Supporting Data. (a) The Seller shall maintain accurate and complete records and data, as reasonably necessary to calculate or confirm the correctness of, the Energy Price, Energy Payments, any Pass-Through Items, any Supplemental Tariffs, and any other claims for payment or recovery of costs or expenses made by the Seller under this Agreement. All such records and data shall be maintained for a period of not less than thirty-six (36) months following the last date on which such data and information was relevant for claims by the Seller for payment by the Purchaser. (b) The Purchaser shall maintain accurate and complete records and data, as reasonably necessary to calculate or confirm the correctness of the invoices for liquidated damages and any other claims for payment or recovery of costs or expenses made by the Purchaser under this Agreement. All such records and data shall be maintained for a period of not less than thirty-six (36) months following the last date on which such data and information was relevant for claims by the Purchaser for payment by the Seller. (c) The Seller shall maintain accurate and complete records and data relating to: (i) Non-Project Missed Volume, including (A) communications by the Seller announcing a Non-Project Event, (B) verifications sought by the Purchaser and responses made by the Seller relating to a Non-Project Event, (C) Despatch Instructions resulting in a Non-Project Event, (D) operating logs and records of the [Complex Monitoring System/SCADA System] recording the status of availability of the Complex, (E) data on wind speed for the duration of the Non-Project Event recorded by the Anemometry System, and (F) [other relevant data and records]; and (ii) the Monthly Actual Wind Speed, as reasonably necessary to calculate or confirm the correctness of Non-Project Missed Volume, the Energy Price, the Energy Payments and any other claims for payment or recovery of costs or expenses made by the Seller under this Agreement. All such records and data shall be maintained for a period of not less than thirty six (36) months following the last date on which such data and information was relevant for claims by the Seller for payment by the Purchaser.
Appears in 1 contract
Samples: Energy Purchase Agreement
Supporting Data. (a) The Seller shall maintain accurate and complete records and data, as reasonably necessary to calculate or confirm the correctness of, of the Energy Price, Price and Energy Payments, any Pass-Through Items, any Supplemental Tariffs, Tariffs and any other claims for payment or recovery of costs or expenses made by the Seller under this Agreement. All such records and data shall be maintained for a period of not less than thirty-six (36) months following the last date on which such data and information was relevant for claims by the Seller for payment by the Purchaser.
(b) The Purchaser shall maintain accurate and complete records and data, as reasonably necessary to calculate or confirm the correctness of the invoices for liquidated damages and any other claims for payment or recovery of costs or expenses made by the Purchaser under this Agreement. All such records and data shall be maintained for a period of not less than thirty-six (36) months following the last date on which such data and information was relevant for claims generated, obtained or received by the Purchaser for payment by the Seller.
(c) The Seller shall maintain accurate and complete records and data relating to:
(i) : Non-Project Missed Volume, including including
(A) communications by the Seller announcing and reasonably describing a Non-Project Event, ,
(B) verifications sought by the Purchaser and responses made by the Seller relating to a Non-Project Event, ,
(C) Despatch Instructions resulting in not complied with fully or partially due to a Non-Project Event, ,
(D) operating logs and records of the [Complex Monitoring System/SCADA System] recording the status of availability of the Complex, ,
(E) data on wind speed water discharge for the duration of the Non-Project Event recorded by the Anemometry SystemFlow Meters, and and
(F) [other relevant data and records]; and
(ii) and the Monthly Actual Wind SpeedMean Flow, as reasonably necessary to calculate or confirm the correctness of Non-Project Missed Volume, the Energy Price, the Energy Payments and any other claims for payment or recovery of costs or expenses made by the Seller under this Agreement. All such records and data shall be maintained for a period of not less than thirty six (36) months following the last date on which such data and information was relevant for claims generated, obtained or received by the Seller for payment by the Purchaser.
Appears in 1 contract
Samples: Energy Purchase Agreement
Supporting Data. (a) The Seller shall maintain accurate and complete records and data, as reasonably necessary to calculate or confirm the correctness of, of the Energy Price, Energy Payments, any Pass-Through Items, any Supplemental TariffsTariff, and any other claims for payment or recovery of costs or expenses made paid by the Seller under this Agreement. All such records and data shall be maintained for a period of not less than thirty-six (36) months Months following the last date on which such data and information was relevant for claims generated, obtained or received by the Seller for payment by the Purchaser.
(b) The Purchaser shall maintain accurate and complete records and data, as reasonably necessary to calculate or confirm the correctness of the invoices for liquidated damages and any other claims for payment or recovery under this Agreement, of costs or expenses made paid by the Purchaser under this Agreement. All such records and data shall be maintained for a period of not less than thirty- six (36) months following the last date on which such data and information was generated, obtained or received by the Purchaser for payment by the Seller.
(c) The Seller shall maintain accurate and complete records and data relating to Non-Project Missed Volume, including:
(i) communications by the Seller announcing a Non-Project Event,
(ii) verifications sought by the Purchaser and responses made by the Seller relating to a Non- Project Event,
(iii) Despatch Instructions resulting in a Non-Project Event,
(iv) operating logs and records of the Complex Monitoring System recording the status of the availability of the Complex,
(v) data on Ambient Site Conditions for the duration of the Non-Project Event recorded by the Meteorological Station, and
(vi) other relevant data and records, as reasonably necessary to calculate or confirm the correctness of Non-Project Missed Volume, the Energy Price, the Energy Payments, the Non-Project Missed Volume Payments, and any other claims for payment or recovery of costs or expenses under this Agreement paid by the Seller. All such records and data shall be maintained for a period of not less than thirty-six (36) months following the last date on which such data and information was relevant for claims by the Purchaser for payment by the Seller.
(c) The Seller shall maintain accurate and complete records and data relating to:
(i) Non-Project Missed Volumegenerated, including (A) communications by the Seller announcing a Non-Project Event, (B) verifications sought by the Purchaser and responses made by the Seller relating to a Non-Project Event, (C) Despatch Instructions resulting in a Non-Project Event, (D) operating logs and records of the [Complex Monitoring System/SCADA System] recording the status of availability of the Complex, (E) data on wind speed for the duration of the Non-Project Event recorded by the Anemometry System, and (F) [other relevant data and records]; and
(ii) the Monthly Actual Wind Speed, as reasonably necessary to calculate obtained or confirm the correctness of Non-Project Missed Volume, the Energy Price, the Energy Payments and any other claims for payment or recovery of costs or expenses made by the Seller under this Agreement. All such records and data shall be maintained for a period of not less than thirty six (36) months following the last date on which such data and information was relevant for claims received by the Seller for payment by the Purchaser.
Appears in 1 contract
Samples: Energy Purchase Agreement
Supporting Data. (a) The Seller shall maintain accurate and complete records and data, as reasonably necessary to calculate or confirm the correctness of, the Energy Price, Energy Payments, any Pass-Through Items, any Supplemental Tariffs, and any other claims for payment or recovery of costs or expenses made by the Seller under this Agreement. All such records and data shall be maintained for a period of not less than thirty-six (36) months Months following the last date on which such data and information was relevant for claims generated, obtained or received by the Seller for payment by the Purchaser.
(b) The Purchaser shall maintain accurate and complete records and data, as reasonably necessary to calculate or confirm the correctness of the invoices for liquidated damages and any other claims for payment or recovery of costs or expenses made by the Purchaser under this Agreement. All such records and data shall be maintained for a period of not less than thirty-six (36) months following the last date on which such data and information was relevant for claims generated, obtained or received by the Purchaser for payment by the Seller.
(c) The Seller shall maintain accurate and complete records and data relating to:
(i) NontoNon-Project Missed Volume, including including
(A) communications by the Seller announcing a Non-Project Event, ,
(B) verifications sought by the Purchaser and responses made by the Seller relating to a Non-Project Event, ,
(C) Despatch Instructions resulting in a Non-Project Event, ,
(D) operating logs and records of the [Complex Monitoring System/SCADA System] System recording the status of availability of the Complex, and
(E) data on wind speed for the duration of the Non-Project Event recorded by the Anemometry System, and (F) [other relevant data and records]; and
(ii) the Monthly Actual Wind Speed, as reasonably necessary to calculate or confirm the correctness of Non-Project Missed Volume, the Energy Price, the Energy Payments and any other claims for payment or recovery of costs or expenses made by the Seller under this Agreement. All such records and data shall be maintained for a period of not less than thirty six (36) months following the last date on which such data and information was relevant for claims generated, obtained or received by the Seller for payment by the Purchaser.
Appears in 1 contract
Samples: Energy Purchase Agreement
Supporting Data. (a) The Seller shall maintain accurate and complete records and data, as reasonably necessary to calculate or confirm the correctness of, of the Energy Price, Energy Payments, any Pass-Pass- Through Items, any Supplemental TariffsTariff, and any other claims for payment or recovery of costs or expenses made paid by the Seller under this Agreement. All such records and data shall be maintained for a period of not less than thirty-six ten (3610) months Years following the last date on which such data and information was relevant for claims generated, obtained or received by the Seller for payment by the Purchaser.
(b) The Purchaser shall maintain accurate and complete records and data, as reasonably necessary to calculate or confirm the correctness of the invoices for liquidated damages and any other claims for payment or recovery under this Agreement, of costs or expenses made paid by the Purchaser under this Agreement. All such records and data shall be maintained for a period of not less than thirty-six ten (3610) months Years following the last date on which such data and information was relevant for claims generated, obtained or received by the Purchaser for payment by the Seller.
(c) The Seller shall maintain accurate and complete records and data relating toto Non-Project Missed Volume on a daily basis during the Term, including:
(i) Non-Project Missed Volume, including (A) communications by the Seller announcing a Non-Project Event, ,
(Bii) verifications sought by the Purchaser and responses made by the Seller relating to a Non-Project Event, ,
(Ciii) Despatch Instructions resulting in a Non-Project Event, ,
(Div) operating logs and records of the [Complex Monitoring System/SCADA System] System recording the status of the availability of the Complex, ,
(Ev) data on wind speed for the duration of the Non-Project Event Ambient Site Conditions recorded by the Anemometry SystemMeteorological Station for each hour, and and
(Fvi) [other relevant data and records]; and
(ii) the Monthly Actual Wind Speed, as reasonably necessary to calculate or confirm the correctness of Non-Project Missed Volume, the Energy Price, the Energy Payments Payments, the Non-Project Missed Volume Payments, and any other claims for payment or recovery of costs or expenses made under this Agreement paid by the Seller under this AgreementSeller. All such records and data shall be maintained for a period of not less than thirty six ten (3610) months Years following the last date on which such data and information was relevant for claims generated, obtained or received by the Seller for payment by the Purchaser.
(d) The Seller shall also provide a report to the Purchaser before 1600 hours on a daily basis during the Term, for the previous Day, of the following:
(i) A detailed account of the Non-Project Event stating, inter alia, reasons why the Non- Project Event occurred and the steps, if any, taken by the Seller to avoid the Non- Project Event;
(ii) Hourly changes of the actual ambient condition prevalent at the Site as recorded by the Seller pursuant to Section 5.3(a);
(iii) Despatch Instruction received by the Seller from the Purchaser,
(iv) Actual Net Delivered Energy as recorded by the Metering System or Back-Up Metering System as the case may be;
(v) Hourly Adjusted Forecast Energy calculated on the basis of actual Ambient Site Conditions through Hybrid Forecast Model prevailing on the previous Day and any Non-Project Missed Volume calculated in accordance with Schedule 13; and
(vi) Hourly availability of the Complex and any outages taken on account of Scheduled Outage, Maintenance Outage, Forced Outage or Partial Forced Outage.
Appears in 1 contract
Samples: Energy Purchase Agreement
Supporting Data. (a) The Seller shall maintain accurate and complete records and data, as reasonably necessary to calculate or confirm the correctness of, the Energy Price, Energy Payments, any Pass-Through Items, any Supplemental Tariffs, and any other claims for payment or recovery of costs or expenses made by the Seller under this Agreement. All such records and data shall be maintained for a period of not less than thirty-six (36) months Months following the last date on which such data and information was relevant for claims generated, obtained or received by the Seller for payment by the Purchaser.
(b) The Purchaser shall maintain accurate and complete records and data, as reasonably necessary to calculate or confirm the correctness of the invoices for liquidated damages and any other claims for payment or recovery of costs or expenses made by the Purchaser under this Agreement. All such records and data shall be maintained for a period of not less than thirty-six (36) months following the last date on which such data and information was relevant for claims generated, obtained or received by the Purchaser for payment by the Seller.
(c) The Seller shall maintain accurate and complete records and data relating to:
(i) Non-Project Missed Volume, including including
(A) communications by the Seller announcing a Non-Project Event, ,
(B) verifications sought by the Purchaser and responses made by the Seller relating to a Non-Project Event, ,
(C) Despatch Instructions resulting in a Non-Project Event, ,
(D) operating logs and records of the [Complex Monitoring System/SCADA System] System recording the status of availability of the Complex, ,
(E) data on wind speed for the duration of the Non-Project Event recorded by the Anemometry System, and and
(F) [other relevant data and records]; and
(ii) the Monthly Actual Wind Speed, as reasonably necessary to calculate or confirm the correctness of Non-Project Missed Volume, the Energy Price, the Energy Payments and any other claims for payment or recovery of costs or expenses made by the Seller under this Agreement. All such records and data shall be maintained for a period of not less than thirty six (36) months following the last date on which such data and information was relevant for claims generated, obtained or received by the Seller for payment by the Purchaser.
Appears in 1 contract
Samples: Energy Purchase Agreement