Dispatch Levels Clause Samples
The "Dispatch Levels" clause defines the specific quantities or rates at which goods, services, or resources are to be delivered or made available under an agreement. In practice, this clause may set minimum and maximum thresholds for delivery, outline schedules for dispatch, or specify conditions that trigger changes in dispatch levels. By clearly establishing these parameters, the clause ensures both parties understand their obligations regarding supply and demand, thereby preventing disputes over delivery expectations and helping to manage inventory or resource planning effectively.
Dispatch Levels. 12.3.4.1 From and after the Commercial Operations Date, in the event that after [◆] identical Dispatch requests separated by a sufficient period of time for the Seller to have complied with the first request based on ramp time schedules as provided in Annex B of Schedule 1 -, the Seller does not achieve the operating level requested by the Purchaser pursuant to Clause 9.1 within the time allowed by Schedule 1 -, within a tolerance of plus or minus [◆] percent, then the Purchaser shall be entitled to procure capacity shortfall and the extra cost be borne by the Seller the Seller shall pay to the Purchaser, as liquidated damages [◆] per kWh for each kWh outside the tolerance.
12.3.4.2 Notwithstanding the contents of Clause 12.3.4.1 above, the Purchaser shall not be entitled to liquidated damages pursuant to Clause 12.3.4.1 above, if the requested operating level cannot be achieved within the Minimum Functional Specifications or is above the Declared Available Capacity of the Plant (as adjusted by Forced Outages declared subsequent to such Dispatch requests).
Dispatch Levels. (a) If the Company does not achieve the Dispatch level requested by JPS pursuant to the Operating Procedures within a tolerance of plus or minus (+/-) one (1) percent of the requested Dispatch level within the time allowed by the load ramping rates and minimum dispatch set forth in the Minimum Functional Specifications after the receipt of a Dispatch request, then, subject to Clauses 9.4.4(c) through (e) below, the Company shall pay to JPS for each kWh outside the tolerance an amount in Dollars (or the Jamaican Dollar equivalent) equal to the product of one one-hundredth (0.01), the Fixed Payment Price and the applicable percentage set forth in Clause 9.4.4(e) until the Company advises JPS that it is able to comply with said Dispatch request and complies with said Dispatch request should JPS choose not to change the request; provided that after the Company has advised JPS that it is able to comply with the aforesaid Dispatch request, JPS may make a new Dispatch request, and the Company’s failure to comply with such new request shall be subject to the liquidated damages set forth in this sub-clause (a). If the requested Dispatch level cannot be achieved due to site temperature conditions outside of the Minimum Functional Specifications, JPS shall not continue to calculate and apply liquidated damages pursuant to this sub-clause (a); provided that the Company provides evidence reasonably satisfactory to JPS that temperature conditions outside of the Minimum Functional Specifications led to the failure to comply with the applicable Dispatch request.
(b) In each instance wherein liquidated damages are applicable the due date for any such liquidated damages shall be deferred to [TIME PERIOD TO BE DETERMINED] after the applicable requested Dispatch level was not achieved (notwithstanding Clause 9.5.3 to the contrary, if applicable). The payments under this Clause 9.4.4(b) shall be liquidated damages for the detrimental impact of such deviations from the requested Dispatch level. Where the Company is diligently pursuing a resolution to mitigate against adverse temperature effects on dispatch levels within the Minimum Functional Specifications and such mitigation measures prove successful prior to the end of such [TIME PERIOD TO BE DETERMINED], liquidated damages as applicable pursuant Clause 9.4.4(a) may be waived by JPS, so as to not become due and payable by the Company and such waiver shall not be unreasonably conditioned, withheld or delayed.
(c) During each ...
Dispatch Levels. 12.2.2.1 From and after the Commercial Operations Date, in the event that after [] identical Dispatch requests separated by a sufficient period of time for the Seller to have complied with the first request based on ramp time schedules as provided in Annex B of Schedule 1 -, the Seller does not achieve the operating level requested by the Purchaser pursuant to Clause 9.1 within the time allowed by Schedule 1 -, within a tolerance of plus or minus [] percent, then the Seller shall pay to the Purchaser, as liquidated damages [] per kWh for each kWh outside the tolerance.
12.2.2.2 Notwithstanding the contents of Clause 12.2.2.1 above, the Purchaser shall not be entitled to liquidated damages pursuant to Clause 12.2.2.1 above, if the requested operating level cannot be achieved within the Minimum Functional Specifications or is above the Declared Available Capacity of the Plant (as adjusted by Forced Outages declared subsequent to such Dispatch requests).