Adjustment to Installed Capacity Estimate. Permitted reduction
Adjustment to Installed Capacity Estimate. RELEVANT CONSTRUCTION EVENT
Adjustment to Installed Capacity Estimate. PERMITTED REDUCTION
Adjustment to Installed Capacity Estimate. Permitted reduction) and/or Clause 6.5 (Turbine reallocation) of this CfD (Phase 3)
Adjustment to Installed Capacity Estimate. RELEVANT CONSTRUCTION EVENT
5.1 The Generator may, if it considers that a Relevant Construction Event has occurred, give a notice to the CfD Counterparty (an “RCE Notice”). An RCE Notice must be given to the CfD Counterparty no later than three (3) months prior to the Longstop Date (the “RCE Deadline”) and shall:
(A) specify:
(i) the reduction to the Installed Capacity Estimate which the Generator considers to be necessary to take into account the Relevant Construction Event; and
(ii) the Installed Capacity Estimate which will apply if such reduction is made (an “RCE-Adjusted Installed Capacity Estimate”);
(B) include details of any change to the assets comprising the Facility which will result from the proposed reduction to the Installed Capacity Estimate; and
(C) include such Supporting Information as the Generator considers to be relevant to evidence:
(i) the existence or occurrence of the Construction Event and the basis for the Generator having concluded that the Construction Event constitutes a Relevant Construction Event;
(ii) the basis for the Generator having concluded that, as a result of the existence or occurrence of the Relevant Construction Event, the Installed Capacity Estimate is required to be reduced to the RCE-Adjusted Installed Capacity Estimate; and
(iii) the details of any change to the assets comprising the Facility which will result from the proposed reduction to the Installed Capacity Estimate.
5.2 Each RCE Notice shall be accompanied by a Directors’ Certificate in relation to the information contained in, and enclosed with, the RCE Notice.
5.3 If a Relevant Construction Event occurs immediately prior to the Milestone Delivery Date, such that the Generator is unable to specify in an RCE Notice given prior to such date: (i) the reduction to the Installed Capacity Estimate which it considers to be necessary to take into account the Relevant Construction Event; and (ii) the RCE-Adjusted Installed Capacity Estimate, the Generator may include the Generator’s good faith estimate of (i) and (ii) (such good faith estimate being in substitution of the requirements provided for in Condition 5.1(A)), provided that the Generator shall, as soon as reasonably practicable following the Milestone Delivery Date, give the CfD Counterparty a further RCE Notice in the form provided for in Condition 5.1.
5.4 If the Generator gives an RCE Notice to the CfD Counterparty, the CfD Counterparty shall, no later than twenty (20) Business Days after receipt of...
Adjustment to Installed Capacity Estimate. PERMITTED REDUCTION
6.1 The Generator may, if it considers that the Installed Capacity will be lower than the Installed Capacity Estimate, give a notice to the CfD Counterparty (an “ICE Adjustment Notice”). An ICE Adjustment Notice must be given to the CfD Counterparty no later than the Milestone Delivery Date (the “ICE Adjustment Deadline”) and shall:
Adjustment to Installed Capacity Estimate. PERMITTED REDUCTION
6.1 The Generator may, if it considers that the Installed Capacity will be lower than the Installed Capacity Estimate, give a notice to the CfD Counterparty (an “ICE Adjustment Notice”). An ICE Adjustment Notice must be given to the CfD Counterparty no later than the Milestone Delivery Date (the “ICE Adjustment Deadline”) and shall:
(A) specify:
(i) the amount by which the Installed Capacity will be lower than the Installed Capacity Estimate;
(ii) the new Installed Capacity Estimate which is to apply to the Facility as a result of such reduction (the “Revised ICE”);
(B) include details of any change in the Facility which will result from the reduction to the Installed Capacity Estimate (which shall include revised details of the assets comprising the Facility and any revised aerial view of the unique geographical location of (a) the Facility, (b) the Facility Metering Equipment, and
Adjustment to Installed Capacity Estimate. RELEVANT GEOLOGICAL ISSUE
5.1 The Generator may, if it considers that a Relevant Geological Issue has occurred, give a notice to the CfD Counterparty (an “RGI Notice”). An RGI Notice must be given to the CfD Counterparty no later than the date on which the CfD Counterparty gives the CP Fulfilment Notice to the Generator (the “RGI Deadline”) and shall:
(A) be substantially in the form set out in Part K of Annex 8 (Pro forma notices);
(B) specify:
(i) the reduction to the Installed Capacity Estimate which the Generator considers to be necessary to take into account the Relevant Geological Issue; and
(ii) the Installed Capacity Estimate which will apply if such reduction is made (an “RGI-Adjusted Installed Capacity Estimate”); and
(C) include such Supporting Information as the Generator considers to be relevant to evidence:
(i) the existence or occurrence of the Geological Issue and the basis for the Generator having concluded that the Geological Issue constitutes a Relevant Geological Issue; and
(ii) the basis for the Generator having concluded that, as a result of the existence or occurrence of the Relevant Geological Issue, the Installed Capacity Estimate is required to be reduced to the RGI-Adjusted Installed Capacity Estimate.
