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 Xxxxx as a result thereof.
More Definitions of Delivery Excuse
Delivery Excuse has the meaning set forth in Section 16.1.
Delivery Excuse has the meaning set forth in Section 8.2(b) of Exhibit D.
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 means: (i) any Event of Default of DYPM or DMT under this Agreement or any event which, with the giving of notice or lapse of time or both, would become an Event of Default under this Agreement; (ii) DMT for any reason (other than a failure resulting from a default or failure to perform by Southern or one of its Affiliates) does not supply Gas required by the Facility (unless the Facility is not constructed) or to an Alternate Gas Delivery Point(s) (as required by Section 6.2); provided, however, that failures to supply to Alternate Gas Delivery Point(s) for reasons beyond DMT's reasonable control shall not constitute a Delivery Excuse; or (iii) the delivery of Gas to the Facility that does not meet the specifications of applicable transportation pipelines serving the Facility; (iv) any failure or inability of DYPM to acquire and maintain adequate transmission service for the delivery of energy; and (v) any Emergency Condition. Nothing contained in this Agreement or elsewhere shall require Southern to replace, either in whole or in part, the Gas supply provided by DMT hereunder with any other Gas supply arrangement.
Delivery Excuse means: (i) any Event of Default of DYPM under this Agreement or any event which, with the giving of notice or lapse of time or both, would become an Event of Default under this Agreement; (ii) the failure of any portion of Gas supply intended for Specified Seller's Resources under any Gas supply agreement to which Southern is a party (other than a failure resulting from a default or failure to perform by Southern or one of its Affiliates) for any reason or the failure of Gas supply to an alternate gas delivery point(s) (as required by Section 6.2), provided, however, that failures to supply to alternate delivery point(s) for reasons beyond DYPM's control shall not constitute a Delivery Excuse; or (iii) the delivery of Gas to the Specified Seller's Resources that does not meet the specifications of applicable transportation pipelines serving the Specified Seller's Resources; (iv) any failure or inability of DYPM to acquire and maintain adequate transmission service for the delivery of energy; and (v) any Emergency Condition. Prior to the Effective Date of Service, Southern and DYPM (or its Affiliate(s)) shall enter into an agreement for the supply of Gas by DYPM (or its Affiliate(s)) for use by Specified Seller's Resource(s). Nothing contained in this Agreement or elsewhere shall require Southern to replace, either in whole or in part, any failure of Gas supply under any Gas supply agreement (including such an agreement with DYPM or its Affiliate(s)) or arrangement with any other Gas supply arrangement.
Delivery Excuse means: (i) any Event of Default of Purchaser 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, or (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; or (vi) any Emergency Condition directly resulting from the act or omission of Purchaser.
Delivery Excuse means: (i) any Event of Default of Purchaser under this Agreement; (ii) the unreasonable delay or failure by Purchaser in giving an approval within the times required under this Agreement; (iii) the delay or failure by Purchaser in performing amaterial obligation under this Agreement; (iv) the delay or failure of Purchaser to deliver Fuel or to accept Contract Capacity or Net Electrical Output as required under this Agreement, which failure does not arise in each case as a result of Seller's non-performance under this Agreement; or (v) any event described in Section 6.3.