Steam Host Force Majeure; Steam Delivery Reduction Sample Clauses

Steam Host Force Majeure; Steam Delivery Reduction. (A) If during any period after the Cogeneration Commercial Operation Date, Xxxxxxxx or a Subsequent Steam Host shall fail to take or pay for, at the price which is or would be payable under the Xxxxxxxx Steam Agreement, at least the Minimum Steam Quantity from the Facility (i) by reason of force majeure (or equivalent term) as defined in the Xxxxxxxx Steam Agreement or substitute agreement with a Subsequent Steam Host (a "Steam Force Majeure"), or (ii) for any other reason other than a default by Seller under the Xxxxxxxx Steam Agreement or substitute agreement with a Subsequent Steam Host, a Force Majeure Event, a forced or scheduled outage of the Facility, Southwestern's exercise of its dispatch rights under this Agreement, the Facility's inability to produce the Minimum Steam Quantity for whatever reason, or a Steam Loss Event (a "Steam Delivery Reduction"), for the period of such failure the provisions of this Section 11.6 shall apply. (B) Beginning on the date Seller notifies Southwestern of the occurrence of a Steam Force Majeure or Steam Delivery Reduction and for the remaining period of Steam Force Majeure or Steam Delivery Reduction the provisions of this Agreement relating to Dispatch (including Section 9.6) shall be applied by adjusting the Non-Dispatchable Capacity and Energy to the level of Facility Capacity which is necessary to cause the Facility to produce the steam to be required to be delivered to Xxxxxxxx or the Subsequent Steam Host during the period of Steam Force Majeure or Steam Delivery Reduction. The Non-Dispatchable Capacity and Energy as revised pursuant to this Section 11.6(C) shall not exceed the level of Non-Dispatchable Capacity and Energy as determined pursuant to Section 9.6. Seller shall provide Southwestern with notice of the revised Non-Dispatchable Capacity and Energy as soon as practicable. (C) Beginning on the date Seller notifies Southwestern of the occurrence of a Steam Force Majeure or Steam Delivery Reduction and for the remaining period of Steam Force Majeure or Steam Delivery Reduction, Southwestern shall pay Seller Energy Payments calculated using the Net Heat Rate instead of the Guaranteed Heat Rate; provided, however, in the event of Steam Delivery Reduction, each Energy Payment shall be reduced by any amounts remaining in the Steam Host Escrow Accounts to the extent necessary to reduce the Energy Payment to the amount that would have been payable in the absence of Steam Delivery Reduction. On the date each s...
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Related to Steam Host Force Majeure; Steam Delivery Reduction

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