Common use of Unplanned Repairs Clause in Contracts

Unplanned Repairs. (a) In the event of any loss or damage to the Facility that impairs the capability of one or more Units to Deliver Energy or Ancillary Services, Owner shall, without additional charge, make necessary Repairs, to the extent that: (i) the total cost (net of proceeds received by Owner from Insurers and other third parties pursuant to applicable insurance, warranties and other contracts in connection with all Repairs and excluding costs covered by clause (ii)) of all Repairs for all Units (“Net Repair Costs”) during the Contract Year does not exceed Owner’s Repair Cost Obligation for the Facility; or (ii) the loss or damage impairing the Unit’s capability to produce Energy or Ancillary Services was caused by Owner’s failure to comply with Good Industry Practice or by any wrongful act or omission by Owner. If the Units are not hydroelectric Units, then for all Contract Years through and including the Contract Year ending December 31, 2001, the reference to “Units” in clause (i) above includes all Reliability Must-Run Units (except hydroelectric Units), whether or not located at the Facility, (A) covered by a reliability must-run agreement with Owner or its affiliates as defined in 18 C.F.R. Section 161.2 and