Common use of Gas Specifications Clause in Contracts

Gas Specifications. (1) All Gas tendered by Buyer for delivery to the Gas Delivery Point shall meet the then current natural Gas quality specifications as set forth in the Gas Transporter’s tariffs as filed with the CPUC (“Gas Tariff), as such specifications may change from time to time. (2) If Gas tendered for delivery under this Agreement at the Gas Delivery Point materially fails for any reason to conform to the applicable specification set forth in Section 11.3(1) (“Non-Conforming Gas”), Seller will consider whether it is able to accept such Non-Conforming Gas and may refuse to take possession of all or any part of such Gas, giving Buyer the reasons for such refusal as soon as practicable. If Seller chooses to accept the Non-Conforming Gas, it will advise Buyer of the same in writing, and each Party shall be responsible for the disposition of its own Gas, as applicable. (3) If the Facility is damaged as a direct result of the delivery of Non-Conforming Gas that Seller has not approved for receipt and use at the Facility, Seller shall be entitled to the remedies available to it pursuant to its agreement with the Gas Transporter. Seller shall use commercially reasonable efforts to mitigate any damages resulting from the delivery of any Non-Conforming Gas at the Gas Delivery Point and the use of such Gas in a Unit. (4) The unavailability of the Facility due to Buyer’s delivery of Non-Conforming Gas that was not approved by the Seller shall not be considered a Forced Outage, and the Facility shall be considered available for the purpose of calculating the Monthly Availability Payment.

Gas Specifications. (1) All Gas tendered by Buyer for delivery to the Gas Delivery Point shall meet the then current natural Gas quality specifications as set forth in the Gas Transporter’s tariffs as filed with the CPUC tariff (“Gas Tariff”), as such specifications may change from time to time. (2) If Gas tendered for delivery under this Agreement at the Gas Delivery Point materially fails for any reason to conform to the applicable specification set forth in Section 11.3(111.3(l) (“Non-Conforming Gas”), Seller will consider whether it is able to accept such Non-Conforming Gas and may refuse to take possession of all or any part of such Gas, giving Buyer the reasons for such refusal as soon as practicable. If Seller chooses to accept the Non-Conforming Gas, it will advise Buyer of the same in writing, and each Party shall be responsible for the disposition of its own Gas, as applicable. (3) If the Facility is damaged as a direct result of the delivery of Non-Conforming Gas that Seller has not approved for receipt and use at the Facility, Seller shall be entitled to the remedies available to it pursuant to its agreement with the Gas Transporter. Seller shall use commercially reasonable efforts to mitigate any damages resulting from the delivery of any Non-Conforming Gas at the Gas Delivery Point and the use of such Gas in a Unit. (4) The unavailability of the Facility due to Buyer’s delivery of Non-Conforming Gas that was not approved by the Seller shall not be considered a Forced Outage, and the Facility shall be considered available for the purpose of calculating the Monthly Availability Payment.