Deemed Generated Energy has the meaning set forth in Section 7.4(c). “Default” has the meaning set forth in Section 13.1.
Deemed Generated Energy means, during an applicable period of time, the quantity of Energy, expressed in MWh, that would have been produced by the Project, delivered to the Delivery Point as Delivered Energy and sold to Buyer in accordance with the terms of the Agreement during such period but for Buyer’s Unexcused Failure. Deemed Generated Energy shall be determined by taking into account the following:
Deemed Generated Energy. The electrical energy expressed in kWh that as a result of the Buyer’s System Interruption is not generated and/or delivered to the Buyer at the Delivery Point;
Examples of Deemed Generated Energy in a sentence
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Within thirty (30) days after receipt by Buyer of additional information regarding such Deemed Generated Energy calculation, or on the date mutually agreed to by the Parties, Buyer shall pay to Seller the amount specified in the invoice or notify Seller of any discrepancies with respect to its calculation of the Deemed Generated Energy, in which event such invoice shall be subject to the provisions of Section 11.3.
Buyer shall be excused from receiving any Facility Energy from Seller and shall not be obligated to pay Seller for the amount of reduced Facility Energy arising during a curtailment under this Section 7.4(a); provided that the Parties shall calculate the amount of Deemed Generated Energy for reductions of deliveries of Facility Energy arising under this Section 7.4(a), for purposes of determining Seller’s compliance towards its Guaranteed Generation.
Balancing Amounts with respect to Energy from the Project not delivered to Buyer pursuant to the terms hereof, including Excess Products, are for the account of Seller (other than Deemed Generated Energy for which Buyer is obligated to compensate Seller for pursuant to Section 3.16).
Within thirty (30) days after receipt by such Buyer of additional information regarding such Deemed Generated Energy calculation, or on the date mutually agreed to by the Parties pursuant to such Buyer’s request for additional time to verify the information provided by Seller, such Buyer shall notify Seller of any discrepancies with respect to its calculation of the Deemed Generated Energy, in which event such invoice shall be subject to the provisions of Section 10.3.
More Definitions of Deemed Generated Energy
Deemed Generated Energy means the amount of Energy, expressed in MWh, that the Facility would have produced and delivered to the Point of Delivery, but for a curtailment event arising under this Section 7.4, which amount shall be equal to (i) the amount of MWh provided for in Seller’s most recently delivered forecast applicable to the curtailment event, less (ii) the amount of Facility Energy delivered to the Point of Delivery during the curtailment event, if any, or, if there is no forecast available, (A) an amount of MWh calculated based on an equation that incorporates relevant Facility and feedstock availability, weather and other pertinent data for the period of time during the curtailment event in order to approximate the amount of Facility Energy that would have been delivered, less (B) the amount of Facility Energy delivered to the Point of Delivery during the curtailment event, if any; provided that, (1) if the applicable difference calculated pursuant to either of the formulas provided above is negative, the Deemed Generated Energy shall be zero (0), and (2) in no event shall Deemed Generated Energy be greater than 18 MWh in the aggregate for any hour. The equation in (A) and (B) shall be subject to review and approval by Buyers’ Agent.
Deemed Generated Energy means the amount of Energy, expressed in MWh, that the Facility would have produced and delivered to the Point of Delivery, but for a curtailment event arising under this Section 7.4, which amount shall be equal to (i) the amount of MWh provided for in the EIRP Forecast applicable to the curtailment event, regardless of whether Seller is participating in the EIRP during the curtailment event, less (ii) the amount of Facility Energy delivered to the Point of Delivery during the curtailment event, if any, or, if there is no EIRP Forecast available, (A) an amount of MWh calculated based on an equation that incorporates relevant Facility availability, weather and other pertinent data for the period of time during the curtailment event in order to approximate the amount of Facility Energy that would have been delivered, less (B) the amount of Facility Energy delivered to the Point of Delivery during the curtailment event, if any; provided that, if the applicable difference calculated pursuant to either of the formulas provided above is negative, the Deemed Generated Energy shall be zero (0). The equation in (A) and (B) shall be subject to review and approval by Buyers’ Agent.
Deemed Generated Energy means the amount of Energy, expressed in MWh, that the Facility would have produced and delivered to the Point of Delivery, but for a curtailment event arising under this Section 7.4 or during any other Seller Excused Hour, which amount shall be equal to (i) the amount of MWh provided for in the EIRP Forecast applicable to the curtailment or other event, regardless of whether Seller is participating in the EIRP during the curtailment event, less (ii) the amount of Facility Energy delivered to the Point of Delivery during the curtailment or other event, if any, or, if there is no EIRP Forecast available, (A) an amount of MWh calculated based on an equation that incorporates relevant Facility availability, weather and other pertinent data for the period of time during the curtailment event in order to approximate the amount of Facility Energy that would have been delivered, less (B) the amount of Facility Energy delivered to the Point of Delivery during the curtailment event, if any; provided that, if the applicable difference calculated pursuant to either of the formulas provided above is negative, the Deemed Generated Energy shall be zero (0). The equation in (A) and (B) shall be subject to review and approval by Xxxxx.
Deemed Generated Energy means during any Curtailment Period: the amount of Energy, expressed in MWh, that the Facility would have produced and delivered to the Point of Delivery, which amount shall be equal to (a) the amount of MWh provided for in the EIRP Forecast applicable to the Curtailment Period, unless Seller is prohibited from participating in the EIRP during the Curtailment Period, in which case the amount of MWh shall be based on a forecast or backcast (“Replacement Forecast”) from Clean Power Research or another third-party forecaster mutually agreed upon by Buyer and Seller, less (b) the amount of Facility Energy delivered to the Point of Delivery during the Curtailment Period, if any. If a Replacement Forecast is used, Seller shall be solely responsible for the costs of such Replacement Forecast.
Deemed Generated Energy. “Replacement Product” means (a) Replacement Energy and (b) the applicable Environmental Attributes. “Requirements” means, collectively, (a) any standards or requirements of ASTM, ASME, AWS, EPA, EEI, IEEE, ISA, National Electrical Code, National Electric Safety Code, OSHA, Cal-OSHA, Uniform Building Code, or Uniform Plumbing Code applicable to the d... “Requirement of Law” means any federal, state, local or other law (including any environmental law, EPS Law, RPS Law), resolution, standard, code, rule, ordinance, directive, regulation, order, judgment, decree, ruling, determination, permit, certific... “RFP” has the meaning set forth in the recitals to this Agreement. “RPS Compliance” or “RPS Compliant” means, when used with respect to the Facility or any other facility at any time, that all Energy generated by such facility at all times shall, together with all of the associated Environmental Attributes, qualify a... “RPS Compliance Period” means each “Compliance Period” as defined in the RPS Law. “RPS Law” means the California Renewable Energy Resources Act, including the California Renewables Portfolio Standard Program, Article 16 of Chapter 2.3, Division 1 of the Public Utilities Code, California Public Resources Code § 25740 through 25751, ... “SCADA” means the supervisory control and data acquisition system for the Facility. “Schedule” or “Scheduling” means the actions of Seller and Buyer, their Authorized Representatives, the Scheduling Coordinator, and the Transmission Providers, if applicable, of notifying, requesting and confirming to the CAISO the amounts of Facility... “Scheduled Outage” means any outage with respect to the Facility other than a Forced Outage. “Scheduled Outage Projection” has the meaning set forth in Section 4.4(a). “Scheduling Coordinator” has the meaning set forth in the CAISO Tariff. “Seller” has the meaning set forth in the preamble of this Agreement. “Seller Curtailment” has the meaning set forth in Section 7.4(d). “Seller’s Compliance Expenditure Cap” means Five Million Dollars ($5,000,000) in the aggregate during the Delivery Term. “Seller’s Knowledge” means (a) the actual knowledge of any officer of Seller or any officer of any manager or managing member of Seller of any fact, circumstance or condition or (b) the knowledge that any officer of Seller or any officer of any manage... “Settlement Statement” has the meaning set forth in the CAISO Tariff. “Shared Facilities Agreement” means those certain shared facilities ag...
Deemed Generated Energy means the quantity of Facility Energy, expressed in MWh, that would have been produced by the Facility and delivered to the Point of Delivery during a particular month but for curtailment of the Facility, which shall be calculated using the procedures developed under Section 7.6(d).
Deemed Generated Energy means Deemed Delivered Energy and Buyer’s Share of Facility Energy that the Parties reasonably estimate would have been delivered to the Points of Interconnection but for a Force Majeure that excuses Seller’s delivery thereof pursuant to Section 14.6, including Buyer’s Share of Facility Energy actually generated but not delivered due to such Force Majeure.