Examples of Actual Facility Size in a sentence
To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements under Section 3.4(b) of this Agreement, if the Independent Engineer’s certification provides that the Actual Facility Size exceeds the Proposed Facility Size as provided in Exhibit A, the Buyer’s Percentage Entitlement will be recalculated and replaced by the percentage derived by dividing the Contract Maximum Amount by the Actual Facility Size.
Within thirty (30) days after the Commercial Operation Date and after the delivery of each Additional Construction Certificate, as applicable, Seller shall provide Buyer with an updated version of Exhibit A and Exhibit E solely to reflect the Actual Facility Size, the serial number of each turbine included in the Facility, and the Related Transmission Facilities, each as built and configured as of the Commercial Operation Date.
To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements under Section 3.4(b) of this Agreement, if the Independent Engineer’s certification provides that the Actual Facility Size exceeds the Expected Nameplate Capacity as provided in Exhibit A, the Buyer’s Percentage Entitlement will be recalculated and replaced by the percentage derived by dividing the Contract Maximum Amount by the Actual Facility Size.
Upon Seller giving the notice to proceed with the construction of the Facility and again within thirty (30) days after the Commercial Operation Date, or the delivery of the Additional Construction IE Certificate, as applicable, Seller shall provide Buyer with updated versions of Exhibit A to reflect the as-built Facility, including the Actual Facility Size.
A failure of the Biennial Average Real-Time High Operating Limit for any two consecutive Contract Years to be at least fifty percent (50%) of the Actual Facility Size, except to the extent excused by (i) a Force Majeure (without affecting Buyer’s right to terminate this Agreement under Section 10.1(c)), (ii) a Catastrophic Failure not caused by a Force Majeure, unless and until such Catastrophic Failure exceeds the duration of the Catastrophic Failure Period or (iii) a Reliability Curtailment.
To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements under Section 3.4(b) of this Agreement, if the Independent Engineer’s certification provides that the Actual Facility Size exceeds the Proposed Facility Size, the Buyer’s Percentage Entitlement will be recalculated and replaced by the percentage derived by dividing the maximum Contract Maximum Amount by the Actual Facility Size.
The National Grid PPAs include a “Biennial Average Real-Time High Operating Limit” provision, whereby Mayflower Wind is obligated to have total generation available of at least fifty percent (50%) of the Actual Facility Size; if Mayflower Wind fails to satisfy the Biennial Average Real-Time High Operating Limit it is considered an Event of Default (id.
To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements under Section 3.4(b) of this Agreement, if the Independent Engineer’s certification provides that the Actual Facility Size exceeds the Proposed Facility SizeExpected Nameplate Capacity as provided in Exhibit A, the Buyer’s Percentage Entitlement will be recalculated and replaced by the percentage derived by dividing the Contract Maximum Amount by the Actual Facility Size.
A failure of the Biennial Average Real-Time High Operating Limit for any two consecutive Contract Years to be at least fifty percent (50%) of the Actual Facility Size.
To the extent that Seller has constructed the Facility in accordance with Good Utility Practice and met all requirements under Section 3.4(b) of this Agreement, if the Independent Engineer’s certification provides that the Actual Facility Size exceeds 50 MW, the Buyer’s Percentage Entitlement will be recalculated and replaced by the percentage derived by dividing 50 MW by the Actual Facility Size.