Common use of Unexcused Scheduled Maintenance Outages Clause in Contracts

Unexcused Scheduled Maintenance Outages. In the event Seller desires to take a Unit out of service in a manner that would be recognized by the CAISO as a planned outage but does not otherwise comply with the timelines set forth in Sections 3.8(b) through 3.8(f) to be deemed an Excused Scheduled Maintenance Outage, Seller shall Notify Buyer of its proposed Maintenance Outage schedule for the Unit(s) by submitting Notice to Buyer in accordance with PG&E’s Outage Reporting Protocols as promptly as possible upon determining the need for such maintenance. Buyer, as the SC, shall submit the proposed Maintenance Outages for the Unit(s) to the CAISO for approval in the form proposed by Seller. If such requested Outage is approved by CAISO, it will then be deemed by Buyer to be an “Unexcused Scheduled Maintenance Outage,” and Seller shall adhere to the Outage schedule approved by the CAISO for that Outage. At any time, Buyer may request that Seller re-schedule its Unexcused Scheduled Maintenance Outage, in which case Seller shall Notify Buyer of any incremental costs associated with the schedule change and an alternative schedule change, if any, that would entail lower incremental costs. If Buyer’s proposed change to Seller’s Unexcused Scheduled Maintenance Outage Schedule is feasible and imposes no incremental costs (as compared to Seller’s proposed schedule) or if Buyer agrees to pay the incremental costs, Seller shall use commercially reasonable efforts to accommodate Buyer’s request and Buyer, as the SC, shall communicate the change to the CAISO and seek CAISO approval for the revised Unexcused Scheduled Maintenance Outage. However, unless it is transmitting to Seller a CAISO order, Buyer may not change Seller’s Unexcused Scheduled Maintenance Outage schedule unilaterally.

Unexcused Scheduled Maintenance Outages. In the event Seller desires to take a Unit out of service in a manner that would be recognized by the CAISO as a planned outage but does not otherwise comply with the timelines set forth in Sections 3.8(b3.10(b) through 3.8(f3.10(f) to be deemed an Excused Scheduled Maintenance Outage, Seller shall Notify notify Buyer of its proposed Maintenance Outage schedule for the Unit(s) by submitting Notice to Buyer in accordance with PG&E’s Outage Reporting Protocols as promptly as possible upon determining the need for such maintenance. Buyer, as the SC, shall submit the proposed Maintenance Outages for the Unit(s) to the CAISO for approval in the form proposed by SellerSeller which will be subject to CAISO approval. If such requested Outage is approved by CAISO, it will then be deemed by Buyer to be an “Unexcused Scheduled Maintenance Outage,” , and Seller shall adhere to the Outage schedule approved by the CAISO for that Outage. At any time, Buyer may request that Seller re-schedule its Unexcused Scheduled Maintenance Outage, in which case Seller shall Notify notify Buyer of any incremental costs associated with the schedule change and an alternative schedule change, if any, that would entail lower incremental costs. If Buyer’s proposed change to Seller’s Unexcused Scheduled Maintenance Outage Schedule is feasible and imposes no incremental costs (as compared to Seller’s proposed schedule) or if Buyer agrees to pay the incremental costs, Seller shall use commercially reasonable efforts to accommodate Buyer’s request and Buyer, as the SC, shall communicate the change to the CAISO and seek CAISO approval for the revised Unexcused Scheduled Maintenance Outage. However, unless it is transmitting to Seller a CAISO order, Buyer may not change Seller’s Unexcused Scheduled Maintenance Outage schedule unilaterally.

Unexcused Scheduled Maintenance Outages. In the event Seller desires to take a Unit the Project out of service in a manner that would be recognized by the CAISO as a planned outage outage, but does not otherwise comply with the Excused Scheduled Maintenance Outage timelines set forth in Sections 3.8(b9.2(b) through 3.8(f) to be deemed an Excused Scheduled Maintenance Outage9.2(f), Seller shall Notify Buyer of its proposed Maintenance Outage schedule for the Unit(s) Project by submitting Notice to Buyer in accordance with PG&E’s Outage Reporting Protocols as promptly as possible upon determining the need for such maintenance. Buyer, as the SC, shall submit the proposed Maintenance Outages for the Unit(s) Project to the CAISO for approval in the form proposed by Seller. If such requested Maintenance Outage is approved by CAISO, it will then be deemed by Buyer to be an “Unexcused Scheduled Maintenance Outage,” and Seller shall adhere to the Outage schedule approved by the CAISO for that Maintenance Outage. At any time, Buyer may request that Seller re-schedule its Unexcused Scheduled Maintenance Outage, in which case Seller shall Notify Buyer of any incremental costs associated with the schedule change and an alternative schedule change, if any, that would entail lower incremental costs. If Buyer’s proposed change to Seller’s Unexcused Scheduled Maintenance Outage Schedule is feasible and imposes no incremental costs (as compared to Seller’s proposed schedule) or if Buyer agrees to pay the incremental costs, Seller shall use commercially reasonable efforts to accommodate Buyer’s request and Buyer, as the SC, shall communicate the change to the CAISO and seek CAISO approval for the revised Unexcused Scheduled Maintenance Outage. However, unless it is transmitting to Seller a CAISO order, Buyer may not change Seller’s Unexcused Scheduled Maintenance Outage schedule unilaterally.

Unexcused Scheduled Maintenance Outages. In the event Seller desires to take a Unit out of service in a manner that would be recognized by the CAISO as a planned outage but does not otherwise comply with the timelines set forth in Sections 3.8(b9.2(b) through 3.8(f9.2(f) to be deemed an Excused Scheduled Maintenance Outage, Seller shall Notify Buyer of its proposed Maintenance Outage schedule for the Unit(s) Project by submitting Notice to Buyer in accordance with PG&E’s Outage Reporting Protocols as promptly as possible upon determining the need for such maintenance. Buyer, as the SC, shall submit the proposed Maintenance Outages for the Unit(s) Project to the CAISO for approval in the form proposed by Seller. If such requested Maintenance Outage is approved by CAISO, it will then be deemed by Buyer to be an “Unexcused Scheduled Maintenance Outage,” and Seller shall adhere to the Outage schedule approved by the CAISO for that Maintenance Outage. At any time, Buyer may request that Seller re-schedule its Unexcused Scheduled Maintenance Outage, in which case Seller shall Notify Buyer of any incremental costs associated with the schedule change and an alternative schedule change, if any, that would entail lower incremental costs. If Buyer’s proposed change to Seller’s Unexcused Scheduled Maintenance Outage Schedule is feasible and imposes no incremental costs (as compared to Seller’s proposed schedule) or if Buyer agrees to pay the incremental costs, Seller shall use commercially reasonable efforts to accommodate Buyer’s request and Buyer, as the SC, shall communicate the change to the CAISO and seek CAISO approval for the revised Unexcused Scheduled Maintenance Outage. However, unless it is transmitting to Seller a CAISO order, Buyer may not change Seller’s Unexcused Scheduled Maintenance Outage schedule unilaterally.

Unexcused Scheduled Maintenance Outages. In the event Seller desires to take a Unit out of service in a manner that would be recognized by the CAISO as a planned outage but does not otherwise comply with the timelines set forth in Sections 3.8(b) through 3.8(f) to be deemed an Excused Scheduled Maintenance Outage, Seller shall Notify Buyer of its proposed Maintenance Outage schedule for the Unit(s) by submitting Notice to Buyer in accordance with PG&E’s Outage Reporting Protocols as promptly as possible upon determining the need for such maintenance. Buyer, as the SC, shall submit the proposed Maintenance Outages for the Unit(s) to the CAISO for approval in the form proposed by Seller. If such requested Outage is approved by CAISO, it will then be deemed by Buyer to be an “Unexcused Scheduled Maintenance Outage,” and Seller shall adhere to the Outage schedule approved by the CAISO for that Outage. At any time, Buyer may request that Seller re-schedule its Unexcused Scheduled Maintenance Outage, in which case Seller shall Notify Buyer of any incremental costs associated with the schedule change and an alternative schedule change, if any, that would entail lower incremental costs. If Buyer’s proposed change to Seller’s Unexcused Scheduled Maintenance Outage Schedule is feasible and imposes no incremental costs (as compared to Seller’s proposed schedule) or if Buyer Xxxxx agrees to pay the incremental costs, Seller shall use commercially reasonable efforts to accommodate Buyer’s request and Buyer, as the SC, shall communicate the change to the CAISO and seek CAISO approval for the revised Unexcused Scheduled Maintenance Outage. However, unless it is transmitting to Seller a CAISO order, Buyer may not change Seller’s Unexcused Scheduled Maintenance Outage schedule unilaterally.

Unexcused Scheduled Maintenance Outages. In the event Seller desires to take a Unit out of service in a manner that would be recognized by the CAISO as a planned outage but does not otherwise comply with the timelines set forth in Sections 3.8(b9.2(b) through 3.8(f9.2(f) to be deemed an Excused Scheduled Maintenance Outage, Seller shall Notify Buyer of its proposed Maintenance Outage schedule for the Unit(s) Project by submitting Notice to Buyer in accordance with PG&E’s Outage Reporting Protocols as promptly as possible upon determining the need for such maintenance. Buyer, as the SC, shall submit the proposed Maintenance Outages for the Unit(s) Project to the CAISO for approval in the form proposed by Seller. If such requested Maintenance Outage is approved by CAISO, it will then be deemed by Buyer to be an “Unexcused Scheduled Maintenance Outage,” and Seller shall adhere to the Outage schedule approved by the CAISO for that Maintenance Outage. At any time, Buyer may request that Seller re-schedule its Unexcused Scheduled Maintenance Outage, in which case Seller shall Notify Buyer of any incremental costs associated with the schedule change and an alternative schedule change, if any, that would entail lower incremental costs. If Buyer’s proposed change to Seller’s Unexcused Scheduled Maintenance Outage Schedule is feasible and imposes no incremental costs (as compared to Seller’s proposed schedule) or if Buyer Xxxxx agrees to pay the incremental costs, Seller shall use commercially reasonable efforts to accommodate Buyer’s request and Buyer, as the SC, shall communicate the change to the CAISO and seek CAISO approval for the revised Unexcused Scheduled Maintenance Outage. However, unless it is transmitting to Seller a CAISO order, Buyer may not change Seller’s Unexcused Scheduled Maintenance Outage schedule unilaterally.