Capacity Deficiency Sample Clauses

Capacity Deficiency. To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements for the Commercial Operation Date under Section 3.4(b) of this Agreement, including, without limitation, the requirement that the Actual Facility Size as of the Commercial Operation Date is at least of the proposed nameplate capacity of the Facility as set forth in Exhibit A, but a Capacity Deficiency exists on the Commercial Operation Date as permitted by Section 3.4(b), then (i) on the Commercial Operation Date, the Contract Maximum Amount shall be automatically and temporarily reduced commensurate with the Capacity Deficiency, which reduced Contract Maximum Amount shall be stated in a notice from Buyer to Seller, which notice shall be binding absent manifest error, and (ii) Seller shall have a period of following the Commercial Operation Date to attempt to increase the Actual Facility Size to an amount not to exceed the proposed nameplate capacity of the Facility as set forth in Exhibit A (the “Additional Construction Period”). On the earlier of (A) the date that (I)(x) the portions of the Facility constructed during the Additional Construction Period have been completed in all material respects (excepting punchlist items that do not affect the ability of the Facility, Network Upgrades, Related Transmission Facilities, Phase II Network Upgrades and Phase II Related Transmission Facilities to operate as intended hereunder) in accordance with this Agreement and are capable of regular commercial operation in accordance with Good Utility Practice and the manufacturer’s guidelines for all material components of the Facility, (y) all requirements of the ISO-NE Rules and ISO-NE Practices for the delivery of the Products to Buyer have been satisfied and (z) all performance testing for such portions of the Facility has been successfully completed (provided that all of the conditions precedent set forth in Section 3.4(b) remain satisfied after giving effect to the portions of the Facility constructed during the Additional Construction Period); and (II) Seller has delivered to Buyer the Additional Construction Certificates and certificates of insurance evidencing the coverages required under Section 3.5(i) for the Facility after giving effect to the portions of the Facility constructed during the Additional Construction Period and (B) the last day of the Additional Construction Period, the Contract Maximum Amount and the Operating Period ...

Capacity Deficiency. To the extent that a Capacity Deficiency exists on the Commercial Operation Date as permitted by Section 4.4.1(b)(i) of the TSA, then on the Commercial Operation Date, the Contract Maximum Amount shall be automatically reduced commensurate with the Capacity Deficiency, which reduced Contract Maximum Amount shall be stated in a notice from Seller to Buyer, which notice shall be binding absent manifest error; provided that, pursuant to Section 4.4.1(b) of the TSA, in the event that, during the twenty-four

Capacity Deficiency. To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements for the Commercial Operation Date under Section 3.4(b) of this Agreement, but a Capacity Deficiency exists on the Commercial Operation Date as permitted by Section 3.4(b), then on the Commercial Operation Date, the Contract Maximum Amount shall be automatically and permanently reduced commensurate with the Capacity Deficiency, which reduced Contract Maximum Amount shall be stated in a notice from Buyer to Seller, which notice shall be binding absent manifest error.Increase in Facility Size. To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements under Section 3.4(b) of this Agreement, if the Independent Engineer’s certification provides that the Actual Facility Size exceeds the Proposed Facility Size as provided in Exhibit A, the Buyer’s Percentage Entitlement will be recalculated and replaced by the percentage derived by dividing the Contract Maximum Amount by the Actual Facility Size.

Capacity Deficiency. To the extent that a Capacity Deficiency exists on the Commercial Operation Date as permitted by Section 4.4.1(b)(i) of the TSA, then on the Commercial Operation Date, the Contract Maximum Amount shall be automatically reduced commensurate with the Capacity Deficiency, which reduced Contract Maximum Amount shall be stated in a notice from Seller to Buyer, which notice shall be binding absent manifest error; provided that, pursuant to Section 4.4.1(b) of the TSA, in the event that, during the twenty-four (24) months following the TSA Commercial Operation Date, such Capacity Deficiency is reduced or eliminated, then the Contract Maximum Amount shall be automatically increased commensurate with such reduction or elimination, which increased Contract Maximum Amount (i) shall not exceed the MWh/hour set forth in the definition of “Contract Maximum Amount” herein and (ii) shall be stated in a notice from Seller to Buyer, which notice shall be binding absent manifest error.

Capacity Deficiency. A common issue affecting all the state institutions charged with providing services at the national and sub-national levels is limited capacity. However this manifests in various ways. Often entities have been assigned extensive portfolios, with insufficient technical and administrative capacity to fulfil those mandates, including gender sensitive budgeting and planning. In other instances, where technical capacity exists, it is difficult to retain because of the non-competitive remuneration packages. Jamaica also is seeking ways of addressing a brain drain problem, which has particular impact in the health and education sectors. The Jamaican government while approving a public sector rationalization programme, which is seeking to address public sector efficiency and effectiveness, has not developed necessary counterpart instruments such as a Workforce Development Programme to ensure full capacity for all the services which it agrees to retain under the reformed public sector. The programme cycle from 2012 -2016 will see UNDP’s on-going support to capacity development. This will include conscious efforts in training the Implementing Partners (IPs), effective use of the HACT and Capacity Assessments for identification of capacity deficiencies and development of a capacity development strategy based on the results during the project formulation phase.

Capacity Deficiency. Any Capacity Deficiency (assuming an “Expected Nameplate Capacity” (as defined in the PPAs) of 400 MW) in respect of either Facility shall not exceed 25% in respect of such Facility.

Capacity Deficiency. (a) Whenever the amount of Installed Capacity credit that NYSEG receives (i) from NYPP or the ISO, or (ii) to the extent NYSEG has designated PJM Installed Capacity in accordance with Sections 3.5(c) and 4, from PJM for capacity supplied by Generator, is less than the amount of Installed Capacity for which an Option has been exercised, then unless excused by Force Majeure, Generator shall pay NYSEG monthly for any costs incurred by NYSEG associated with Generator's failure to supply Installed Capacity under this Agreement as follows: The sum of (a) all charges imposed by the NYPP, ISO or PJM, including penalties and fines to the extent they exceed charges that would have been due under Section 5.1 had Generator performed with respect to the amount of Installed Capacity by which the Generator was deficient and on which NYSEG incurred NYPP or ISO charges or directly or indirectly incurred PJM charges; (b) if Generator fails to provide Replacement Capacity, and NYSEG obtains Replacement Capacity, then NYSEG's Replacement Capacity Cost, to the extent not included in (a); and (c) all related transaction costs to the extent not included in (a) and (b), that are reasonably incurred, associated with Generator's failure to provide Installed Capacity. (b) If NYSEG incurs any costs over a period greater than one calendar month or at one time associated with Generator deficiencies described above in this Section at a different time, or if NYSEG purchases more Installed Capacity than the amount by which Generator was deficient, then NYSEG shall, in its reasonable discretion, allocate these costs on a monthly basis and determine the portion associated with the deficiency. (c) NYSEG shall set off any payments Generator owes under this Section 5.2 against any payments NYSEG owes Generator under Section 5.1. If payments due NYSEG under Section 5.2 exceed payments due Generator under Section 5.1., Generator shall pay NYSEG the difference.