Common use of DELIVERY OF POWER Clause in Contracts

DELIVERY OF POWER. 4.1 Commencing on the Commercial Operation Date and continuing through the term of this Agreement, Seller shall sell and make available to PacifiCorp the entire Net Output up to the Net Dependable Capacity Dispatched by PacifiCorp from the Facility at the Point of Delivery. 4.2 If Seller fails to meet a ninety percent (90%) monthly Availability Factor during a Billing Period for Scheduled Deliveries of the Net Dependable Capacity, Seller’s Fixed Capacity Payment for the Billing Period will be adjusted pursuant to Section 5.1.2. No Scheduled Deliveries shall be scheduled by PacifiCorp from the Facility during Scheduled Maintenance Periods without Seller’s consent. 4.3 PacifiCorp shall not Dispatch, and Seller shall not be required to provide more than two (2) Facility Start-ups in any calendar day, and Seller shall not be required to provide more than 260 Start-ups in any Contract Year. PacifiCorp’s Dispatch of Net Dependable Capacity from the Facility shall be in accordance with the limitations on start time and other limitations and requirements as set forth from time to time in the turbine manufacturer’s recommended operating procedures and bulletins and as otherwise established or recommended in writing by the turbine manufacturer.‌ 4.4 Upon completion of construction of the Facility, Seller shall provide PacifiCorp an As-built Supplement to specify the actual Facility as built. The As-built Supplement must be reviewed and certified by a Licensed Professional Engineer. Seller generally shall design the plant in conformance with the Nameplate Capacity Rating specified in Exhibit A and will not substantially modify, replace, or add to existing equipment in such a manner as to exceed the Nameplate Capacity Rating, except with written notice to PacifiCorp provided eighteen (18) months prior to the date of financial closing or the date that a notice to proceed is provided to a contractor for any such modification, replacement or addition of equipment, whichever is earlier. The costs associated with the modifications to PacifiCorp’s interconnection facilities or electric system occasioned by or related to the interconnection of the Facility with PacifiCorp’s system, shall be borne by the Parties as set out in the Generation Interconnection Agreement. 4.5 To assist in the start up and testing of the Facility, PacifiCorp will take all energy generated in connection with the startup and testing of the Facility prior to the Commercial Operation Date (“Test Energy”). PacifiCorp will pay Seller for the Test Energy at the price specified in Section 5.2 for energy that is not generated pursuant to a Scheduled Delivery.‌ 4.6 PacifiCorp will Dispatch the Facility as part of its resource portfolio in accordance with its normal business practices subject to the individual operating characteristics of the generating plants or terms and conditions of its power purchase agreements. 4.7 PacifiCorp shall not be obligated to purchase, receive or pay for energy that is not delivered to the Point of Delivery (a) during times and to the extent that such energy is not delivered because the interconnection between the Facility and the System is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, (b) during times and to the extent that such energy is not delivered because the Transmission Provider Curtails (as defined in the Tariff) Network Integration Transmission Service (as defined in the Tariff) to PacifiCorp pursuant to the terms of the Tariff, or (c) during times and to the extent that an event of Force Majeure prevents either Party from delivering or receiving such energy.

DELIVERY OF POWER. 4.1 Commencing on the Commercial Operation Date and continuing through the term of this Agreement, Seller shall sell and make available to PacifiCorp the entire Net Output up to the Net Dependable Capacity Dispatched by PacifiCorp from the Facility at the Point of Delivery. 4.2 If Seller fails to meet a ninety percent (90%) monthly Availability Factor during a Billing Period for Scheduled Deliveries of the Net Dependable Capacity, Seller’s Fixed Capacity Payment for the Billing Period will be adjusted pursuant to Section 5.1.2. No Scheduled Deliveries shall be scheduled by PacifiCorp from the Facility during Scheduled Maintenance Periods without Seller’s consent. 4.3 PacifiCorp shall not Dispatch, and Seller shall not be required to provide more than two (2) Facility Start-ups in any calendar day, and Seller shall not be required to provide more than 260 Start-ups in any Contract Year. PacifiCorp’s Dispatch of Net Dependable Capacity from the Facility shall be in accordance with the limitations on start time and other limitations and requirements as set forth from time to time in the turbine manufacturer’s recommended operating procedures and bulletins and as otherwise established or recommended in writing by the turbine manufacturer.‌manufacturer. 4.4 Upon completion of construction of the Facility, Seller shall provide PacifiCorp an As-built Supplement to specify the actual Facility as built. The As-built Supplement must be reviewed and certified by a Licensed Professional Engineer. Seller generally shall design the plant in conformance with the Nameplate Capacity Rating specified in Exhibit A and will not substantially modify, replace, or add to existing equipment in such a manner as to exceed the Nameplate Capacity Rating, except with written notice to PacifiCorp provided eighteen (18) months prior to the date of financial closing or the date that a notice to proceed is provided to a contractor for any such modification, replacement or addition of equipment, whichever is earlier. The costs associated with the modifications to PacifiCorp’s interconnection facilities or electric system occasioned by or related to the interconnection of the Facility with PacifiCorp’s system, shall be borne by the Parties as set out in the Generation Interconnection Agreement. 4.5 To assist in the start up and testing of the Facility, PacifiCorp will take all energy generated in connection with the startup and testing of the Facility prior to the Commercial Operation Date (“Test Energy”). PacifiCorp will pay Seller for the Test Energy at the price specified in Section 5.2 for energy that is not generated pursuant to a Scheduled Delivery.‌Delivery. 4.6 PacifiCorp will Dispatch the Facility as part of its resource portfolio in accordance with its normal business practices subject to the individual operating characteristics of the generating plants or terms and conditions of its power purchase agreements. 4.7 PacifiCorp shall not be obligated to purchase, receive or pay for energy that is not delivered to the Point of Delivery (a) during times and to the extent that such energy is not delivered because the interconnection between the Facility and the System is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, (b) during times and to the extent that such energy is not delivered because the Transmission Provider Curtails (as defined in the Tariff) Network Integration Transmission Service (as defined in the Tariff) to PacifiCorp pursuant to the terms of the Tariff, or (c) during times and to the extent that an event of Force Majeure prevents either Party from delivering or receiving such energy.

DELIVERY OF POWER. 4.1 Commencing on the Commercial Operation Date and continuing through the term of this Agreement, Seller shall sell and make available to PacifiCorp the entire Net Output up to the Net Dependable Capacity Dispatched scheduled by PacifiCorp from the Facility at the Point of Delivery. 4.2 If Seller fails to shall meet a ninety an eighty-five percent (9085%) monthly Availability Factor during a Billing Period availability factor for Scheduled Deliveries Deliveries. For the purpose of the Net Dependable Capacitythis section, Seller’s Fixed Capacity Payment for the Billing Period will be adjusted pursuant to Section 5.1.2. No Scheduled Deliveries shall be scheduled by PacifiCorp from the Facility during Scheduled Maintenance Periods without Seller’s consent.shall be excluded from the calculation of the monthly availability factor, except if the Scheduled Maintenance Period shall extend for a full calendar month or more, the monthly availability factor for such calendar month shall be deemed to be eighty-five percent (85%). An example of how the availability factor is calculated is attached hereto and made a part hereof as Exhibit K. 4.3 Absent agreement of the parties otherwise, PacifiCorp shall not Dispatchschedule and Seller shall not deliver less than eighty percent (80%) of Net Dependable Capacity during any Scheduled Deliveries, and PacifiCorp shall not schedule and Seller shall not be required to provide more than two (2) Facility Start-ups starts in any calendar day, and Seller shall not be required to provide more than 260 Start-ups in any Contract Year. PacifiCorp’s Dispatch of Net Dependable Capacity from the Facility shall be in accordance with the limitations on start time and other limitations and requirements as set forth from time to time in the turbine manufacturer’s recommended operating procedures and bulletins and as otherwise established or recommended in writing by the turbine manufacturer.‌. 4.4 Upon completion of construction of the Facility, Seller shall provide PacifiCorp an As-built Supplement to specify the actual Facility as built. The As-built Supplement must be reviewed and certified by a Licensed Professional EngineerEngineer pursuant to Section 2.3.5 of this Agreement. Seller generally shall design the plant in conformance with the Nameplate Capacity Rating specified in Exhibit A and will not substantially modify, replace, or add to existing equipment in such a manner as to exceed the Nameplate Capacity Ratingequipment, except with the written notice to PacifiCorp consent of PacifiCorp. To the extent not otherwise provided eighteen (18) months prior to in the date of financial closing or the date that a notice to proceed is provided to a contractor for any such modificationGeneration Interconnection Agreement, replacement or addition of equipment, whichever is earlier. The all costs associated with the modifications to PacifiCorp’s interconnection facilities or electric system occasioned by or related to the interconnection of the Facility with PacifiCorp’s system, or any increase in generating capability of the Facility, or any increase of delivery of Net Dependable Capacity from the Facility, shall be borne by the Parties as set out in the Generation Interconnection AgreementSeller. 4.5 To assist in the start up and testing of the Facility, PacifiCorp will take all energy generated in connection with the startup and testing of the Facility prior to the Commercial Operation Date (“Test Energy”). PacifiCorp will pay Seller for the Test Energy at the price specified in Section 5.2 for energy that is not generated pursuant to a Scheduled Delivery.‌ 4.6 PacifiCorp will Dispatch the Facility as part of its resource portfolio in accordance with its normal business practices subject to the individual operating characteristics of the generating plants or terms and conditions of its power purchase agreements. 4.7 PacifiCorp shall not be obligated to purchase, receive or pay for energy that is not delivered to the Point of Delivery (a) during times and to the extent that such energy is not delivered because the interconnection between the Facility and the System is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, (b) during times and to the extent that such energy is not delivered because the Transmission Provider Curtails (as defined in the Tariff) Network Integration Transmission Service (as defined in the Tariff) to PacifiCorp pursuant to the terms of the Tariff, or (c) during times and to the extent that an event of Force Majeure prevents either Party from delivering or receiving such energy.

DELIVERY OF POWER. 4.1 Commencing on the Commercial Operation Initial Delivery Date and continuing through the term of this Agreement, Seller TEAD shall sell and make available and provide to PacifiCorp, and PacifiCorp shall accept delivery of the entire Net Output up to the Net Dependable Capacity Dispatched by PacifiCorp Delivered Energy from the Facility at the Point of DeliveryDelivery as more particularly described in Section 4.2 hereto. 4.2 If Seller fails Commencing on the Initial Delivery Date, TEAD shall have the option, but not the obligation, to meet provide and deliver all or a ninety percent (90%) monthly Availability Factor during a Billing Period for Scheduled Deliveries portion of the Net Dependable Capacity, Seller’s Fixed Capacity Payment for Output to PacifiCorp at the Billing Period will be adjusted pursuant Point of Delivery. The amount of Net Output that TEAD actually delivers to Section 5.1.2. No Scheduled Deliveries PacifiCorp at the Point of Delivery shall be scheduled by PacifiCorp from referred to herein as the Facility during Scheduled Maintenance Periods without Seller’s consent“Delivered Energy. 4.3 PacifiCorp ” TEAD shall not Dispatch, and Seller shall not be required to provide more than two (2) Facility Start-ups in any calendar day, and Seller shall not be required to provide more than 260 Start-ups in any Contract Year. PacifiCorp’s Dispatch of Net Dependable Capacity from the Facility shall be in accordance with the limitations on start time and other limitations and requirements as set forth from time to time in the turbine manufacturer’s recommended operating procedures and bulletins and as otherwise established or recommended in writing by the turbine manufacturer.‌ 4.4 Upon completion of construction of the Facility, Seller shall provide PacifiCorp an As-built Supplement to specify the actual Facility as built. The As-built Supplement must be reviewed and certified by deliver energy at a Licensed Professional Engineer. Seller generally shall design the plant in conformance with rate exceeding the Nameplate Capacity Rating on an hour average basis and such excess energy, if any, shall not constitute Delivered Energy. At no point will TEAD deliver more than 3.0 MW on an hour average basis. PacifiCorp shall take all Delivered Energy at the Point of Delivery. Title to the Delivered Energy shall pass from TEAD to PacifiCorp at the Point of Delivery. 4.3 As long as PacifiCorp is the sole electrical provider to TEAD, TEAD shall not, for the purpose of net billing, make available or provide Net Output to any entity other than PacifiCorp prior to the termination date specified in Section 2.2. TEAD shall have no minimum delivery obligation under this Agreement. TEAD may elect to self supply its own power usage at the same location as the Facility with any portion of Net Output instead of providing such Net Output to PacifiCorp as Delivered Energy under this Agreement. For purposes of this Agreement, PacifiCorp shall assume, unless given notice by TEAD otherwise, that TEAD desires to deliver to PacifiCorp only those quantities of Net Output that exceed TEAD’s own power usage at the Tooele Army Depot. TEAD shall provide PacifiCorp written notice prior to the Tooele Army Depot taking any actions that materially modify (increase or decrease) the existing electric usage at the Tooele Army Depot. 4.4 TEAD shall not increase the Nameplate Capacity Rating above that specified in Exhibit A and will not substantially modify, replace, or add increase the ability of the Facility to existing equipment in such deliver Net Output at a manner as to exceed rate exceeding the Nameplate Capacity RatingRating through any means including, but not limited to, replacement of, modification of, or addition of existing equipment, except with the written notice to PacifiCorp consent of PacifiCorp. Such consent shall not be unreasonably withheld, conditioned or delayed. To the extent not otherwise provided eighteen (18) months prior to in the date of financial closing or the date that a notice to proceed is provided to a contractor for any such modificationGeneration Interconnection Agreement, replacement or addition of equipment, whichever is earlier. The all costs associated with the modifications to PacifiCorp’s 's interconnection facilities or electric system occasioned by or related to the interconnection of the Facility with PacifiCorp’s system, or any increase in generating capability of the Facility, or any increase of the Net Dependable Capacity from the Facility, shall be borne by the Parties as set out in the Generation Interconnection AgreementTEAD. 4.5 To assist in the start up and testing As a result of the FacilityCommission order in Docket No. ▇▇-▇▇▇-▇▇▇ dated August 16, 2013, PacifiCorp will take all energy generated in connection with the startup and testing waives any claim to Seller’s ownership of the Facility prior to the Commercial Operation Date (“Test Energy”). PacifiCorp will pay Seller for the Test Energy at the price specified in Section 5.2 for energy that is not generated pursuant to a Scheduled Delivery.‌ 4.6 PacifiCorp will Dispatch the Facility as part of its resource portfolio in accordance with its normal business practices subject to the individual operating characteristics of the generating plants or terms and conditions of its power purchase agreementsGreen Tags under this Agreement. 4.7 PacifiCorp shall not be obligated to purchase, receive or pay for energy that is not delivered to the Point of Delivery (a) during times and to the extent that such energy is not delivered because the interconnection between the Facility and the System is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, (b) during times and to the extent that such energy is not delivered because the Transmission Provider Curtails (as defined in the Tariff) Network Integration Transmission Service (as defined in the Tariff) to PacifiCorp pursuant to the terms of the Tariff, or (c) during times and to the extent that an event of Force Majeure prevents either Party from delivering or receiving such energy.

DELIVERY OF POWER. 4.1 Commencing at 00:00:01 a.m. MPT on the Commercial Operation Date January 1, 2013 (“Initial Delivery Date”) and continuing through the term of this Agreement, Seller shall sell and make available to PacifiCorp shall purchase the entire Net Output up to the Net Dependable Capacity Dispatched by PacifiCorp Delivered Energy from the Facility at the Point of DeliveryDelivery as more particularly described in Section 4.2 hereto. 4.2 If Commencing on the Initial Delivery Date, Seller fails shall have the option, but not the obligation, to meet provide and deliver Net Output to PacifiCorp at the Point of Delivery, on a ninety percent non- firm basis, during all hours, HE0100 through HE2400 Mountain Prevailing Time (90%) monthly Availability Factor during a Billing Period for Scheduled Deliveries “MPT”), Monday through Sunday, from the Facility (the amount of the Net Dependable Capacity, Seller’s Fixed Capacity Payment for the Billing Period will be adjusted pursuant energy that Seller actually delivers to Section 5.1.2. No Scheduled Deliveries shall be scheduled by PacifiCorp from the Facility during Scheduled Maintenance Periods without Seller’s consent. 4.3 PacifiCorp Facility, not to exceed 7.54MW, shall not Dispatch, and be referred to herein as the (“Delivered Energy”)). Seller shall not be required to provide more than two (2) Facility Start-ups in any calendar day, and Seller shall not be required to provide more than 260 Start-ups in any Contract Year. PacifiCorp’s Dispatch of Net Dependable Capacity from the Facility shall be in accordance with the limitations on start time and other limitations and requirements as set forth from time to time in the turbine manufacturer’s recommended operating procedures and bulletins and as otherwise established or recommended in writing by the turbine manufacturer.‌ 4.4 Upon completion of construction of the Facility, Seller shall provide PacifiCorp an As-built Supplement to specify the actual Facility as built. The As-built Supplement must be reviewed and certified by deliver Delivered Energy at a Licensed Professional Engineer. Seller generally shall design the plant in conformance with rate exceeding the Nameplate Capacity Rating on an hour average basis. PacifiCorp shall take all Delivered Energy at the Point of Delivery. 4.3 Seller shall not make any sales of any portion of the Net Output to parties other than PacifiCorp through the term of this Agreement. However, Seller may elect to offset its own power usage instead of selling to PacifiCorp under this Agreement, and the Net Output shall be reduced by the amount of energy and capacity self supplied. 4.4 Seller shall not increase the Nameplate Capacity Rating above that specified in Exhibit A and will not substantially modify, replace, or add increase the ability of the Facility to existing equipment deliver Net Output in such a manner as to exceed quantities in excess of the Nameplate Capacity RatingRating through any means including, but not limited to, replacement of, modification of, or addition of existing equipment, except with the written consent of PacifiCorp, provided that, in the event that Seller desires to increase the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating and PacifiCorp has failed, within ten (10) days of notice of such desire to PacifiCorp provided eighteen (18) months prior by Seller, to give its unqualified written consent thereto, then Seller may, notwithstanding any other provision of the Agreement, immediately terminate this Agreement whereupon Seller shall have no further obligation to PacifiCorp hereunder and shall have no liability to PacifiCorp for any costs or losses or liabilities related to the date termination of financial closing or this Agreement. To the date that a notice to proceed is extent not otherwise provided to a contractor for any such modificationin the Generation Interconnection Agreement, replacement or addition of equipment, whichever is earlier. The all costs associated with the modifications to PacifiCorp’s 's interconnection facilities or electric system occasioned by or related to the interconnection of the Facility with PacifiCorp’s system, or any increase in generating capability of the Facility, or any increase of delivery of Nameplate Capacity Rating from the Facility, shall be borne by the Parties as set out in the Generation Interconnection AgreementSeller. 4.5 To assist in the start up and testing of the Facility, PacifiCorp will take all energy generated in connection with the startup and testing of the Facility prior to the Commercial Operation Date (“Test Energy”). PacifiCorp will pay Seller for the Test Energy at the price specified in Section 5.2 for energy that is not generated pursuant to a Scheduled Delivery.‌ 4.6 PacifiCorp will Dispatch the Facility as part of its resource portfolio in accordance with its normal business practices subject to the individual operating characteristics of the generating plants or terms and conditions of its power purchase agreements. 4.7 PacifiCorp shall not be obligated to purchase, receive or pay for energy that is not delivered to the Point of Delivery (a) during times and to the extent that such energy is not delivered because the interconnection between the Facility and the System is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, (b) during times and to the extent that such energy is not delivered because the Transmission Provider Curtails (as defined in the Tariff) Network Integration Transmission Service (as defined in the Tariff) to PacifiCorp pursuant to the terms of the Tariff, or (c) during times and to the extent that an event of Force Majeure prevents either Party from delivering or receiving such energy.