Common use of Unplanned Capital Items Clause in Contracts

Unplanned Capital Items. (a) To the extent a Capital Item is required to remedy or prevent impairment of the Unit’s capability to Deliver Energy or Ancillary Services and the impairment was caused by Owner’s failure to comply with Good Industry Practice or by any wrongful act or omission by Owner, Owner shall install such Capital Item at Owner’s expense. Otherwise, Owner shall not be obligated to install any Capital Item unless CAISO is obligated to pay a Surcharge Payment for the Capital Item. The issue of whether Owner is obligated to install a Capital Item is subject to ADR.

Unplanned Capital Items. (a) To the extent a Capital Item is required to remedy or prevent impairment of the Unit’s capability to Deliver Energy or Ancillary Services and the impairment was caused by Owner’s failure to comply with Good Industry Practice or by any wrongful act or omission by Owner, Owner shall install such Capital Item at Owner’s expense. Otherwise, Owner shall not be obligated to install any Capital Item unless CAISO ISO is obligated to pay a Surcharge Payment for the Capital Item. The issue of whether Owner is obligated to install a Capital Item is subject to ADR.