Examples of Reliability Curtailment in a sentence
If Buyer fails to accept all or part of any of the Products to be purchased by Buyer hereunder, and such failure to accept (a) is not the result of Reliability Curtailment or (b) is not otherwise excused under the terms of this Agreement (a “Rejected Purchase”), then Buyer shall pay Seller, on the date payment would otherwise be due in respect of the month in which the failure occurred, an amount for such Rejected Purchase equal to the Resale Damages.
Notwithstanding anything to the contrary, Buyer shall have no obligation to pay for (and shall have no other liability for and shall not be considered in breach or default under this Agreement (and no Event of Default or Potential Event of Default of Buyer shall arise) as a result of) any Energy that, regardless of reason therefor (including Force Majeure or any Reliability Curtailment), has not actually been delivered to Buyer at the Injection Point, except to the extent set forth under Section 7.4.
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.
Purchaser shall notify Seller of the maximum amount of Renewable En- ergy, if any, during any Reliability Curtailment that Seller may continue to deliver, and Seller shall ensure that the amount of net Energy delivered by the Facility at the Point of Delivery does not exceed such amount.
Pur- chaser shall have no obligation to pay for any energy thathas not actually been generated by the Facility (other than in the case of non-generation in response to a notice of Economic Curtailment in accordance with Exhibit J), de- livered to Purchaser at a location other than the Point of Delivery or delivered contrary to an Economic Curtail- ment or Reliability Curtailment.
Purchaser shall be responsible for all scheduling costs, imbalance costs, and congestion costs incurred at the Point of Delivery and for delivery of its Contract Capacity Share of the Test Energy and Renew- able Energy at and from the Point of Delivery, excluding any such costs arising from the failure by Seller to curtail deliveries in connection with a Reliability Curtailment or Economic Curtailment.
In the event that Seller fails to satisfy any of its obligations to Deliver any of the Products or any portion of the Products hereunder in accordance with Section 4.1, Section 4.2 and Section 4.7, and such failure is not excused under the express terms of this Agreement or the result of a Reliability Curtailment (a “Delivery Failure”), Seller shall pay Buyer an amount for such Delivery Failure equal to the Cover Damages for such Delivery Failure.
The National Grid PPAs also contain a provision (not in the Eversource and Unitil PPAs) that creates an event of default if the Mayflower facility fails to achieve an average Real-Time High Operating Limit (as defined in ISO New England rules) of at least 50 percent for two consecutive Contract Years (with Force Majeure, Catastrophic Failure and Reliability Curtailment exceptions).
If Buyer fails to accept all or part of any of the Products to be purchased by Buyer hereunder, and such failure to accept (a) is not the result of Reliability Curtailment or (b) is not otherwise excused under the terms of this Agreement (a “Rejected Purchase”), then Buyer shall pay Seller, on the date payment would otherwise be due in respect of the month in which the failure occurred, an amount for such Rejected Purchase equal to the Resale Damages.
To the extent Energy is delivered contrary to the Economic Curtailment requirements of Exhibit B or any Reliability Curtailment, Purchaser shall pay for such Energy at the rates provided herein, but such purchase price shall be reduced by all net costs (including any positive difference between the Contract Rate and the LMP) incurred by Purchaser as a result of using or disposing of any Energy deliveries contrary to such Economic Curtailment requirements of Exhibit B or Reliability Curtailment.