Uprates Sample Clauses

Uprates. (a) (i) Seller shall use its commercially reasonable efforts to complete the Planned Uprate by June 1, 2012; provided, however, that Seller shall have the right, consistent with Prudent Utility Practice, to change the date for the completion of the Planned Uprate so long as Seller provides Buyer with advance written notice of such change no later than June 1, 2010 and at least two years prior to the expected completion date of the Planned Uprate. Upon completion of the Planned Uprate the actual Capacity increase associated with the Planned Uprate, as determined by Performance Tests pursuant to Section 5.3(d)(ii), shall become a part of the Buyer’s Capacity Amount, and Exhibit B shall be adjusted to include the increase in Capacity related to such Planned Uprate. The procedures for Uprates described in Section 2.9(b) shall not apply to the Planned Uprate. The Planned Uprate shall not be included in Delivered Energy until the transmission upgrades, if any, required for the Planned Uprate have been completed in accordance with the applicable transmission studies performed by ATC and/or MISO.
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Uprates. If the Owner/Operator determines to undertake a project to increase the output of the Nuclear Reactor after the Effective Date, the Owner/Operator may propose to DOE a revision to the calculation of the annual adjustment described in Section 2.4.4 such that the revenues attributable to the incremental output resulting from the project are not included in the Nuclear Reactor’s Actual Revenues for the calculation period, and the Owner/Operator shall provide a detailed description of the project and supporting information. In no event shall any such revision increase the maximum redeemable value of Credits available to the Owner/Operator. The decision whether or not to negotiate a revision to the calculation of the annual adjustment as described in this Section 2.5 shall be at the sole discretion of DOE.
Uprates. (i) Seller shall use its commercially reasonable efforts to complete the Planned Uprate by June 1, 2012; provided, however, that Seller shall have the right, consistent with Prudent Utility Practice, to change the date for the completion of the Planned Uprate so long as Seller provides Buyer with advance written notice of such change no later than June 1, 2010 and at least two years prior to the expected completion date of the Planned Uprate. Upon completion of the Planned Uprate the actual Capacity increase associated with the Planned Uprate, as determined by Performance Tests pursuant to Section 5.3(d)(ii), shall become a part of the Buyer’s Capacity Amount, and Exhibit B shall be adjusted to include the increase in Capacity related to such Planned Uprate. The procedures for Uprates described in Section 2.9(b) shall not apply to the Planned Uprate. The Planned Uprate shall not be included in Delivered Energy until the transmission upgrades, if any, required for the Planned Uprate have been completed in accordance with the applicable transmission studies performed by ATC and/or MISO. (ii) Any transmission upgrade costs to be assessed upon Seller as a direct result of the Capacity increase of the Planned Uprate (the “Planned Uprate Transmission Upgrade Costs”) shall be reimbursed by Buyer. Buyer’s payment therefor shall be due within 10 days after Seller’s actual payment of such costs and the receipt by Buyer of an invoice for such payment together with documentation setting forth such Planned Uprate Transmission Upgrade Costs in reasonable detail.
Uprates. Owner retains exclusive authority to be exercised in its sole discretion with regard to any Uprate of the Plant. If Owner elects to Uprate the Plant, Operator shall cooperate and coordinate with Owner and any third-party contractors performing work in connection with such Uprate. With respect to additional services that may be required in connection with an Uprate to the Plant that are not otherwise covered under this Agreement, Owner shall offer Operator the opportunity to enter into negotiations for the provision under a separate agreement of such services prior to entering into a contract for such work with a third-party provider.
Uprates. After the Effective Date of Service, Southern has the unilateral right to increase the capacity of (i.e., uprate) the Facility. If and when an uprate of the Facility is completed and to the extent that additional output above the Contract Capacity and the Reserved Capacity is available from the Facility as a result, then following such uprate, Southern shall offer DYPM the right to purchase any such additional output as an addition to the Contract Capacity and related rights existing under this Agreement. Southern shall make such offer by written notice to DYPM, which notice shall include the pricing at which Southern is willing to make such additional output available. Within twenty (20) Business Days following DYPM's receipt of such offer from Southern, DYPM shall advise Southern of its decision to accept or reject the offer. A failure to respond within such twenty (20) Business Day period shall be deemed to be a rejection of the offer. If DYPM accepts the offer, then Southern and DYPM shall amend this Agreement to provide DYPM the additional output consistent with the terms and conditions of this Agreement. If the additional output is not purchased by DYPM, then Southern has the right to market the additional output provided that fuel additional to that supplied hereunder is obtained by Southern for the incremental capacity and energy. Southern's use of the capacity and energy associated with any such uprate not purchased by DYPM shall be subordinate to DYPM's Schedule. In addition, no uprate of the Facility shall be deemed to adversely affect any of the heat rate characteristics or other performance characteristics set forth in this Agreement. Southern shall indemnify and hold DYPM harmless from and against any such negative effects associated with any such uprate in comparison to the rights and benefits associated with the Facility prior to such uprate.

Related to Uprates

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