Sale of Energy. Subject to and in accordance with the terms and conditions set out in this Agreement, during the Early Operating Period and the Operating Period:
5.1.1 the Seller shall sell all the Early Operating and Commercial Energy generated by a Facility Unit to the Buyer (in its capacity as system operator) at the Delivery Point, on a self-dispatch basis, and subject only to the Codes and the standards of a Reasonable and Prudent Operator;
5.1.2 the Buyer (in its capacity as system operator) shall pay for the Early Operating Energy and for Commercial Energy delivered by the Seller to the Delivery Point;
5.1.3 the Buyer (in its capacity as system operator) shall ensure that the System is subject to the relevant Codes and the Connection Agreement, in such a way that the Facility Unit can self-dispatch. The operation of the System in a manner not required or permitted by the relevant Codes and/or the Connection Agreement shall be dealt with as a Curtailment in terms of clause 14 (Consequences of a System Event) to the extent that the Facility Unit is prevented or hindered from being self-dispatched, unless this is caused by any natural force or event or an act or omission of the Seller or a Contractor; and
5.1.4 subject to clause 14 (Consequences of a System Event) and clause 15 (Consequences of a Compensation Event), the Buyer (in its capacity as system operator) shall pay the Deemed Energy Payment that is payable in respect of the Deemed Energy in accordance with Schedule 5 (Deemed Energy Payment).
5.1.5 The Seller shall be responsible for the costs of all infrastructure to connect the generation plant to the distribution network up to the metering point of the buyer.
Sale of Energy. In the event that any state or local taxes are assessed against the consumption of energy, Purchaser shall either pay or reimburse Provider for all such amounts due, including any taxes assessed thereon except any federal or state income taxes imposed on Provider based on such sales.
Sale of Energy not covered by this contract
Sale of Energy. Subject to and in accordance with the terms and conditions set out in this
5.1 the Seller shall generate and sell all the Commercial Energy to the Buyer, on a self-dispatch basis at the Delivery Point(s), and subject to the Codes and the standards of a Reasonable and Prudent Operator;
5.2 the Buyer shall pay the Commercial Energy Payment for the Commercial Energy delivered by the Seller to the Delivery Point(s); and title in, and risk of loss of, all Commercial Energy sold to the Buyer in accordance with clause 5.1, shall pass to the Buyer at the Delivery Point(s).
5.3 For the avoidance of doubt, it is understood by the Seller that during the Term of this Agreement the Commercial Energy that can be generated is capped to the lesser of the Contracted Capacity or the Maximum Contract Value. This shall mean that if the Maximum Contract Value is reached, notwithstanding that Term of this Agreement may not have expired, no further Commercial Energy can be generated and delivered pursuant to this Agreement and Eskom shall not be liable for any such Energy. In the event the Maximum Contract Value is reached this Agreement shall automatically terminate with immediate effect.
5.4 The Seller confirms that at all times during this Agreement the Net Energy Output shall be maintained to satisfy at least 80% of the Contracted Generation Profile. If the Seller, for any Contract Review Period, fails to maintain the Net Energy Output to at least 80% the Contracted Generation Profile for the Contract Review Period, the Maximum Contract Value for the remaining Term of the Agreement may at the Buyer’s discretion be proportionately reduced. In determining the proportional reduction, the Buyer will discuss with the Seller to understand the root cause of the underperformance. For the avoidance of doubt, the Buyer may, at its discretion, apply the reduction (to the Maximum Contract Value) in any/all of the following manners:
5.4.1 retrospectively claw back the unutilised (i.e. due to the historical underperformance) portion of Maximum Contract Value for the Contract Review Period under consideration;
5.4.2 prospectively, apply the reduction (i.e. proportion of underperformance) to the Maximum Contract Value for the remainder of the Term ; and
5.4.3 accordingly the Seller’s Contracted Generation Profile just be deemed to be so adjusted for the purpose of assessment during each subsequent Contract Review Period.
5.5 The Seller shall not make available any part of the Contracted Cap...
Sale of Energy. During the Term of this Agreement, PRODUCER shall deliver, and CUSTOMER shall accept, an amount of Energy equal to the product of (i) eighteen percent (18%) times (ii) ninety percent (90%) times (iii) the DAM Scheduled Net Electric Output or, if applicable, the Net Electric Output during each hour of the Term up to a maximum total amount of Energy in each such hour of 1,148 MWh.
Sale of Energy. Seller represents and warrants to Buyer that Xcel Energy has approved Seller’s sale of electricity to Buyer hereunder. Commencing as of the Commercial Operation Date, the Solar System shall generate Energy and deliver the same to the Interconnection Point. Throughout the Term, Seller will sell to Buyer, and Buyer will purchase from Seller, Energy at the Energy Price and in the quantity agreed to in Exhibit B of this agreement.6
Sale of Energy. 2.5.1 The Lessee shall have the sole and exclusive right to convert all of the solar resources of, and to conduct Operations (as hereinafter defined) on, the Premises. Any economic benefit from the transmission of energy from the Solar Facilities shall be the sole right, title and interest of Xxxxxx and any economic benefit which is initially credited or paid to the Lessor for such energy, together with any and all Environmental Attributes and/or Environmental Incentives, will be assigned by Lessor to Lessee without delay. Lessor shall also execute and furnish any instrument and/or take any action reasonably requested by Xxxxxx to assign, transfer, perfect, confirm or maintain the Lessee's right, title and interest in the items described in the preceding sentence. All rights claimed by the Lessee in this Lease for the right to operate the Solar Facilities and to obtain the economic benefits therefrom, whether it be by sale of electricity or by the claim of any of the benefits set forth in the preceding paragraph are subject to any and all applicable regulations of any governmental agency and it shall be the sole responsibility of the Lessee and not the Lessor to comply with same. Under no circumstances shall the Lessor be responsible for the payment of any claim, charge, fee, permit, application or any other payment of any kind which may be associated with the operation of the Solar Facilities or the transmission of electricity to the local electrical distribution network. All such charges or payments of any type or kind shall be borne by and be timely paid by the Lessee without any credit for or offset against or on account of any payments which may be due to Lessor from Lessee, whether same be rent, tax payment or any other payments due to the Lessor from Lessee under this Lease. If the Lessor is required to take action as described in this paragraph, then the Lessee shall bear the cost of such action and reimburse the Lessor for such actual costs, including, but not limited to, reasonable attorney's fees for the Lessor's counsel.
2.5.2 The Parties acknowledge and agree that Lessee will enter into a “Power Purchase Agreement” with the Water Supply District of Acton, the Lessor. This Lease is contingent upon the execution of the Power Purchase Agreement. This Lease shall terminate upon the termination of the Power Purchase Agreement.
Sale of Energy. As regards the purchase price of energy generated by Windfarms it is proposed that in the case of industrial undertaking at their option and in case of non-industrial units, the Gujarat Electricity Board may purchase electricity generated by such wind energy generating units at Rs.
Sale of Energy. The Owner of the Facility elects to sell and deliver energy to LES under one of the following two options:
Sale of Energy. Subject to and in accordance with the terms and conditions set out in this Agreement, during the Early Operating Period and the Operating Period:
5.1.1 the Seller shall sell all the Early Operating and Commercial Energy generated by a Facility Unit to the Buyer (in its capacity as system operator) at the Delivery Point, on a self-dispatch basis, and subject only to the Codes and the standards of a Reasonable and Prudent Operator;
