Common use of Seller Curtailment Clause in Contracts

Seller Curtailment. 6.8.1. Seller shall curtail the production of the Facility in accordance with the applicable Notice after receipt of: (a) Notice from Buyer that Buyer has been instructed by the CAISO or the Transmission/Distribution Owner to curtail Energy deliveries; (b) Notice that Seller has been given a curtailment order or similar instruction in order to respond to an Emergency; (c) Notice of a Curtailment Order issued by Buyer. 6.8.2. Buyer shall have no obligation to pay Seller for any Product delivered in violation of Section 6.8 or for any Product that Seller would have been able to deliver but for the fact of a curtailment pursuant to Section 6.8.1(a) or (b). Seller shall assume all liability and reimburse Buyer for any and all costs and charges incurred by Xxxxx, including but not limited to CAISO Penalties, as a result of Seller delivering Energy in violation of Section 6.8. 6.8.3. Buyer shall have the right, but not the obligation, to issue to Seller a Curtailment Order. Buyer shall pay Seller the Contract Price for the Product Seller would have been able to deliver but for the fact that Buyer issued a Curtailment Order (“Paid Curtailed Product”). 6.8.4. Buyer shall estimate the amount of Product the Facility would have been able to deliver under Sections 6.8.3. Buyer shall apply accepted industry standards in making such an estimate and take into consideration past performance of the Facility, meteorological data, solar irradiance data, and any other relevant information. Seller shall cooperate with Xxxxx’s requests for information associated with any estimate made hereunder. Buyer’s estimates under this Section 6.8.4 for the amount of Product that the Facility would have been able to deliver but for Xxxxx’s issuance of a Curtailment Order will be determined in Buyer’s reasonable discretion.

Seller Curtailment. 6.8.15.8.1. Seller shall curtail the production of the Facility in accordance with the applicable Notice after receipt of: (a) Notice direction from the CAISO directly, or from Buyer that Buyer has been instructed by the CAISO or the Transmission/Distribution Owner Owner, to curtail Energy deliveries; (b) Notice direction that Seller has been given a curtailment order or similar instruction in order to respond to an Emergency; (c) Notice of a Curtailment Order issued by Buyer. 6.8.25.8.2. Buyer shall have no obligation to pay Seller for any Product delivered in violation of Section 6.8 5.8 or for any Product that Seller would have been able to deliver but for the fact of a curtailment pursuant to Section 6.8.1(a5.8.1(a) or (b). Seller shall assume all liability and reimburse Buyer for any and all costs and charges incurred by Xxxxx, including but not limited to CAISO Penalties, as a result of Seller delivering Energy in violation of Section 6.85.8. 6.8.35.8.3. Buyer shall have the right, but not the obligation, to issue to Seller a Curtailment Order. Buyer shall pay Seller the Contract Price for the Product Seller would have been able to deliver but for the fact that Buyer issued a Curtailment Order (“Paid Curtailed Product”). 6.8.45.8.4. Buyer shall estimate the amount of Product the Facility would have been able to deliver under Sections 6.8.3Section 5.8.3 by reference to the most recent Notice of forecasted Expected Generation Output Buyer has received from Seller at the time of the Curtailment Order. In the event this forecast is not representative of past performance of the Facility, Buyer shall apply accepted industry standards in making such an estimate and take into consideration past performance of the Facility, meteorological data, solar irradiance data, Facility and any other relevant information. Seller shall cooperate with Xxxxx’s requests for information associated with any estimate made hereunder. Buyer’s estimates under this Section 6.8.4 for the amount of Product that the Facility would have been able to deliver but for Xxxxx’s issuance of a Curtailment Order will be determined in Buyer’s reasonable discretion.

Seller Curtailment. 6.8.1. Seller shall curtail the production of the Facility in accordance with the applicable Notice after receipt of: (a) Notice from Buyer that Buyer has been instructed by the CAISO or the Transmission/Distribution Owner to curtail Energy deliveries; (b) Notice that Seller has been given a curtailment order or similar instruction in order to respond to an Emergency; (c) Notice of a Curtailment Order issued by Buyer. 6.8.2. Buyer shall have no obligation to pay Seller for any Product delivered in violation of Section 6.8 or for any Product that Seller would have been able to deliver but for the fact of a curtailment pursuant to Section 6.8.1(a) or (b). Seller shall assume all liability and reimburse Buyer for any and all costs and charges incurred by Xxxxx, including but not limited to CAISO Penalties, as a result of Seller delivering Energy in violation of Section 6.8. 6.8.3. Buyer shall have the right, but not the obligation, to issue to Seller a Curtailment Order. Buyer shall pay Seller the Contract Price for the Product Seller would have been able to deliver but for the fact that Buyer issued a Curtailment Order (“Paid Curtailed Product”).; provided, Buyer shall xxxx no obligation to pay Seller the Contract Price for Product that, if delivered would have been Surplus Delivered Energy, and any such Product will not be Paid Curtailed Product 6.8.4. Buyer shall estimate the amount of Product the Facility would have been able to deliver under Sections 6.8.3. Buyer shall apply accepted industry standards in making such an estimate and take into consideration past performance of the Facility, meteorological data, solar irradiance data, and any other relevant information. Seller shall cooperate with Xxxxx’s requests for information associated with any estimate made hereunder. Buyer’s estimates under this Section 6.8.4 for the amount of Product that the Facility would have been able to deliver but for Xxxxx’s issuance of a Curtailment Order will be determined in Buyer’s reasonable discretion.

Seller Curtailment. 6.8.1. Seller shall curtail the production of the Facility in accordance with the applicable Notice after receipt of: (a) Notice from Buyer that Buyer has been instructed by the CAISO or the Transmission/Distribution Owner to curtail Energy deliveries; (b) Notice that Seller has been given a curtailment order or similar instruction in order to respond to an Emergency; (c) Notice of a Curtailment Order issued by Buyer.Buyer.‌‌ 6.8.2. Buyer shall have no obligation to pay Seller for any Product delivered in violation of Section 6.8 or for any Product that Seller would have been able to deliver but for the fact of a curtailment pursuant to Section 6.8.1(a) or (b). Seller shall assume all liability and reimburse Buyer for any and all costs and charges incurred by Xxxxx, including but not limited to CAISO Penalties, as a result of Seller delivering Energy in violation of Section 6.8. 6.8.3. Buyer shall have the right, but not the obligation, to issue to Seller a Curtailment Order. Buyer shall pay Seller the Contract Price for the Product Seller would have been able to deliver but for the fact that Buyer issued a Curtailment Order (“Paid Curtailed Product”).; provided, Buyer shall xxxx no obligation to pay Seller the Contract Price for Product that, if delivered would have been Surplus Delivered Energy, and any such Product will not be Paid Curtailed Product 6.8.4. Buyer shall estimate the amount of Product the Facility would have been able to deliver under Sections 6.8.3. Buyer shall apply accepted industry standards in making such an estimate and take into consideration past performance of the Facility, meteorological data, solar irradiance data, and any other relevant information. Seller shall cooperate with Xxxxx’s requests for information associated with any estimate made hereunder. Buyer’s estimates under this Section 6.8.4 for the amount of Product that the Facility would have been able to deliver but for Xxxxx’s issuance of a Curtailment Order will be determined in Buyer’s reasonable discretion.

Seller Curtailment. 6.8.1. Seller shall curtail the production of the Facility in accordance with the applicable Notice after receipt of: (a) Notice from Buyer that Buyer has been instructed by the CAISO or the Transmission/Distribution Owner to curtail Energy deliveries; (b) Notice that Seller has been given a curtailment order or similar instruction in order to respond to an Emergency; (c) Notice of a Curtailment Order issued by Buyer. 6.8.2. Buyer shall have no obligation to pay Seller for any Product delivered in violation of Section 6.8 or for any Product that Seller would have been able to deliver but for the fact of a curtailment pursuant to Section 6.8.1(a) or (b). Seller shall assume all liability and reimburse Buyer for any and all costs and charges incurred by XxxxxBuyer, including but not limited to CAISO Penalties, as a result of Seller delivering Energy in violation of Section 6.8. 6.8.3. Buyer shall have the right, but not the obligation, to issue to Seller a Curtailment Order. Buyer shall pay Seller the Contract Price for the Product Seller would have been able to deliver but for the fact that Buyer issued a Curtailment Order (“Paid Curtailed Product”). 6.8.4. Buyer shall estimate the amount of Product the Facility would have been able to deliver under Sections 6.8.3. Buyer shall apply accepted industry standards in making such an estimate and take into consideration past performance of the Facility, meteorological data, solar irradiance data, and any other relevant information. Seller shall cooperate with XxxxxBuyer’s requests for information associated with any estimate made hereunder. Buyer’s estimates under this Section 6.8.4 for the amount of Product that the Facility would have been able to deliver but for XxxxxBuyer’s issuance of a Curtailment Order will be determined in Buyer’s reasonable discretion.

Seller Curtailment. 6.8.1. Seller shall curtail the production of the Facility in accordance with the applicable Notice after receipt of: (a) Notice from Buyer that Buyer has been instructed by the CAISO or the Transmission/Distribution Owner to curtail Energy deliveries; (b) Notice that Seller has been given a curtailment order or similar instruction in order to respond to an Emergency; (c) Notice of a Curtailment Order issued by Buyer. 6.8.2. Buyer shall have no obligation to pay Seller for any Product delivered in violation of Section 6.8 or for any Product that Seller would have been able to deliver but for the fact of a curtailment pursuant to Section 6.8.1(a) or (b). Seller shall assume all liability and reimburse Buyer for any and all costs and charges incurred by Xxxxx, including but not limited to CAISO Penalties, as a result of Seller delivering Energy in violation of Section 6.8. 6.8.3. Buyer shall have the right, but not the obligation, to issue to Seller a Curtailment Order. Buyer shall pay Seller the Contract Price for the Product Seller would have been able to deliver but for the fact that Buyer issued a Curtailment Order (“Paid Curtailed Product”); provided, Buyer shall xxxx no obligation to pay Seller the Contract Price for Product that, if delivered would have been Surplus Delivered Energy, and any such Product will not be Paid Curtailed Product. 6.8.4. Buyer shall estimate the amount of Product the Facility would have been able to deliver under Sections 6.8.3. Buyer shall apply accepted industry standards in making such an estimate and take into consideration past performance of the Facility, meteorological data, solar irradiance data, and any other relevant information. Seller shall cooperate with Xxxxx’s requests for information associated with any estimate made hereunder. Buyer’s estimates under this Section 6.8.4 for the amount of Product that the Facility would have been able to deliver but for Xxxxx’s issuance of a Curtailment Order will be determined in Buyer’s reasonable discretion.Section

Seller Curtailment. 6.8.1. 6.8.1 Seller shall curtail the production of the Facility in accordance with the applicable Notice after receipt of: (a) Notice from Buyer that Buyer has been instructed by the CAISO or the Transmission/Distribution Owner to curtail Energy deliveries; (b) Notice that Seller has been given a curtailment order or similar instruction in order to respond to an Emergency; (c) Notice of a Curtailment Order issued by Buyer. 6.8.2. 6.8.2 Buyer shall have no obligation to pay Seller for any Product delivered in violation of Section 6.8 or for any Product that Seller would have been able to deliver but for the fact of a curtailment pursuant to Section 6.8.1(a) or (b). Seller shall assume all liability and reimburse Buyer for any and all costs and charges incurred by Xxxxx, including but not limited to CAISO Penalties, as a result of Seller delivering Energy in violation of Section 6.8. 6.8.3. 6.8.3 Buyer shall have the right, but not the obligation, to issue to Seller a Curtailment Order. Buyer shall pay Seller the Contract Price for the Product Seller would have been able to deliver but for the fact that Buyer issued a Curtailment Order (“Paid Curtailed Product”). 6.8.4. 6.8.4 Buyer shall estimate the amount of Product the Facility would have been able to deliver under Sections 6.8.3. Buyer shall apply accepted industry standards in making such an estimate and take into consideration past performance of the Facility, meteorological data, solar irradiance data, and any other relevant information. Seller shall cooperate with Xxxxx’s requests for information associated with any estimate made hereunder. BuyerXxxxx’s estimates under this Section 6.8.4 for the amount of Product that the Facility would have been able to deliver but for Xxxxx’s issuance of a Curtailment Order will be determined in Buyer’s reasonable discretion.

Seller Curtailment. 6.8.15.8.1. Seller shall curtail the production of the Facility in accordance with the applicable Notice after receipt of: (a) Notice direction from the CAISO directly, or from Buyer that Buyer has been instructed by the CAISO or the Transmission/Distribution Owner Owner, to curtail Energy deliveries; (b) Notice direction that Seller has been given a curtailment order or similar instruction in order to respond to an Emergency; (c) Notice of a Curtailment Order issued by Buyer. 6.8.25.8.2. Buyer shall have no obligation to pay Seller for any Product delivered in violation of Section 6.8 5.8 or for any Product that Seller would have been able to deliver but for the fact of a curtailment pursuant to Section 6.8.1(a5.8.1(a) or (b). Seller shall assume all liability and reimburse Buyer for any and all costs and charges incurred by Xxxxx, including but not limited to CAISO Penalties, as a result of Seller delivering Energy in violation of Section 6.85.8. 6.8.35.8.3. Buyer shall have the right, but not the obligation, to issue to Seller a Curtailment Order. Buyer shall pay Seller the Contract Price for the Product Seller would have been able to deliver but for the fact that Buyer issued a Curtailment Order (“Paid Curtailed Product”). 6.8.45.8.4. Buyer shall estimate the amount of Product the Facility would have been able to deliver under Sections 6.8.3Section 5.8.3 by reference to the most recent Notice of forecasted [Available Capacity][Expected Generation Output] Buyer has received from Seller at the time of the Curtailment Order. In the event this forecast is not representative of past performance of the Facility, Buyer shall apply accepted industry standards in making such an estimate and take into consideration past performance of the Facility, meteorological data, solar irradiance data, Facility and any other relevant information. Seller shall cooperate with Xxxxx’s requests for information associated with any estimate made hereunder. Buyer’s estimates under this Section 6.8.4 for the amount of Product that the Facility would have been able to deliver but for Xxxxx’s issuance of a Curtailment Order will be determined in Buyer’s reasonable discretion.