery of Electrical Power 35 Section 4.4 Power Purchaser Observation Visits 35 ARTICLE V CONTROL AND OPERATION OF COMPLEX 37 Section 5.1 Operation and Maintenance of the Complex 37 Section 5.2 Estimated Energy Requirements 37 Section 5.3 Declared Available Capacity 38 Section 5.4 Despatch Instructions and Delivery of Net Electrical Output 39 Section 5.5 Scheduled Outage Periods 40 Section 5.6 Maintenance Outages 42 Section 5.7 Recording of Communications 42 Section 5.8 Emergency Set-Up and Curtailment Plans 42 Section 5.9 Supply of Power in Emergency 43 Section 5.10 Employment of Qualified Personnel 43 Section 5.11 Operating Committee Duties 44 Section 5.12 Maintenance of Operating Records 44 Section 5.13 Notification of Maintenance Months and Period Weighing Factors 45 Section 5.14 Adequate Fuel Supply and Inventory; Fuel Supply Agreement 46 Section 5.15 Tampering with the Metering System 46 Section 5.16 Cessation of Operation of the Complex 46 Section 5.17 Free of Liens 48 ARTICLE VI INTERCONNECTION FACILITIES 49 Section 6.1 Construction of the Company Interconnection Facilities 49 Section 6.2 NTDC Interconnection Facilities 49 Section 6.3 Data Necessary for Construction of NTDC Interconnection Facilities 50 Section 6.4 Granting of Easements and Right-of-Way 50 Section 6.5 Construction and Completion of NTDC Interconnection Facilities 51 Section 6.6 Protective Devices 53 Section 6.7 Testing 54 ARTICLE VII METERING AND TELECOMMUNICATIONS 55 Section 7.1 Metering Systems 55 Section 7.2 Installation of Metering Systems 55 Section 7.3 Testing of Metering System 56 Section 7.4 Reading Meters 57 Section 7.5 Sealing of Metering Systems 59
Sale and Purchase of Energy and Capacity. 2.1 Operator agrees to sell, and North Carolina Power agrees to purchase, the Net Electrical Output of the Facility, but only to the extent that the Facility is Dispatched by North Carolina Power, and subject to the terms and conditions of this Agreement.
2.2 Operator agrees to sell, and North Carolina Power agrees to purchase, Delivered Capacity from the Facility, subject to the terms and conditions of this Agreement.
2.3 The Parties agree that Operator has fulfilled its obligation to provide the information, documentation and other materials required pursuant to Section 2.3 of the Second Amendment and Restatement.
2.4 Operator has provided North Carolina Power, within ninety (90) Days after the Commercial Operations Date, a copy of a completion certificate issued by a widely recognized engineering firm that was acting as unaffiliated independent engineer for the lenders representing to the lenders, after construction was substantially completed, that the constructed Facility, if maintained in accordance with Prudent Electrical Practices, Prudent Utility Practices, and the terms of this Agreement could be reasonably expected to have a useful life at least equal to the Initial Term.
2.5 The information, documentation and other materials referred to in Section 2.3 are for North Carolina Power’s use in administering this Agreement only.
Sale and Purchase of Energy and Capacity. 2.1 Subject to the terms and conditions of this Agreement, including without limitation Virginia Power's right to Dispatch the Facility off-line, Operator agrees to sell and Virginia Power agrees to purchase the Net Electrical Output of the Facility, whenever produced.
2.2 Except as otherwise provided herein, and subject to other terms hereof, Operator agrees to sell and Virginia Power agrees to purchase Dependable Capacity from the Facility after the Commercial Operations Date as determined pursuant to Article 11.
2.3 Notwithstanding anything in this Agreement to the contrary, and without limiting any other obligations of Operator in this Agreement, Virginia Power's obligation to purchase Net Electrical Output and Dependable Capacity from Operator at the rates specified in Article 10 is contingent upon Operator's submittal to Virginia Power of all the following:
(a) Evidence demonstrating that Operator has title to the Facility site or a lease of the Facility site allowing for the construction and operation of the Facility for the Term of this Agreement.
(b) No later than Financial Closing, a report by the financing institution's independent engineer stating that the Facility, if operated and maintained in accordance with Prudent Electrical Practices and Prudent Utility Practices, can be reasonably expected to have a useful life at least equal to the Term of this Agreement. Such a report should include EPC Contractor's Scope documents; major equipment specifications; preliminary heat, water and mass balance diagrams; plant general arrangement drawings; electrical one-lines; soil reports; air and water preliminary support documents; and preliminary AGC interface logic.
(c) No later than the Commercial Operations Date, documents and other evidence demonstrating that the Facility has been constructed in compliance with the terms of this Agreement and the information submitted pursuant to Section 2.3(b).
(d) No later than the Initial Synchronization Date, evidence that the Operator is in compliance with Section 4.1(a)(3) hereof.
(e) No later than Construction Start, certificates of insurance coverage, copies of insurance policies or evidence of self-insurance as required or permitted by Article 12.
(f) No later than the Initial Synchronization Date, evidence that Operator has obtained all necessary permits, licenses, approvals and other governmental authorizations needed to generate and transmit electricity from the Facility to Virginia Power.
(g) No later th...
Sale and Purchase of Energy and Capacity. 2.1 Operator agrees to sell, and DNCP agrees to purchase, all of the Net Electrical Output or Substitute Energy, subject to the terms and conditions of this Agreement.
2.2 Operator agrees to sell, and DNCP agrees to purchase, all of the Dependable Capacity, subject to the terms and conditions of this Agreement.
2.3 The Parties agree that Operator has fulfilled its obligation to provide the information, documentation and other materials required pursuant to Section 2.3 of the ROVA 1 Agreement and Section 2.3 of the ROVA 2 Agreement.
2.4 DNCP has the exclusive rights to all energy and capacity from the Facility and to sell NEO into the PJM Day-ahead Market, the PJM Real Time Market and the PJM ancillary services market.
2.5 The information, documentation and other materials referred to in Section 2.3 are for DNCP’s use in administering this Agreement only.
2.6 DNCP’s purchase of NEO of the Facility or Substitute Energy is solely for the purpose of meeting DNCP’s load requirements, and, accordingly, DNCP may not purchase any NEO or Substitute Energy for resale it determines to be in excess of these load requirements.
Sale and Purchase of Energy and Capacity. Subject to the terms and conditions of this Agreement, Seller shall sell, make available, and deliver, and Purchaser shall purchase and accept, (a) on and after the later to occur of (i) the Delivery Start Date or (ii) the Commercial Operation Date, and for the Term of this Agreement, the Contract Capacity, Net Electrical Output, and other services as described in Section 7.4 as Dispatched by Purchaser in accordance with Section 6.2; and (b) on and after the Delivery Start Date, Replacement Power provided by Seller pursuant to Section 3.2 or Section 6.4.
Sale and Purchase of Energy and Capacity. 2.1 Operator agrees to sell and North Carolina Power agrees to purchase the Net Electrical Output of the Facility but only to the extent that the Facility is subject to Economic Dispatch by North Carolina Power and subject to the Terms and Conditions of this Agreement.
2.2 Except as otherwise provided herein, and subject to other terms hereof, Operator agrees to sell and North Carolina Power agrees to purchase Dependable Capacity from the Facility as determined pursuant to Article 11 - Testing and Capacity Ratings.
2.3 Notwithstanding anything in this Agreement to the contrary, and without limiting any other obligations of Operator in this Agreement, North Carolina Power's obligation to purchase energy and Dependable Capacity from Operator at the rates specified in Article 10 is contingent upon Operator's submittal to North Carolina Power of all the following:
a) Documents and other evidence demonstrating that Operator has the right to operate the Facility and deliver the electricity for the Term of this Agreement.
