Common use of Dispatch Levels Clause in Contracts

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).

Dispatch Levels. 12.2.2.1 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 Seller shall pay to the Purchaser, as liquidated damages [◆] per kWh for each kWh outside the tolerance. 12.2.2.2 12.3.4.2 Notwithstanding the contents of Clause 12.2.2.1 12.3.4.1 above, the Purchaser shall not be entitled to liquidated damages pursuant to Clause 12.2.2.1 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).