Scheduled Downtime For the purposes of this Agreement, Scheduled Downtime will mean those hours, as determined by us but which will not occur between the hours of 9:00 AM and 5:00 PM Eastern Time, Monday through Friday without your authorization or unless exigent circumstances exist, during which time we will perform scheduled maintenance or adjustments to the Environment. We will use our best efforts to provide you with at least twenty-four (24) hours of notice prior to scheduling Scheduled Downtime.
Scheduled Holidays Holidays for certain employees, typically 24/7 facilities, are pre-scheduled on days other than the holidays mentioned in Section 1. This schedule is determined in advance. If employees who have their holiday pre-scheduled are required to work on that pre-scheduled holiday day, they are compensated as follows:
a.) Cash overtime employees are paid for the number of holiday hours pre-scheduled plus payment at the rate of time and one-half for the number of hours actually worked.
b.) Compensatory leave eligible employees are paid for the number of hours prescheduled plus credited with holiday compensatory time for the number of hours actually worked, which must be used within one (1) year after having accrued this time. This provision does not apply to an employee who is on leave without pay during the same pay period as the assigned holiday.
Holiday Falling on a Scheduled Workday An Employee who works on a designated holiday which is a scheduled workday shall be compensated at the rate of double time for hours worked, plus a day off in lieu of the holiday; except for Christmas and New Year's when the compensation shall be at the rate of double time and one-half (2½) for hours worked, plus a day off subject to this Agreement.
Scheduled Days Off Except in cases of emergency, no employee will be required to return to his/her place of employment on his/her scheduled day off.
Scheduled Outages (1) No later than five (5) Business Days prior to the dates required by the ISO for delivery of schedules for planned outages (which such ISO required delivery dates are currently January 15th, April 15th, July 15th and October 15th of each calendar year during the Facility Term), and at least sixty (60) days prior to the later of: (A) Initial Synchronization, or (B) SCE becoming Seller’s Scheduling Coordinator, Seller shall submit to SCE its schedule of proposed planned outages (“Outage Schedule”) for the subsequent twenty four-month period using the Web Client. If Seller fails to submit an Outage Schedule for any period as required under this Section 3.19, then Seller shall not be permitted to schedule or have any planned outages with respect to such period. The foregoing shall not prevent Seller from modifying its Outage Schedule in cooperation with SCE and the ISO. SCE shall provide Notice to Seller in the event that the ISO changes the ISO required delivery dates for schedules for planned outages. In addition, no later than thirty (30) days prior to October 15 of each year, Seller shall submit to SCE its estimate of its planned outages for the following year.
(2) Seller shall provide the following information for each proposed planned outage:
(A) Start date and time;
(B) End date and time; and
(C) Capacity expected to be online, in MW, during the planned outage.
(3) Within twenty (20) Business Days after SCE’s receipt of an Outage Schedule, SCE shall notify Seller in writing of any reasonable request for changes to the Outage Schedule, and Seller shall, consistent with Prudent Electrical Practices and as permitted by the ISO, accommodate SCE’s requests regarding the timing of any planned outage.
(4) Seller shall cooperate with SCE to arrange and coordinate all Outage Schedules with the ISO.
(5) In the event a condition occurs at the Generating Facility which causes Seller to revise its planned outages, Seller shall provide Notice to SCE, using the Web Client, of such change (including an estimate of the length of such planned outage) as soon as practicable after the condition causing the change becomes known to Seller.
(6) Seller shall promptly prepare and provide to SCE upon request, using the Web Client, all reports of actual or forecasted outages that SCE may reasonably require for the purpose of enabling SCE to comply with Section 761.3 of the California Public Utilities Code or any Applicable Law mandating the reporting by investor owned utilities of expected or experienced outages by electric energy generating facilities under contract to supply electric energy.
Regular Work Week The regular work week shall be any five (5) consecutive days, Sunday through Saturday, for a total regular work week of forty (40) working hours, subject to the applicable premiums where provided for in this Agreement. Notwithstanding the above, employees may volunteer to work schedules that fall outside of the regular work week of Sunday through Saturday and may do so, upon approval by the Company, and with no penalty cost to the Company, but with applicable premiums as provided for in this Agreement.
Scheduled Overtime Scheduled overtime is overtime which is assigned by the end of the employee's last worked shift prior to the overtime assignment and which does not immediately precede or immediately follow a scheduled work shift. Unless notified otherwise in advance of the scheduled starting time of the scheduled overtime assignment, any employee who is scheduled to report for work and who reports as scheduled shall be assigned at least two (2) hours work. If work is not available, the employee may be excused from duty and paid for two (2) hours at the employee's appropriate rate. If the employee begins work but is excused from duty before completing two (2) hours of work, the employee shall be paid for two (2) hours at the employee's appropriate rate.
Work Week The work week will begin at 12:00 a.m. on Sunday and end at 11:59 p.m. the following Saturday.
Lease Period The lease period of the Finance Lease Agreement II is 36 months, which commenced on July 31, 2023. The lease period of the Finance Lease Agreement III is 36 months, which commenced on October 13, 2023. The lease period of the Finance Lease Agreement IV is 36 months, which shall commence on October 30, 2023.
Contract Year A twelve (12) month period during the term of the Agreement commencing on the Effective Date and each anniversary thereof.
