Unit Contingency definition

Unit Contingency means that Seller’s failure to deliver the Products intended to be supplied from the Facility is excused to the extent that the Facility is unavailable to produce and deliver one or more Products due to (a) Permitted Planned Maintenance, (b) Force Majeure, (c) an Outage, (d) a Reliability Curtailment or (e) any other event or circumstance (including solar irradiance and other climatic conditions, but excluding economic considerations) that affects the Facility so as to prevent Seller from performing its obligations hereunder, provided, that, such event or circumstance is not a result of a Specified Seller Fault Event. The foregoing shall not be construed to eliminate, limit, or otherwise restrict Buyer’s rights or remedies provided in this Agreement in the event of the occurrence of a Unit Contingency (including any liquidated damages applicable in the event of a Unit Contingency pursuant to Section 4.3(b) and Section 6.1 and the other requirements of Section 4.3(b) and Section 6.1 in respect of the shortfalls described therein). For the avoidance of doubt, the non-dispatch or reduction in the dispatch of the Facility by MISO or other applicable Transmission Provider or interruption or curtailment of electric transmission or other limitation on Products by MISO or other applicable Transmission Provider, in each case, made in response to offers, bids, plans or schedules submitted to MISO or other applicable Transmission Provider (or otherwise on the basis of price signals) shall not constitute a Unit Contingency under any circumstance.
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Unit Contingency means that Seller’s failure to deliver the Products intended to be supplied from the Facility is excused to the extent that the Facility is unavailable to produce and deliver Contract Capacity, Capacity-Related Benefits, Environmental Attributes, Contract Energy and/or Other Electric Products (as applicable) due to (i) Permitted Planned Maintenance, (ii) Force Majeure, (iii) an Outage, (iv) a Reliability Curtailment or (v) any other event or circumstance (including solar irradiance and other climatic conditions, but excluding economic considerations) that affects the Facility so as to prevent Seller from performing its obligations hereunder, provided, that, such event or circumstance is not a result of a Specified Seller Fault Event. The foregoing shall not be construed to eliminate, limit, or otherwise restrict Buyer’s rights or remedies provided in this Agreement in the event of the occurrence of a Unit Contingency (including any liquidated damages applicable in the event of a Unit Contingency pursuant to Section 4.3(b) and Section 6.1 and the other requirements of Section 4.3(b) and Section 6.1 in respect of the shortfalls described therein). For the avoidance of doubt, the non- dispatch or reduction in the dispatch of the Facility by MISO or other applicable Transmission Provider or interruption or curtailment of electric transmission or other limitation on Products (including Delivered Energy) by MISO or other applicable Transmission Provider, in each case, made in response to offers, bids, plans or schedules submitted to MISO or other applicable Transmission Provider (or otherwise on the basis of price signals) shall not constitute a Unit Contingency under any circumstance.
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Unit Contingency means, with respect to Energy or Ancillary Services associated with Buyer’s Contractual Capacity, that such Energy or Ancillary Services is intended to be supplied from the Facility and Seller’s failure to deliver such Energy or Ancillary Services is excused to the extent the Facility (including all facilities on Seller’s side of the Delivery Point) is unavailable as a result of (i) an Outage, (ii) Force Majeure or (iii) Buyer’s failure to perform.
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Examples of Unit Contingency in a sentence

  • The burden of establishing the existence and extent of any Unit Contingency shall be on Seller.

  • Without limiting the foregoing and for the avoidance of doubt, in the event of a Unit Contingency, Seller shall be subject to any liquidated damages applicable in the event of a Unit Contingency pursuant to Section 4.3(b) and Section 6.1 and the other requirements of Section 4.3(b) and Section 6.1 in respect of the shortfalls described therein.

  • Without limiting the foregoing, absent a Unit Contingency, Seller shall not interrupt, curtail or otherwise reduce the availability or deliveries of Contract Energy for which the LMP exceeds the Minimum Market Price in either MISO Market, regardless of prices or other economic conditions at the Electric Interconnection Point or Injection Point.

  • Seller’s obligations to make available and deliver to Buyer the Products shall be on a Unit Contingent basis; provided, however, that the foregoing shall not be construed to eliminate, limit, or otherwise restrict Buyer’s rights or remedies provided in this Agreement in the event of the occurrence of a Unit Contingency.


More Definitions of Unit Contingency

Unit Contingency means, with respect to Buyers’ Contractual Capacity or Energy or Ancillary Services associated with Buyers’ Contractual Capacity, that such Buyers’ Contractual Capacity, Energy or Ancillary Services is intended to be supplied from a given Facility and Seller’s failure to deliver such Buyers’ Contractual Capacity, Energy or Ancillary Services is excused to the extent that a given Facility or portion of a Facility is unavailable; provided that Seller’s failure could not have been avoided by Seller’s exercise of Good Utility Practice.
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Related to Unit Contingency

  • Unit Contingent means that Seller is excused from any failure to Deliver Product quantity on account of failure of a specified Renewable Energy Facility to generate the amount of RECs necessary in the Vintage or other time period indicated. In such event, Seller shall not be liable to Buyer for any damages, including any amounts determined pursuant to Article 5.

  • Unit Capital means the aggregate of the face value of units issued under the scheme and outstanding for the time being.

  • Contingency operation means a military operation that results in the call or order to, or retention on, active duty of members of the uniformed services during a war or during a national emergency declared by the President or Congress.

  • National Contingency Plan or “NCP” shall mean the National Oil and Hazardous Substances Pollution Contingency Plan promulgated pursuant to Section 105 of CERCLA, 42 U.S.C. § 9605, codified at 40 C.F.R. Part 300, and any amendments thereto.

  • Management Area means the land and waters to which this Act applies by operation of section 4, and includes any land the subject of an agreement under section 11(1)(a);

  • Operational Control means Security monitoring, adjustment of generation and transmission resources, coordinating and approval of changes in transmission status for maintenance, determination of changes in transmission status for reliability, coordination with other Balancing Authority Areas and Reliability Coordinators, voltage reductions and load shedding, except that each legal owner of generation and transmission resources continues to physically operate and maintain its own facilities.

  • Investment Management Fee means each of the Senior Investment Management Fee, the Subordinated Investment Management Fee and the Incentive Investment Management Fee.

  • Management Entity means the community developmental disability program or private corporation that operates the regional crisis diversion program, including acting as the fiscal agent for regional crisis diversion funds and resources.

  • Board of Management means the Board of Management of the University;

  • Management Control means the possession, directly or indirectly of the power to direct or cause the direction of the management and policies of the Concessionaire, whether through the ownership of voting securities, by contract or otherwise or the power to elect or appoint more than 50% (fifty percent) of the directors, managers, partners or other individuals exercising similar authority with respect to the Concessionaire.

  • Management Company means the firm overseeing the operation and management of the Participating Property; and shall mean the Grantee in any event wherein the Management Company is required to perform any obligations under this Agreement.

  • Management Plan means a plan to manage the activities and protect the special value or values in an Antarctic Specially Protected Area or an Antarctic Specially Managed Area.

  • Project Management Unit or “PMU” means the Recipient’s management and Implementation unit referred to in Section I.A.2 of Schedule 2 to this Agreement.

  • Management means an activity inclusive of control and performed on a daily basis, by any person who is a principal executive officer of the company, by whatever name that person may be designated, and whether or not that person is a director.