Delivery Excuse definition

Delivery Excuse means (i) any Event of Default of Buyer under this Agreement; (ii) the delay or failure by Buyer in performing a material obligation under this Agreement; (iii) the delay or failure of Buyer to deliver Charging Energy or to accept Product as required under this Agreement for whatever reason which failure does not arise in each case as a result of Seller’s non-performance under this Agreement; (iv) the delay or failure by the Participating Transmission Owner in performing a material obligation under any interconnection agreement to which it is a party with Seller, provided Seller assigns to Buyer any claim it may have against the Participating Transmission Owner related to such delay or failure; (v) the delay or failure by the electricity retail service provider in performing a material obligation under any interconnection agreement to which it is a party with Seller, provided Seller assigns to Buyer any claim it may have against the Participating Transmission Owner related to such delay or failure; (vi) any curtailment ordered directly or indirectly from the CAISO (but not including any reduction of deliverable capacity of the Project in accordance with Section 40.4.6.1 or 40.4.2 of the Tariff); and (vii) reductions in Capacity that are consistent with Accepted Electrical Practices that are the result of ambient conditions differing from Contract Conditions.

Delivery Excuse has the meaning assigned to such term in Section 17.4(a).

Delivery Excuse means an event solely due to actions or omissions by EPE that prevents or delays delivery of Solar Energy hereunder.

Examples of Delivery Excuse in a sentence

• For a failure to achieve the Guaranteed Start-Up Time (except to the extent caused by a Delivery Excuse), Seller shall reimburse Buyer for imbalance charges, other charges, or penalties imposed by the CAISO upon Buyer as a result thereof.

• If a Energy Storage System is unable to generate or deliver Energy to the Energy Delivery Point after a Start-Up, but before the next scheduled shutdown of such Energy Storage System for any reason other than a Force Majeure or a Delivery Excuse, Buyer shall not be responsible for any electricity costs under this Section 9.4 for the next Start-Up.

• For a failure to achieve the Guaranteed Start-Up Time (except to the extent caused by a Delivery Excuse), Seller shall reimburse Buyer for imbalance charges, other charges, or penalties imposed by the CAISO upon Xxxxx as a result thereof.

• If an Energy Storage System is unable to generate or deliver Energy to the Energy Delivery Point after a Start-Up, but before the next scheduled shutdown of such Energy Storage System for any reason other than a Force Majeure or a Delivery Excuse, Buyer shall not be responsible for any electricity costs under this Section 9.4 for the next Start-Up.

• If a Generating Unit is unable to generate or deliver Energy to the Energy Delivery Point after a Start-Up, but before the next scheduled shutdown of such Generating Unit for any reason other than a Force Majeure or a Delivery Excuse, Buyer shall not be responsible for any charges under this Section 9.4 for the next Start-Up. PAYMENT AND BILLING Billing Period.

More Definitions of Delivery Excuse

Delivery Excuse has the meaning set forth in Section 16.1.

Delivery Excuse means: (i) any Owner Default under this Agreement; or (ii) the delay or failure by Owner in performing any obligation under this Agreement, if such delay or failure to perform is directly related to the excused performance of Contractor.

Delivery Excuse has the meaning set forth in Section 8.2(b) of Exhibit D.

Delivery Excuse shall have the meaning assigned to such term in Section 22.06(a).

Delivery Excuse means: (i) any Event of Default of Consortium under this Agreement; (ii) any delay or failure by Consortium in giving an approval within the times required under this Agreement; (iii) any delay or failure by Consortium in performing any obligation under this Agreement; or (iv) any delay or failure of PETROBRAS to deliver Natural Gas meeting the Natural Gas Quality Specifications or Pressure Specifications or to accept Contract Capacity or Net Electrical Output as required under this Agreement, including, delays or failures caused by third parties other than Genco.

Delivery Excuse shall have the meaning set forth in Section 11.5.

Delivery Excuse means: (i) any breach by Purchaser of its obligations under this Agreement; (ii) any delay or failure by Purchaser in giving any approval within the times required under this Agreement; (iii) any delay or failure by Purchaser in performing any obligation under this Agreement; (iv) any delay or failure of Purchaser to deliver Fuel or to accept Actual Contract Capacity or Net Electrical Output as required under this Agreement unless such failure is the result of Seller’s unexcused failure to perform under this Agreement or Xxxxxxx’x unexcused failure to perform under the Xxxxxxx PPA, (v) any failure of Purchaser to maintain adequate transmission rights to take delivery of the Net Electric Output of a Dedicated Unit or Replacement Power in accordance with the Agreement; (vi) delivery of Non-Conforming Fuel in accordance with Section 8.5(b); (vii) any curtailment or disconnection of the Dedicated Units from the Electrical Transmission System by the Control Center, or any other entity with jurisdiction over the Electrical Transmission System, to the extent such curtailment or disconnection is not caused by fault of the Seller or Xxxxxxx, and provided Seller or Xxxxxxx, as applicable, Contests such action in the event Seller or Xxxxxxx, as applicable, has an opportunity to Contest and concludes in its judgment, reasonably exercised, that a Contest is warranted; or (viii) any Emergency Condition to the extent not caused by the fault of Seller, the fault of Xxxxxxx or an Event of Force Majeure.