Common use of Notwithstanding Clause 9 Clause in Contracts

Notwithstanding Clause 9. 3.1 the Seller acknowledges that accuracy in forecasting the Net Delivered Energy the Complex is able to deliver is material for the quality and reliability of electricity supplies across the Grid System. The Seller accordingly agrees that it shall use state-of-the-art best possible means available to predict the long-term and short-term availability of the at the Site and on that basis shall provide to the Purchaser: (i) not later than thirty (30) Days before the beginning of each Agreement Year, a year ahead forecast of Net Delivered Energy on a Monthly basis for the succeeding Agreement Year; and (ii) not later than one (1) Week before the beginning of each Month, a Month ahead forecast of Net Delivered Energy on a Weekly basis for the succeeding Month. (iii) The forecasts of Net Delivered Energy provided by the Seller to the Purchaser under Clause 9.3.2 shall not be binding on the Seller or the Purchaser.

Appears in 2 contracts

Sources: Power Purchase Agreement, Power Purchase Agreement