Common use of Declared Available Capacity Clause in Contracts

Declared Available Capacity. (a) Not later than 00:00 hours on the Commercial Operations Date, in the manner established in the Operating Procedures, the Seller shall notify the Purchaser of Declared Available Capacity for each following hour of the Commercial Operation Date. (b) Not later than sixteen (16) hour prior to the beginning of each Operating Day (the “Declaration Deadline”), in the manner established in the Operating Procedures, the Seller shall notify the Purchaser (or revise any such information previously given) of the Declared Available Capacity for each hour of such Operating Day. If, the Seller fails to give such notice up to the Declaration Deadline, the Declared Available Capacity for each hour of such Operating Day shall be deemed to be equal to the Declared Available Capacity for each hour declared by the Seller for the immediately previous Operating Day. (c) The Seller may revise downwards and continue to revise downwards the Declared Available Capacity for any hour up to and until the start of the applicable Operating Day by informing the Purchaser of such revision and revise upwards and continue to revise upwards the Declared available Capacity for any hour up to and until forty five (45) minutes prior to the start of the applicable hour (the “Revised Declared Available Capacity”). (d) When making notifications of Declared Available Capacity, subject to the Technical Limits and Prudent Utility Practices, the Seller shall not withhold available generating capacity. The notification by the Seller of Declared Available Capacity shall be made at the forecasted Hydrological Conditions for the applicable hour, as such forecast method is agreed by the Operating Committee. The Seller shall keep the Purchaser informed of the actual Hydrological Conditions and the forecasted Hydrological Conditions for purposes of administering this Agreement through a mechanism to be developed by the Operating Committee, which may involve real time transmittal of the relevant information. For the avoidance of doubt, all adjustments of Declared Available Capacity to Reference Hydrological Conditions under this Agreement shall be carried out using the Complex Hill Chart.

Declared Available Capacity. (a) Not later than 00:00 hours on the Commercial Operations Date, in the manner established in the Operating Procedures, the Seller Company shall notify NTDC and the Power Purchaser of the Declared Available Capacity for each following hour of the Commercial Operation Operations Date. (b) Not later than sixteen (16) hour hours prior to the beginning of each Operating Day (following the “Declaration Deadline”), in the manner established in the Operating ProceduresCommercial Operations Date, the Seller Company shall notify NTDC and the Power Purchaser (or revise any such information previously given) of the Declared Available Capacity for each hour of such Operating Day. If, If the Seller Company fails to give such notice up on or before twelve (12) hours prior to the beginning of each Operating Day (the “Declaration Deadline”), the Declared Available Capacity for each hour of such Operating Day shall be deemed to be equal to the Declared Available Capacity for each hour declared by the Seller Company for the immediately previous Operating Day. (c) The Seller may Company may: (i) subject to the payment of liquidated damages pursuant to Section 9.4 and Schedule 1, except as provided in Section 5.3(e), revise downwards and continue to revise downwards the Declared Available Capacity for any hour up to and until the start of the applicable Operating Day by informing NTDC and the Power Purchaser of such revision and revision; and (ii) revise upwards and continue to revise upwards the Declared available Available Capacity for any hour up to and until forty five four (454) minutes hours prior to the start of the applicable hour by informing NTDC and the Power Purchaser of such revision, (the such revised Declared Available Capacity described in paragraphs (i) and (ii) is referred to in this Agreement as “Revised Declared Available Capacity”). For the avoidance of doubt, the Company shall be entitled to and the Power Purchaser shall pay to the Company the Capacity Price based on the Revised Declared Available Capacity. (d) When making notifications of Declared Available Capacity or Revised Declared Available Capacity, subject to the Technical Limits and Prudent Utility Practices, the Seller shall not withhold available generating capacity. , (e) The notification by the Seller Company of Declared Available Capacity or any Revised Declared Available Capacity shall be made at the forecasted Hydrological Conditions Ambient Site Condition for the applicable hour, as such forecast method is agreed by the Operating Committee, and such Declared Available Capacity or any Revised Declared Available Capacity may be adjusted by the Company at any time prior to forty-five (45) minutes prior to the relevant hour, without penalty or damages, for changes in the forecasted Ambient Site Condition from the earlier forecasted Ambient Site Condition for each hour of the relevant Operating Day (“Adjusted Declared Available Capacity”). The Seller Declared Available Capacity, any Revised Declared Available Capacity or any Adjusted Declared Available Capacity, in each case at the forecasted prevailing Ambient Site Condition, shall not exceed at any time the lesser of (i) the Tested Capacity (adjusted to the same forecasted Ambient Site Condition) and (ii) the Contract Capacity (adjusted to the same forecasted Ambient Site Condition), in each case in effect at the relevant time. The Company shall keep the Purchaser NTDC informed of the actual Hydrological Conditions and the forecasted Hydrological Conditions Ambient Site Condition as appropriate for purposes of administering this Agreement through a mechanism to be developed by the Operating Committee, which may involve real time transmittal of the relevant informationAgreement. For the avoidance of doubt, all adjustments of Declared Available Contract Capacity or Tested Capacity, as the case may be, to Reference Hydrological Conditions Ambient Site Condition under this Agreement shall be carried out using the Complex Hill Chartmanufacturers’ correction curves and/or tables for temperature attached hereto as Schedule 10.

Declared Available Capacity. (a) Not later than 00:00 hours on the Commercial Operations Date, in the manner established in the Operating Procedures, the Seller Company shall notify the Power Purchaser of the Declared Available Capacity for each following hour of the Commercial Operation Operations Date. (b) Not later than sixteen (16) hour hours prior to the beginning of each Operating Day (the “Declaration Deadline”), in ) following the manner established in the Operating ProceduresCommercial Operations Date, the Seller Company shall notify the Power Purchaser (or revise any such information previously given) of the Declared Available Capacity for each hour of such Operating Day. If, If the Seller Company fails to give such notice up on or before twelve (12) hours prior to the Declaration Deadlinebeginning of each Operating Day, the Declared Available Capacity for each hour of such Operating Day shall be deemed to be equal to the Declared Available Capacity for each hour declared by the Seller Company for the immediately previous Operating Day. (c) The Seller may Company may: (i) subject to the payment of liquidated damages pursuant to Section 9.4 and Schedule 1, except as provided in Section 5.3(e), revise downwards and continue to revise downwards the Declared Available Capacity for any hour up to and until four (4) hours prior to the start of the applicable Operating Day hour by informing the Power Purchaser of such revision and revision; and (ii) revise upwards and continue to revise upwards the Declared available Available Capacity for any hour up to and until forty five four (454) minutes hours prior to the start of the applicable hour by informing the Power Purchaser of such revision, (the such revised Declared Available Capacity described in paragraphs (i) and (ii) is referred to in this Agreement as “Revised Declared Available Capacity”). For the avoidance of doubt, the Company shall be entitled to and the Power Purchaser shall pay to the Company the Capacity Price based on the Revised Declared Available Capacity. (d) When making notifications of Declared Available Capacity or Revised Declared Available Capacity, subject to the Technical Limits and Prudent Utility Practices, the Seller Company shall not withhold available generating capacity. . (e) The notification by the Seller Company of Declared Available Capacity or any Revised Declared Available Capacity shall be made at the forecasted Hydrological Conditions Reference Site Condition for the applicable hour, as such forecast method is agreed by the Operating Committee, and such Declared Available Capacity or any Revised Declared Available Capacity may be adjusted by the Company at any time prior to four (4) hours prior to the relevant hour, without penalty, for changes in the Reference Site Condition from the Reference Site Condition at the time of the last declaration of Declared Available Capacity or any Revised Declared Available Capacity, as the case may be, for each hour of the relevant Operating Day The Declared Available Capacity, any Revised Declared Available Capacity , in each case at the actual prevailing Ambient Site Condition, shall not exceed at any time the lesser of (i) the Tested Capacity (adjusted to the actual prevailing Reference Site Condition) and (ii) the Contract Capacity (adjusted to the actual prevailing Reference Site Condition), in each case in effect at the relevant time. The Seller Company shall keep the Power Purchaser informed of the actual Hydrological Conditions and the forecasted Hydrological Conditions Ambient Site Condition as appropriate for purposes of administering this Agreement through a mechanism to be developed by the Operating Committee, which may involve real time transmittal of the relevant informationAgreement. For the avoidance of doubt, all adjustments of Declared Available Contract Capacity or Tested Capacity, as the case may be, to Reference Hydrological Site Conditions under this Agreement shall be carried out using the Complex Hill Chartmanufacturers’ correction curves and/or tables for heat rate degradation attached hereto as Schedule 10.