Operating Procedures. (a) Not later than one hundred and eighty (180) Days before the then prevailing Scheduled Commercial Operations Date, the Company shall provide BPDB with draft operating procedures dealing with all operation interfaces between BPDB and the Company including, but not limited to: (i) method of Day-to-Day communication; (ii) key personnel list; (iii) clearances and switching practices; (iv) outage scheduling; (v) capacity and energy reporting; (vi) operating log; and (vii) reactive power support, which shall be consistent with this Agreement, the designs of the Facility (including the Metering System), the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”). (b) Within ninety (90) Days after BPDB’s receipt of the draft Operating Procedures, BPDB shall notify the Company of any requested deletions, amendments or additions. (c) The Company shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft to BPDB not later than forty-five (45) Days before the then prevailing Scheduled Commercial Operations Date. (d) Disagreement between the Parties over the revised draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above. (i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred to the Engineer. (ii) If not resolved by the Joint Coordinating Committee within thirty (30) Days of such referral, the Dispute will be referred for resolution to the Engineer who shall be directed to render his decision by no later than thirty (30) Days prior to the then-prevailing Scheduled Commercial Operations Date. (iii) If the Engineer has not rendered his decision by the time stipulated in Section 6.4(d)(ii) above, the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision of the Engineer, and such delay by the Engineer in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordingly. (iv) The decision rendered by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Parties. (e) Either Party may, from time to time, request revisions to the Operating Procedures subject to agreement from the other Party.
Appears in 8 contracts
Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Operating Procedures. (a) Not later than one hundred and eighty (180) Days before the then prevailing Scheduled Commercial Operations Date, the Company shall provide BPDB observe and comply with draft operating procedures dealing the Operating Procedures. Company shall ensure that Company's Stores personnel are trained regarding the Operating Procedures and shall ensure their compliance with all operation interfaces between BPDB and the Company includingthem. The Operating Procedures may be supplemented, but not limited to:
(i) method amended or modified by Bank from time to time in its reasonable discretion; provided, however, a copy of Day-to-Day communication;
(ii) key personnel list;
(iii) clearances and switching practices;
(iv) outage scheduling;
(v) capacity and energy reporting;
(vi) operating log; and
(vii) reactive power supportany such supplement, which amendment or modification shall be consistent with this Agreement, the designs of the Facility (including the Metering System), the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”).
(b) Within provided to Company at least ninety (90) Days after BPDB’s receipt days before its effective date (the "Notice Date") unless otherwise required by Applicable Law, and for those changes required by Applicable Law, notice shall be given as soon as practicable. For changes that are (A) required by Applicable Law, or (B) determined by Bank in good faith to be necessary from the standpoint of safe and sound banking practices (both (A) and (B) being referred to herein as the draft Operating Procedures"Required Changes"), BPDB where Bank implements such Required Changes with all of its other clients that are also affected by such change in Applicable Law or operate in circumstances similarly requiring changes from the standpoint of safe and sound banking practices, Bank shall notify identify the Company of any requested deletionschanges as Required Changes in the notice to Company. Unless such change is a Required Change, amendments or additions.
(c) The Company shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, have the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft to BPDB not later than forty-five (45) Days before the then prevailing Scheduled Commercial Operations Date.
(d) Disagreement between the Parties over the revised draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.
(i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred to the Engineer.
(ii) If not resolved by the Joint Coordinating Committee right within thirty (30) Days of days after the Notice Date to object to such referralchange and the parties' representatives will promptly thereafter meet to discuss such change in good faith in order to agree upon such change or a mutually agreeable alternative to such change. In the event the parties are unable to agree upon such change or an alternative within sixty (60) days after the Notice Date, the Dispute will be referred for resolution then a senior executive from both Company and Bank shall meet to the Engineer who shall be directed negotiate in good faith in order to render his decision by no later than thirty (30) Days prior agree upon such change or a mutually agreeable alternative to the then-prevailing Scheduled Commercial Operations Date.
(iii) such change. If the Engineer has parties' senior executives are unable to mutually agree within ninety (90) days after the Notice Date, then Bank shall have the right to implement the initially proposed change so long as (i) Bank implements such change with all or substantially all of its other similar clients, (ii) such change does not rendered his decision by change the time stipulated in Section 6.4(d)(ii) above, chargebacks section of the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision of the Engineer, and (iii) such delay by the Engineer in rendering its decision shall change does not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordinglyimpose a material adverse financial or operational burden on Company.
(iv) The decision rendered by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Parties.
(e) Either Party may, from time to time, request revisions to the Operating Procedures subject to agreement from the other Party.
Appears in 8 contracts
Sources: Private Label Credit Card Program Agreement (Alliance Data Systems Corp), Private Label Credit Card Program Agreement (Alliance Data Systems Corp), Private Label Credit Card Program Agreement (Alliance Data Systems Corp)
Operating Procedures. (a) Not later than one hundred and eighty (180) 30 Days before the then prevailing Scheduled Required Commercial Operations Date, the Company shall provide BPDB with a draft operating procedures procedure dealing with all operation interfaces between BPDB and the Company including, but not limited to:
(i) method of Dayday-to-Day day communication;,
(ii) key personnel list;lists,
(iii) clearances and switching practices;,
(iv) outage scheduling;,
(v) capacity and energy reporting;,
(vi) operating log; and
(vii) reactive power support, which shall be consistent with this Agreement, the designs of the Facility (including Facility, the Metering System), the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”).
(b) Within ninety thirty (9030) Days after BPDB’s BPDB receipt of the draft Operating Proceduresoperating procedure, BPDB shall notify the Company of any requested deletions, amendments or additions.
(c) The Company shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limitsdesigns of the Facility and the Grid System or Prudent Utility Practices. BPDB may, from time to time, require the operating procedure to be revised to conform to any duly established grid code binding on BPDB to the extent that those revisions are not inconsistent with the terms of this Agreement, the designs of the Facility (including and the Metering System), or Grid System and Prudent Utility Practices and provide such revised draft to BPDB not later than forty-five fifteen (4515) Days before the then prevailing Scheduled Commercial Operations Date.
(d) . Disagreement between the Parties over the revised draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure Procedures under subsection sub Section (c) above.
(i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred to the Engineer.
(ii) If not resolved by the Joint Coordinating Committee within thirty (30) Days of such referral, the Dispute will be referred for resolution to the Engineer who shall be directed to render his decision by no later than thirty (30) Days prior to the then-prevailing Scheduled Commercial Operations Date.
(iii) If the Engineer has not rendered his decision by the time stipulated in Section 6.4(d)(ii) above, the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision of the Engineer, and such delay by the Engineer in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordingly.
(iv) The decision rendered by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Parties.
(ed) Either Party may, from time to time, time request revisions to the Operating Procedures operating procedure subject to agreement from the other Party.
Appears in 4 contracts
Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Operating Procedures. (a) Not later than one hundred and eighty twenty (180120) Days days before the then prevailing Scheduled Commercial Operations DateTest Period, the Company Seller shall provide BPDB with PGE a draft of all Operating Procedures. Not later than sixty (60) days before the Test Period, an operating procedures dealing with all operation interfaces between BPDB committee consisting of Seller and PGE representatives shall develop mutually agreeable written Operating Procedures for integration of the Company includingStorage Facility into Buyer’s system and shall be included as Exhibit Q to the Agreement. PGE and Seller shall review and mutually agree on any appropriate updates to the Operating Procedures at least once per calendar year or more frequently as changes dictate. Operating Procedures shall include, but not be limited to:
(i) method , methods of Dayday-to-Day communication;
(ii) day communications; metering, telemetering, telecommunications, and data acquisition procedures; key personnel list;
(iii) lists for Seller and Buyer, including an appointed authorized representative for each Party; clearances and switching practices;
(iv) outage scheduling;
(v) capacity ; operations and energy maintenance scheduling and reporting;
(vi) operating ; scheduling and forecasting practices; daily capacity, Charging Energy, and Discharging Energy reports; unit operations log; and
(vii) reactive power supportSeller Unplanned Outage and Planned Outage reporting, which shall and such other matters as may be mutually agreed upon by the Parties. Seller must staff, operate, maintain and control the Storage Facility at all times consistent with this the Operating Procedures, the Agreement, the designs of the Facility (including the Metering System)Prudent Utility Practices, Laws, the Technical Limits Interconnection Agreement and Prudent Utility Practices (togetherrequired permits. The Operating Procedures also will require Seller to take all measures necessary to remediate or otherwise correct any breach of environmental protection regulations as required under Law. Personnel of Seller capable of starting, running, and stopping the “Operating Procedures”).
(b) Within Storage Facility must be continuously available, either at the Storage Facility or capable of being at the Storage Facility on ninety (90) Days after BPDB’s receipt of the draft Operating Proceduresminutes’ notice, BPDB shall notify the Company of any requested deletionsand must be continuously available by phone. Seller will make qualified personnel available twenty- four (24) hours per day, amendments or additions.
(c) The Company shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft to BPDB not later than forty-five (45) Days before the then prevailing Scheduled Commercial Operations Date.
(d) Disagreement between the Parties over the revised draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.
(i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred days per week to perform scheduling and receive and give communications relating to the Engineer.
(ii) If not resolved by the Joint Coordinating Committee within thirty (30) Days of such referral, the Dispute will be referred for resolution to the Engineer who shall be directed to render his decision by no later than thirty (30) Days prior to the then-prevailing Scheduled Commercial Operations Date.
(iii) If the Engineer has not rendered his decision by the time stipulated in Section 6.4(d)(ii) above, the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision operation and dispatch of the Engineer, and such delay by the Engineer Storage Facility. PGE will use commercially reasonable efforts to notify Seller twenty-four (24) hours in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordinglyadvance of potentially critical start-ups.
(iv) The decision rendered by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Parties.
(e) Either Party may, from time to time, request revisions to the Operating Procedures subject to agreement from the other Party.
Appears in 3 contracts
Sources: Wholesale Renewable Power and Storage Capacity Purchase Agreement, Wholesale Renewable Power and Storage Capacity Purchase Agreement, Wholesale Renewable Power and Storage Capacity Purchase Agreement
Operating Procedures. (a) Not later than one hundred and eighty twenty (180120) Days days before the then prevailing Scheduled Commercial Operations DateTest Period, the Company Seller shall provide BPDB with Buyer a draft of all Operating Procedures. Not later than sixty (60) days before the Test Period, an operating procedures dealing with all operation interfaces between BPDB committee consisting of Seller and Buyer representatives shall develop mutually agreeable written Operating Procedures for integration of the Company includingProject into Buyer’s system and shall be included as Exhibit Q to the Agreement. Buyer and Seller shall review and mutually agree on any appropriate updates to the Operating Procedures at least once per calendar year or more frequently as changes dictate. Operating Procedures shall include, but not be limited to:
(i) method , methods of Dayday-to-Day communication;
(ii) day communications; metering, telemetering, telecommunications, and data acquisition procedures; key personnel list;
(iii) lists for Seller and Buyer, including an appointed authorized representative for each Party; clearances and switching practices;
(iv) outage scheduling;
(v) capacity ; operations and energy maintenance scheduling and reporting;
(vi) operating ; scheduling and forecasting practices; daily capacity, Charging Energy, and Discharging Energy reports; unit operations log; and
(vii) reactive power supportSeller Unplanned Outage and Planned Outage reporting, which shall and such other matters as may be mutually agreed upon by the Parties. Seller must staff, operate, maintain and control the Project at all times consistent with this the Operating Procedures, the Agreement, the designs of the Facility (including the Metering System)Prudent Utility Practices, Applicable Laws, the Technical Limits Interconnection Agreement and Prudent Utility Practices (togetherrequired permits. The Operating Procedures also will require Seller to take all measures necessary to remediate or otherwise correct any breach of environmental protection regulations as required under Applicable Law. Personnel of Seller capable of starting, running, and stopping the “Operating Procedures”).
(b) Within Project must be continuously available, either at the Project or capable of being at the Project on ninety (90) Days after BPDB’s receipt of the draft Operating Proceduresminutes’ notice, BPDB shall notify the Company of any requested deletionsand must be continuously available by phone. Seller will make qualified personnel available twenty-four (24) hours per day, amendments or additions.
(c) The Company shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft to BPDB not later than forty-five (45) Days before the then prevailing Scheduled Commercial Operations Date.
(d) Disagreement between the Parties over the revised draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.
(i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred days per week to perform scheduling and receive and give communications relating to the Engineer.
(ii) If not resolved by the Joint Coordinating Committee within thirty (30) Days of such referral, the Dispute will be referred for resolution to the Engineer who shall be directed to render his decision by no later than thirty (30) Days prior to the then-prevailing Scheduled Commercial Operations Date.
(iii) If the Engineer has not rendered his decision by the time stipulated in Section 6.4(d)(ii) above, the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision operation and dispatch of the Engineer, and such delay by the Engineer Project. Buyer will use commercially reasonable efforts to notify Seller twenty-four (24) hours in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordinglyadvance of potentially critical start-ups.
(iv) The decision rendered by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Parties.
(e) Either Party may, from time to time, request revisions to the Operating Procedures subject to agreement from the other Party.
Appears in 2 contracts
Sources: Storage Capacity Agreement, Storage Capacity Agreement
Operating Procedures. (a) Not later than one hundred and eighty Within thirty (18030) Days before of the then prevailing Scheduled Commercial Operations Dateestablishment of the Operating Committee, the Company Parties shall provide BPDB with draft operating procedures dealing with cause the Operating Committee to meet and cause their respective designated members to finalize the Operating Procedures addressing all operation operational interfaces between BPDB the Power Purchaser and the Company including, but not limited toCompany. The Operating Procedures shall:
(i) method take proper account of Day-to-Day communication;the design of the Complex, the Metering Systems, and the Grid System; and
(ii) key personnel list;
(iii) clearances and switching practices;
(iv) outage scheduling;
(v) capacity and energy reporting;
(vi) operating log; and
(vii) reactive power support, which shall be consistent with this AgreementPrudent Electrical Practices, the designs of the Facility (including the Metering System)Prudent Utility Practices, and the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”)Limits.
(b) Within ninety (90) Days after BPDB’s receipt of The procedure for developing and finalising the draft Operating Procedures, BPDB Procedures shall notify the Company of any requested deletions, amendments or additions.be as follows:
(ci) The Company shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft to BPDB not later than within forty-five (45) Days before following the then prevailing Scheduled Commercial Operations Date.
(d) Disagreement between establishment of the Parties over Operating Committee, the revised Company shall deliver to the Power Purchaser in writing proposed draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.
(i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred to the Engineer.Procedures;
(ii) If not resolved the Power Purchaser shall provide comments in writing on the draft Operating Procedures within twenty-five (25) Days following the date the draft Operating Procedures are delivered by the Joint Coordinating Committee Company to the Power Purchaser, and each Party shall make a representative available to meet within ten (10) Days following the end of such twenty-five (25) Day period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party.
(iii) as soon as is practicable after the meeting referred to in Section 2.5(b)(ii), but in any event within thirty (30) Days following the end of such referralmeeting, the Dispute will be referred for resolution Company shall provide the Power Purchaser with proposed final draft Operating Procedures, incorporating to the Engineer who extent agreed each of the Parties’ proposed changes;
(iv) the Power Purchaser shall provide final comments on the final draft Operating Procedures within fifteen (15) Business Days after its receipt by the Power Purchaser and, within five (5) Business Days after a request from the Company, the Power Purchaser shall make its representatives available in Lahore, Pakistan, to meet and review its comments and proposed changes with the Company; and
(v) the Company shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Power Purchaser and shall provide a final draft to the Power Purchaser as soon as practicable, and in any event within ten (10) Days following receipt of the Power Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be directed determined in accordance with Section 18.2. The determination of the Expert shall be final and binding with respect to render his decision the resolution of such Dispute.
(c) Following the finalisation of the Operating Procedures pursuant to Section 2.5(b), either Party may propose changes to the Operating Procedures from time to time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the way it is then treated in the Operating Procedures shall be determined in accordance with Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute.
(d) The Company and the Power Purchaser shall mutually develop an inter- tripping schedule no later than thirty sixty (3060) Days prior to the thenrequired implementation of such schedule. Such inter-prevailing Scheduled Commercial Operations Date.
(iii) If tripping schedule shall be based on a proposed schedule submitted to the Engineer has not rendered his decision Company by the time stipulated in Section 6.4(d)(iiPower Purchaser at least one hundred and twenty (120) above, the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision of the Engineer, and such delay by the Engineer in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordingly.
(iv) The decision rendered by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Parties.
(e) Either Party may, from time to time, request revisions Days prior to the Operating Procedures subject to agreement from the other Partydate implementation of such schedule is required.
Appears in 1 contract
Sources: Power Purchase Agreement
Operating Procedures. (a) Not later than one hundred and eighty (180) Days before the then prevailing Scheduled expected Commercial Operations DateOperation Date of the First Unit, the BOT Company shall provide BPDB EVN with a draft operating procedures Operating Procedures document dealing with all operation interfaces between BPDB EVN and the BOT Company including, but not limited to:
(i) the method of Day-to-Day communication;
(ii) , key personnel list;
(iii) lists, clearances and switching practices;
(iv) , outage scheduling;
(v) , capacity and energy reporting;
(vi) , operating log; and
(vii) log and reactive power support, which shall be consistent with this Agreement, the designs of the Facility (including and the Metering Grid System), the Technical Limits Contracted Operating Characteristics and Prudent Utility Practices (together, the “Operating Procedures”)Practices.
(b) Within ninety (90) Days after BPDBEVN’s receipt of the draft Operating Procedures, BPDB EVN shall notify the BOT Company of any requested deletions, amendments or additions.
(c) . The BOT Company shall make any deletions, amendments or additions that BPDB EVN reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including and the Metering Grid System), or Prudent Utility Practices or the Laws of Vietnam and provide such a revised draft to BPDB EVN not later than fortythirty-five (45) 35_ Days before the then prevailing Scheduled expected Commercial Operations DateOperation Date of the First Unit.
(dc) Disagreement between the Parties BOT Company and EVN over the revised draft contents of the Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the BOT Company submits the draft Operating Procedure Procedures under subsection paragraph (cb) above.
(i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred to the EngineerExpert.
(ii) If not resolved by the Joint Coordinating Committee within thirty (30) Days of such referral, the Dispute will be referred for resolution to the Engineer Expert who shall be directed to render his decision by no later than thirty (30) Days prior to the then-prevailing Scheduled expected Commercial Operations DateOperation Date of the First Unit.
(iii) If the Engineer Expert has not rendered his decision by the time stipulated in Section 6.4(d)(iiArticle 6.4(c)(ii) above, the Operating Procedures, as proposed modified by the Company EVN pursuant to Article 6.4(b) shall be used for operating the Facility First Unit pending the decision of the EngineerExpert, and such delay by the Engineer Expert in rendering its decision shall not postpone the Commercial Operations DateOperation Date of the First Unit. Upon the decision being rendered by the EngineerExpert, the Operating Procedures for the Facility shall be modified accordingly.
(iv) The decision rendered by the Engineer Expert pursuant to this Section 6.4(dArticle 6.4(c) shall be final and binding upon both Parties.
(ed) Either Party EVN may, from time to time, request revisions to require the Operating Procedures subject to agreement from be revised to conform to the other PartyLaws of Vietnam binding on EVN to the extent that those revisions are not inconsistent with the terms of this Agreement, the designs of the Facility or the Grid System and Prudent Utility Practices.
Appears in 1 contract
Sources: Power Purchase Agreement
Operating Procedures. (a) Not later than one hundred and eighty (180) Days before The Company may require periodic reviews of the then prevailing Scheduled Commercial Operations DateSeller's Facility, the Company shall provide BPDB with draft maintenance records, available operating procedures dealing with all operation interfaces between BPDB and policies, and relay settings, and may request changes it deems necessary to protect the Company including, but not limited to:
(i) method of Day-to-Day communication;
(ii) key personnel list;
(iii) clearances and switching practices;
(iv) outage scheduling;
(v) capacity and energy reporting;
(vi) operating log; and
(vii) reactive power support, which shall be consistent with this Agreement, Company's System from damages resulting from the designs of the Facility (including the Metering System), the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”)Seller's parallel operation.
(b) Within ninety (90) Days after BPDB’s receipt Logs shall be kept by the Seller for information on unit availability, including reasons for planned and forced outages; circuit breaker trip operations; relay operations, including target initiation; and other unusual events. The Company shall have the right to review these logs, especially in analyzing system disturbances. The Seller will provide the Company with subsequent written confirmation any time the Seller experiences a unit trip. Such confirmation will include the date and time of the draft Operating Procedures, BPDB shall notify occurrence as well as the Company cause of any requested deletions, amendments or additionsthe unit trip.
(c) The Company Seller shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft limit its Facility's ramp rate to BPDB not later less than forty-five (45) Days before the then prevailing Scheduled Commercial Operations Date2 mw/min.
(d) Disagreement between The Company's Load Dispatcher shall specify the Parties over power factor at which energy is delivered by the revised draft Operating Procedures Seller to the Company. Typical power factor requirements will normally operate in a range of 0.85 to 1.0.
(e) If Seller is separated from the Company's System for any reason, the Seller, under no circumstances, shall reclose into the Company's system without first obtaining specific approval to do so from the Company's Load Dispatcher. Such approval shall be referred for resolution withheld only when such reclosing is not in accordance with Section 17(a) of this Contract and the Company's standard practices, policies and procedures.
(f) The Company's Load Dispatcher will notify the Seller whenever the Seller must be separated from the Company's System pursuant to Sections 6 and 7 of this Contract. When possible, reasonable advance notice will be given to the Joint Coordinating Committee within seven Seller by the Company's Load Dispatcher, provided this provision does not limit the Company's obligation to give notice under Section 6(b) of this Contract.
(7g) Days from The Seller shall submit the date next five-year maintenance requirement in writing to the Company submits each year no later than June 30 of the draft Operating Procedure previous year. The Company shall specify the maintenance schedule for the five-year period and inform the Seller in writing no later than September 30 of the same year. The Company shall not unreasonably delay maintenance of the Seller's Facility and will cooperate with Seller in establishing a reasonable schedule for the Seller's maintenance requirements.
(h) The Seller shall notify the Company's Load Dispatcher prior to synchronizing a generator onto or taking a generator off the system. Such notification should be as far in advance as reasonably possible under subsection (c) abovethe circumstances causing the action.
(i) If Company Dispatch - The Company shall have the Joint Coordinating Committee has not been formed on sole and absolute right, through supervisory equipment or before otherwise, to control, from moment to moment, within the date limits of such referralsound engineering practices, the Dispute shall be referred rate of delivery of energy and capacity subject to the Engineer.
(ii) If not resolved by the Joint Coordinating Committee within thirty (30) Days of such referral, the Dispute will be referred for resolution a legally enforceable obligation to the Engineer who shall be directed to render his decision by no later than thirty (30) Days prior to the then-prevailing Scheduled Commercial Operations Date.
(iii) If the Engineer has not rendered his decision by the time stipulated in Section 6.4(d)(ii) above, the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision a maximum of the Engineer, and such delay by the Engineer in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordinglySeller's firm capacity obligation.
(iv) The decision rendered by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Parties.
(e) Either Party may, from time to time, request revisions to the Operating Procedures subject to agreement from the other Party.
Appears in 1 contract
Sources: Firm Capacity Amendment to Purchase Power Contract (Ormat Technologies, Inc.)
Operating Procedures. (a) Not later than one hundred and eighty Within thirty (18030) Days before of the then prevailing Scheduled Commercial Operations Dateestablishment of the Operating Committee, the Company Parties shall provide BPDB with draft operating procedures dealing with cause the Operating Committee to meet and cause their respective designated members to finalize the Operating Procedures addressing all operation operational interfaces between BPDB the Purchaser and the Company including, but not limited toSeller. The Operating Procedures shall:
(i) method take proper account of Day-to-Day communicationthe design of the Complex, the Metering Systems, the Anemometry System, the [Complex Monitoring System/SCADA System] and the Grid System;
(ii) key personnel list;refer to the operational practices and procedures stipulated in the Grid Code which are not inconsistent with the operation, scheduling and Despatch of the Complex; and
(iii) clearances and switching practices;
(iv) outage scheduling;
(v) capacity and energy reporting;
(vi) operating log; and
(vii) reactive power support, which shall be consistent with this AgreementPrudent Electrical Practices, the designs of the Facility (including the Metering System)Prudent Utility Practices, and the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”)Limits.
(b) Within ninety (90) Days after BPDB’s receipt of The procedure for developing and finalising the draft Operating Procedures, BPDB shall notify the Company of any requested deletions, amendments or additions.
(c) The Company shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft to BPDB not later than forty-five (45) Days before the then prevailing Scheduled Commercial Operations Date.
(d) Disagreement between the Parties over the revised draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.as follows:
(i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred to the Engineer.
(ii) If not resolved by the Joint Coordinating Committee within thirty (30) Days following the establishment of such referralthe Operating Committee, the Dispute will be referred for resolution Seller shall deliver to the Engineer who Purchaser in writing:
(A) proposed draft Operating Procedures; and
(B) a report identifying the provisions of the Grid Code, if any, which are inconsistent with the operation, scheduling and Despatch of wind powered generation facilities and in relation to which the Seller shall be directed apply to render his decision by no later than NEPRA to relieve the Seller from the obligation to comply with such provisions ("Grid Code Release Report");
(ii) the Purchaser shall provide comments in writing on the draft Operating Procedures and the Grid Code Release Report within thirty (30) Days prior following the date the draft Operating Procedures are delivered by the Seller to the then-prevailing Scheduled Commercial Operations DatePurchaser, and each Party shall make a representative available to meet within ten (10) Days following the end of such thirty (30) Day period to review each Party’s comments on the draft Operating Procedures and the Grid Code Release Report and on the proposed changes and any objections to the proposed changes of a Party.
(iii) If as soon as is practicable after the Engineer has not rendered his decision by the time stipulated meeting referred to in Section 6.4(d)(ii2.5(b)(ii), but in any event within thirty (30) aboveDays following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision Procedures and a revised draft of the EngineerGrid Code Release Report, and such delay by incorporating to the Engineer in rendering its decision shall not postpone extent agreed each of the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordingly.Parties’ proposed changes;
(iv) The decision rendered the Purchaser shall provide final comments on the final draft Operating Procedures and the revised draft of the Grid Code Release Report within fifteen (15) Business Days after its receipt by the Engineer pursuant Purchaser and, within five (5) Business Days after a request from the Seller, the Purchaser shall make its representatives available in [Lahore], Pakistan, to this meet and review its comments and proposed changes with the Seller; and
(v) the Seller shall revise the draft Operating Procedures and the Grid Code Release Report (as revised under sub-clause (iv) hereinabove) to incorporate such additions or modifications required by the Purchaser and shall provide final drafts to the Purchaser as soon as practicable, and in any event within ten (10) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedures and the Grid Code Release Report (as revised under sub-clause (iv) hereinabove) . Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures and the Grid Code Release Report shall be determined in accordance with Section 6.4(d) 18.2. The determination of the Expert shall be final and binding upon both Partieswith respect to the resolution of such Dispute.
(evi) Either Upon finalisation of the Grid Code Release Report pursuant to this Section 2.5(b), the Seller shall forthwith apply to NEPRA for an authorisation relieving the Seller from the provisions identified to that end in the Grid Code Release Report. The Purchaser shall provide such information and shall participate in the proceedings, if any, before NEPRA as may be necessary or appropriate for expeditious and effective decision by NEPRA on the application of the Seller. The decision of NEPRA shall be incorporated in and made an integral part of the Operating Procedures.
(c) Following the finalisation of the Operating Procedures pursuant to Section 2.5(b), either Party may, from time to time, request revisions may propose changes to the Operating Procedures subject from time to agreement time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the other Partyway it is then treated in the Operating Procedures shall be determined in accordance with Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute.
(d) The Seller and the Purchaser shall mutually develop an inter-tripping schedule no later than sixty (60) Days prior to the required implementation of such schedule. Such inter-tripping schedule shall be based on a proposed schedule submitted to the Seller by the Purchaser at least one hundred and twenty (120) Days prior to the date implementation of such schedule is required.
Appears in 1 contract
Sources: Energy Purchase Agreement
Operating Procedures.
(a) Not later than one hundred and eighty Within thirty (18030) Days before of establishment of the then prevailing Scheduled Commercial Operations DateOperating Committee, the Company Parties shall provide BPDB with draft operating procedures dealing with cause the Operating Committee to meet and cause their respective designated members to work towards finalizing the Operating Procedures addressing all operation interfaces operational interface between BPDB the Purchaser and the Company including, but not limited toSeller. The Operating Procedures shall:
(i) method take proper account of Day-to-Day communicationthe design of the Complex, the Metering Systems, the Complex Monitoring System and the Grid System;
(ii) key personnel list;refer to the operational practices and procedures stipulated in the Grid Code which are not inconsistent with the operation, scheduling and Despatch of the Complex; and
(iii) clearances and switching practices;
(iv) outage scheduling;
(v) capacity and energy reporting;
(vi) operating log; and
(vii) reactive power support, which shall be consistent with this AgreementPrudent Electrical Practices, the designs of the Facility (including the Metering System)Prudent Utility Practices, and the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”)Limits.
(b) Within ninety (90) Days after BPDB’s receipt of The procedure for developing and finalizing the draft Operating Procedures, BPDB shall notify the Company of any requested deletions, amendments or additions.
(c) The Company shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft to BPDB not later than forty-five (45) Days before the then prevailing Scheduled Commercial Operations Date.
(d) Disagreement between the Parties over the revised draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.following:-
(i) If Within thirty (30) Days following the Joint Coordinating Committee has not been formed on or before establishment of the date of such referralOperating Committee, the Dispute Seller shall be referred deliver the proposed draft Operating Procedures in writing to the EngineerPurchaser.
(ii) If not resolved Within thirty (30) Days following the datethe draft Operating Procedures are delivered by the Joint Coordinating Committee Seller to the Purchaser, the Purchaser shall,in writing, provide comments and advise the Seller of all matters and information the Purchaser believes are required to be included in the Operating Procedures;and, within ten (10) Days following the end of such thirty (30) Day period,each Party shall make a representative available to meet, so as to review each Party’s comments on the draft Operating Procedures and on the proposed changes, and on any objections to any of the proposed changes of a Party.
(iii) As soon as practicable after the meeting referred to in Section 2.5(b)(ii), but in any event within thirty (30) Days following the end of such referralmeeting, the Dispute will be referred for resolution Seller shall provide the Purchaser with proposed final draft Operating Procedures incorporating, to the Engineer who shall be directed to render his decision by no later than thirty (30) Days prior to the then-prevailing Scheduled Commercial Operations Date.
(iii) If the Engineer has not rendered his decision by the time stipulated in Section 6.4(d)(ii) aboveextent agreed, the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision each of the Engineer, and such delay by the Engineer in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordinglyParties’ proposed changes.
(iv) The decision rendered Purchaser shall provide final comments on the final draft Operating Procedures within fifteen (15) Business Days after its receipt by the Engineer pursuant Purchaser and, within five (5) Business Days after a request from the Seller, the Purchaser shall make its representatives available in Lahore, Pakistan, to this meet with the Seller and review its comments and proposed changes.
(v) The Seller shall revise the draft Operating Procedures in accordance with sub-clause (iv) hereinabove, so as to incorporate such additions or modifications required by the Purchaser, and shall provide the final draft to the Purchaser as soon as practicable, and in any event within ten (10) Days following receipt of the Purchaser’s comments and proposed changes. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Section 6.4(d) 18.2. The determination of the Expert shall be final and binding upon both Partieswith respect to the resolution of such Dispute.
(ec) Either Following finalization of the Operating Procedures pursuant to Section 2.5(b), either Party may, from time to time, request revisions may propose changes to the Operating Procedures subject from time to agreement time as changes in events and circumstances may require. The Parties shall meet and, in good faith, discuss such proposed changes and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the other Partyway it is then treated in the Operating Procedures, shall be determined in accordance with Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute.
(d) The Seller and the Purchaser shall mutually develop an inter-tripping schedule no later than sixty (60) Days prior to the required implementation of such schedule. Such inter-tripping schedule shall be based on a proposed schedule submitted to the Seller by the Purchaser, at least one hundred and twenty (120) Days prior to the date implementation of such schedule is required.
Appears in 1 contract
Sources: Energy Purchase Agreement
Operating Procedures. The Member shall deliver to the Commission a copy of the standing operating procedures of the Member with respect to the processing, containment and discharge of Wastewater delivered to the Connection Points. The Commission will not unduly restrict access to the Regional Lift Station site for the purposes of testing or evaluation of the municipally effluent or system operations at the Connection Point(s), which at Blackfalds is the Diversion Chamber. The Member shall provide, as soon as reasonably possible, copies of all updates and amendments to its standard operating procedures as they occur from time to time. Subject to Section 6.2 herein:
(a) Not later than one hundred and eighty (180) Days before if the then prevailing Scheduled Commercial Operations DateCommission concludes, acting reasonably, that any part of the Wastewater Quality Limits will be exceeded or if the Wastewater contains a Non-Permitted Substance, the Company shall Commission may provide BPDB with draft operating procedures dealing with all operation interfaces between BPDB and a written demand to the Company including, but not limited to:
(i) method of Day-to-Day communicationMember to take the necessary action to resolve the circumstances giving rise to such demand within a reasonable time;
(iib) key personnel listupon receipt of such notice from the Commission, the Member shall take all reasonable steps to resolve, as soon as practicable, the circumstances giving rise to such demand exceedances or other non-conformance and upon failing such resolution the Member (or, if necessary, the Commission) shall stop the flow of Wastewater at the applicable Connection Point(s);
(iiic) clearances and switching practicesif the Member has not provided the Commission with confirmation, acceptable to the Commission, acting reasonably, that the circumstances giving rise to such demand have been remedied or the flow of Wastewater has not stopped at the applicable Connection Point(s), the Commission may stop the flow of Wastewater with no further notice to the Member. The Commission will endeavor to mitigate these impacts by whatever means possible, such as temporarily diverting flow to the equalization storage ponds if available, or other means prior to stopping the Member’s flow;
(ivd) outage scheduling;
(v) capacity and energy reporting;
(vi) operating logafter the Commission has received confirmation from the Member that the circumstances giving rise to such demand have been remedied, which remedy is acceptable to the Commission, acting reasonably, the Commission shall re-establish the flow of Wastewater via the applicable Connection Point(s); and
(viie) reactive power supportnotwithstanding subsection 6.1 (a) in those circumstances where Wastewater contains substances at a concentration or mass loading that exceeds the limits set out or contemplated in Schedule “A” hereto, which such exceedances in Non-Permitted Substances shall be consistent dealt with in accordance with the provisions in this Agreement, the designs of the Facility (including the Metering System), the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”)document.
(b) Within ninety (90) Days after BPDB’s receipt of the draft Operating Procedures, BPDB shall notify the Company of any requested deletions, amendments or additions.
(c) The Company shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft to BPDB not later than forty-five (45) Days before the then prevailing Scheduled Commercial Operations Date.
(d) Disagreement between the Parties over the revised draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.
(i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred to the Engineer.
(ii) If not resolved by the Joint Coordinating Committee within thirty (30) Days of such referral, the Dispute will be referred for resolution to the Engineer who shall be directed to render his decision by no later than thirty (30) Days prior to the then-prevailing Scheduled Commercial Operations Date.
(iii) If the Engineer has not rendered his decision by the time stipulated in Section 6.4(d)(ii) above, the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision of the Engineer, and such delay by the Engineer in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordingly.
(iv) The decision rendered by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Parties.
(e) Either Party may, from time to time, request revisions to the Operating Procedures subject to agreement from the other Party.
Appears in 1 contract
Sources: Supply of Services Agreement
Operating Procedures. (a) Not later than one hundred and eighty Within thirty (18030) Days before of the then prevailing Scheduled Commercial Operations Dateestablishment of the Operating Committee, the Company Parties shall provide BPDB with draft operating procedures dealing with cause the Operating Committee to meet and cause their respective designated members to work towards finalizing the Operating Procedures addressing all operation operational interfaces between BPDB the Purchaser and the Company including, but not limited toSeller. The Operating Procedures shall:
(i) method take proper account of Day-to-Day communicationthe design of the Complex, the Metering Systems, the Meteorological Station, the Complex Monitoring System and the Grid System;
(ii) key personnel list;refer to the operational practices and procedures stipulated in the Grid Code consistent with the operation, scheduling and Despatch of the Complex; and
(iii) clearances and switching practices;
(iv) outage scheduling;
(v) capacity and energy reporting;
(vi) operating log; and
(vii) reactive power support, which shall be consistent with this AgreementPrudent Electrical Practices, the designs of the Facility (including the Metering System)Prudent Utility Practices, and the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”)Limits.
(b) Within ninety (90) Days after BPDB’s receipt of The procedure for developing and finalising the draft Operating Procedures, BPDB shall notify the Company of any requested deletions, amendments or additions.
(c) The Company shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft to BPDB not later than forty-five (45) Days before the then prevailing Scheduled Commercial Operations Date.
(d) Disagreement between the Parties over the revised draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.as follows:
(i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred to the Engineer.
(ii) If not resolved by the Joint Coordinating Committee within thirty (30) Days following the establishment of such referralthe Operating Committee, the Dispute will be referred for resolution Seller shall deliver to the Engineer who Purchaser in writing proposed draft Operating Procedures;
(ii) the Purchaser shall provide comments and advise the Seller of all matters and information the Purchaser believes are required to be directed to render his decision by no later than included in the Operating Procedures in writing on the draft Operating Procedures within thirty (30) Days prior following the date the draft Operating Procedures are delivered by the Seller to the then-prevailing Scheduled Commercial Operations Date.Purchaser, and each Party shall make a representative available to meet within ten (10) Days following the end of such thirty (30) Day period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party;
(iii) If as soon as is practicable after the Engineer has not rendered his decision by the time stipulated meeting referred to in Section 6.4(d)(ii2.5(b)(ii), but in any event within thirty (30) aboveDays following the end of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating Procedures, as proposed by Procedures incorporating to the Company shall be used for operating the Facility pending the decision extent agreed each of the Engineer, and such delay by the Engineer in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordingly.Parties’ proposed changes;
(iv) The decision rendered the Purchaser shall provide final comments on the final draft Operating Procedures within fifteen (15) Business Days after its receipt by the Engineer pursuant Purchaser and, within five (5) Business Days after a request from the Seller, the Purchaser shall make its representatives available in Lahore Pakistan, to this Section 6.4(dmeet and review its comments and proposed changes with the Seller;
(v) the Seller shall revise the draft Operating Procedures (as revised under sub-clause (iv) hereinabove) to incorporate such additions or modifications required by the Purchaser and shall provide final drafts to the Purchaser as soon as practicable, and in any event within ten (10) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedures (as revised under sub-clause (iv) hereinabove). Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be determined in accordance with Article XVIII. The determination of the Expert shall be final and binding upon both Partieswith respect to the resolution of such Dispute.
(ec) Either Following the finalisation of the Operating Procedures pursuant to Section 2.5(b), either Party may, from time to time, request revisions may propose changes to the Operating Procedures subject from time to agreement time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the other Partyway it is then treated in the Operating Procedures shall be determined in accordance with Article XVIII. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute.
(d) Not used.
Appears in 1 contract
Sources: Energy Purchase Agreement
Operating Procedures. (a) Not later than one hundred and eighty (180) Days before The Company may require periodic reviews of the then prevailing Scheduled Commercial Operations DateSeller's Facility, the Company shall provide BPDB with draft maintenance records, available operating procedures dealing with all operation interfaces between BPDB and policies, and relay settings, and may request changes it deems necessary to protect the Company including, but not limited to:
(i) method of Day-to-Day communication;
(ii) key personnel list;
(iii) clearances and switching practices;
(iv) outage scheduling;
(v) capacity and energy reporting;
(vi) operating log; and
(vii) reactive power support, which shall be consistent with this Agreement, Company's System from damages resulting from the designs of the Facility (including the Metering System), the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”)Seller's parallel operation.
(b) Within ninety (90) Days after BPDB’s receipt Logs shall be kept by the Seller for information on unit availability, including reasons for planned and forced outages; circuit breaker trip operations; relay operations, including target initiation; and other unusual events. The Company shall have the right to review these logs, especially in analyzing system disturbances. The Seller will provide the Company with subsequent written confirmation any time the Seller experiences a unit trip. Such confirmation will include the date and time of the draft Operating Procedures, BPDB shall notify occurrence as well as the Company cause of any requested deletions, amendments or additionsthe unit trip.
(c) The Company Seller shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft limit its Facility's ramp rate to BPDB not later less than forty-five (45) Days before the then prevailing Scheduled Commercial Operations Date2 mw/min.
(d) Disagreement between The Company's Load Dispatcher shall specify the Parties over power factor at which energy is delivered by the revised draft Operating Procedures shall be referred for resolution Seller to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.
(i) If the Joint Coordinating Committee has not been formed on or before the date Company. Typical power factor requirements will normally operate in a range of such referral, the Dispute shall be referred 0.85 to the Engineer.
(ii) If not resolved by the Joint Coordinating Committee within thirty (30) Days of such referral, the Dispute will be referred for resolution to the Engineer who shall be directed to render his decision by no later than thirty (30) Days prior to the then-prevailing Scheduled Commercial Operations Date.
(iii) If the Engineer has not rendered his decision by the time stipulated in Section 6.4(d)(ii) above, the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision of the Engineer, and such delay by the Engineer in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordingly.
(iv) The decision rendered by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Parties1.0.
(e) Either Party mayIf Seller is separated from the Company's System for any reason, the Seller, under no circumstances, shall reclose into the Company's system without first obtaining specific approval to do so from time the Company's Load Dispatcher. Such approval shall be withheld only when such reclosing is not in accordance with Section 27(a) of this Contract and the Company's standard practices, policies and procedures.
(f) The Company's Load Dispatcher will notify the Seller whenever the Seller must be separated from the Company's System pursuant to timeSections 6 and 7 of this Contract. When possible, request revisions reasonable advance notice will be given to the Operating Procedures subject Seller by the Company's Load Dispatcher, provided this provision does not limit the Company's obligation to agreement from give notice under Section 6(b) of this Contract.
(g) The Seller shall submit the other Partynext five-year maintenance requirement in writing to the Company each year no later than June 30 of the previous year. The Company shall specify the maintenance schedule for the five-year period and inform the Seller in writing no later than September 30 of the same year. The Company shall not unreasonably delay maintenance of the Seller's Facility and will cooperate with Seller in establishing a reasonable schedule for the Seller's maintenance requirements.
(h) The Seller shall notify the Company's Load Dispatcher prior to synchronizing a generator onto or taking a generator off the system. Such notification should be as far in advance as reasonably possible under the circumstances causing the action. ▇▇▇▇▇▇▇▇ ▇ [GRAPHIC] 15a
Appears in 1 contract
Operating Procedures. (a) Not later than one hundred and eighty (180) Days before the then prevailing Scheduled Commercial Operations Date10.1 On receipt by an OPERATOR of notification by a MAINTENANCE AUTHORITY that a SCARAB SYSTEM is required to undertake work on a DESIGNATED CABLE, the Company OPERATOR shall provide BPDB with draft operating procedures dealing with all operation interfaces between BPDB take the necessary action to ensure that the SCARAB SYSTEM is mobilised aboard the nominated Host Vessel without avoidable delay. Where notification is given by telephone, it shall be confirmed by telex or facsimile at the earliest opportunity.
10.2 The MAINTENANCE AUTHORITY requesting the use of a SCARAB SYSTEM shall be responsible for the nomination, engagement and costs of a suitable Host Vessel. Notwithstanding the foregoing, the OPERATOR of the respective SCARAB SYSTEM shall be responsible for determining the suitability of any nominated Host Vessel and the Company includingOPERATOR's decision in this regard shall be final.
10.3 When an OPERATOR is notified to commence a SCARAB SYSTEM operation under this AGREEMENT or when a SCARAB SYSTEM changes operational status, but not limited tothe respective OPERATOR shall, within 24 hours, notify the MAINTENANCE AUTHORITIES in the ZONE and the other OWNERS, by telex or facsimile, as specified below:
(i) method 10.3.1 Upon receipt of Day-to-Day communication;
(ii) key personnel list;
(iii) clearances and switching practices;
(iv) outage scheduling;
(v) capacity and energy reporting;
(vi) operating log; and
(vii) reactive power support, which shall be consistent with this Agreementnotification by an OPERATOR that the respective SCARAB SYSTEM is required to undertake an operation, the designs OPERATOR shall transmit a Notification of Commencement of a SCARAB SYSTEM operation in accordance with Schedule Fl.
10.3.2 After completion of the Facility (including the Metering System)SCARAB SYSTEM operation, the Technical Limits and Prudent Utility Practices OPERATOR shall transmit a Notification of Completion of a SCARAB SYSTEM operation in accordance with Schedule F2.
10.3.3 Upon a SCARAB SYSTEM's change in operational status (togetherie: standby, repairs, OUTSIDE WORK, training exercises, etc.) the respective OPERATOR shall transmit a notification of the change in status in accordance with Schedule F3.
10.4 As soon as practicable after the completion of a SCARAB SYSTEM operation under this AGREEMENT, the “Operating Procedures”).
(b) Within ninety (90) Days after BPDB’s receipt respective OPERATOR shall advise the MAINTENANCE AUTHORITIES on whose behalf the operation was undertaken, by telex or facsimile, of the draft Operating Procedures, BPDB shall notify the Company of any requested deletions, amendments or additions.
(c) The Company shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs estimated RUNNING COSTS of the Facility (including SCARAB SYSTEM on such operation in the Metering System), or Prudent Utility Practices and provide such revised draft to BPDB not later than forty-five (45) Days before the then prevailing Scheduled Commercial Operations Dateformat of Schedule F4.
(d) Disagreement between the Parties over the revised draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.
(i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred to the Engineer.
(ii) If not resolved by the Joint Coordinating Committee within thirty (30) Days of such referral, the Dispute will be referred for resolution to the Engineer who shall be directed to render his decision by no later than thirty (30) Days prior to the then-prevailing Scheduled Commercial Operations Date.
(iii) If the Engineer has not rendered his decision by the time stipulated in Section 6.4(d)(ii) above, the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision of the Engineer, and such delay by the Engineer in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordingly.
(iv) The decision rendered by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Parties.
(e) Either Party may, from time to time, request revisions to the Operating Procedures subject to agreement from the other Party.
Appears in 1 contract
Operating Procedures. (a) Not later than one hundred and eighty (180) Days before The Company may require periodic reviews of the then prevailing Scheduled Commercial Operations DateSeller's Facility, the Company shall provide BPDB with draft maintenance records, available operating procedures dealing with all operation interfaces between BPDB and policies, and relay settings, and may request changes it deems necessary to protect the Company including, but not limited to:
(i) method of Day-to-Day communication;
(ii) key personnel list;
(iii) clearances and switching practices;
(iv) outage scheduling;
(v) capacity and energy reporting;
(vi) operating log; and
(vii) reactive power support, which shall be consistent with this Agreement, Company's System from damages resulting from the designs of the Facility (including the Metering System), the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”)Seller's parallel operation.
(b) Within ninety (90) Days after BPDB’s receipt Logs shall be kept by the Seller for information on unit availability, including reasons for planned and forced outages; circuit breaker trip operations; relay operations, including target initiation; and other unusual events. The Company shall have the right to review these logs, especially in analyzing system disturbances. The Seller will provide the Company with subsequent written confirmation any time the Seller experiences a unit trip. Such confirmation will include the date and time of the draft Operating Procedures, BPDB shall notify occurrence as well as the Company cause of any requested deletions, amendments or additionsthe unit trip.
(c) The Company Seller shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft limit its Facility's ramp rate to BPDB not later less than forty-five (45) Days before the then prevailing Scheduled Commercial Operations Date2 MW/min.
(d) Disagreement between The Company's Load Dispatcher shall specify the Parties over the revised draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.
(i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred to the Engineer.
(ii) If not resolved power factor at which energy is delivered by the Joint Coordinating Committee within thirty (30) Days Seller to ATTACHMENT B TO THE FOURTH AMENDMENT the Company. Typical power factor requirements will normally operate in a range of such referral, the Dispute will be referred for resolution 0.85 lagging to the Engineer who shall be directed to render his decision by no later than thirty (30) Days prior to the then-prevailing Scheduled Commercial Operations Date.
(iii) If the Engineer has not rendered his decision by the time stipulated in Section 6.4(d)(ii) above, the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision of the Engineer, and such delay by the Engineer in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordingly.
(iv) The decision rendered by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Parties1.0.
(e) Either Party mayIf Seller is separated from the Company's System for any reason, the Seller, under no circumstances, shall reclose into the Company's system without first obtaining specific approval to do so from time the Company's Load Dispatcher. Such approval shall be withheld only when such reclosing is not in accordance with Section 17(a) of this Contract and the Company's standard practices, policies and procedures.
(f) The Company's Load Dispatcher will notify the Seller whenever the Seller must be separated from the Company's System pursuant to timeSections 6 and 7 of this Contract. When possible, request revisions reasonable advance notice will be given to the Operating Procedures subject Seller by the Company's Load Dispatcher, provided this provision does not limit the Company's obligation to agreement from give notice under Section 6(b) of this Contract.
(g) The Seller shall submit the other Partynext five-year maintenance requirement in writing to the Company each year no later than June 30 of the previous year. The Company shall specify the maintenance schedule for the five-year period and inform the Seller in writing no later than September 30 of the same year. The Company shall not unreasonably delay maintenance of the Seller's Facility and will cooperate with Seller in establishing a reasonable schedule for the Seller's maintenance requirements.
(h) The Seller shall notify the Company's Load Dispatcher prior to synchronizing a generator onto or taking a generator off the system. Such notification should be as far in advance as reasonably possible under the circumstances causing the action.
Appears in 1 contract
Sources: Performance Agreement and Fourth Amendment to the Purchase Power Contract (Ormat Technologies, Inc.)
Operating Procedures. (a) Not later than one hundred and eighty Within thirty (18030) Days before of the then prevailing Scheduled Commercial Operations Dateestablishment of the Operating Committee, the Company Parties shall provide BPDB with draft operating procedures dealing with cause the Operating Committee to meet and cause their respective designated members to finalize the Operating Procedures addressing all operation operational interfaces between BPDB the Purchaser and the Company including, but not limited toSeller. The Operating Procedures shall:
(i) method take proper account of Day-to-Day communicationthe design of the Complex, the Metering Systems, the Anemometry System, the [Complex Monitoring System/SCADA System] and the Grid System;
(ii) key personnel list;refer to the operational practices and procedures stipulated in the Grid Code which are not inconsistent with the operation, scheduling and Despatch of the Complex; and
(iii) clearances and switching practices;
(iv) outage scheduling;
(v) capacity and energy reporting;
(vi) operating log; and
(vii) reactive power support, which shall be consistent with this AgreementPrudent Electrical Practices, the designs of the Facility (including the Metering System)Prudent Utility Practices, and the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”)Limits.
(b) Within ninety (90) Days after BPDB’s receipt of The procedure for developing and finalising the draft Operating Procedures, BPDB shall notify the Company of any requested deletions, amendments or additions.
(c) The Company shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft to BPDB not later than forty-five (45) Days before the then prevailing Scheduled Commercial Operations Date.
(d) Disagreement between the Parties over the revised draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.as follows:
(i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred to the Engineer.
(ii) If not resolved by the Joint Coordinating Committee within thirty (30) Days following the establishment of such referralthe Operating Committee, the Dispute will be referred for resolution Seller shall deliver to the Engineer who Purchaser in writing:
(A) proposed draft Operating Procedures; and
(B) a report identifying the provisions of the Grid Code, if any, which are inconsistent with the operation, scheduling and Despatch of wind powered generation facilities and in relation to which the Seller shall be directed apply to render his decision by no later than THE AUTHORITY to relieve the Seller from the obligation to comply with such provisions ("Grid Code Release Report");
(ii) the Purchaser shall provide comments in writing on the draft Operating Procedures and the Grid Code Release Report within thirty (30) Days prior following the date the draft Operating Procedures are delivered by the Seller to the then-prevailing Scheduled Commercial Operations DatePurchaser, and each Party shall make a representative available to meet within ten (10) Days following the end of such thirty (30) Day period to review each Party’s comments on the draft Operating Procedures and the Grid Code Release Report and on the proposed changes and any objections to the proposed changes of a Party.
(iii) If as soon as is practicable after the Engineer has not rendered his decision by meeting referred to in Clause 9.12(b)(ii), but in any event within thirty (30) Days following the time stipulated in Section 6.4(d)(ii) aboveend of such meeting, the Seller shall provide the Purchaser with proposed final draft Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision Procedures and a revised draft of the EngineerGrid Code Release Report, and such delay by incorporating to the Engineer in rendering its decision shall not postpone extent agreed each of the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordingly.Parties’ proposed changes;
(iv) The decision rendered the Purchaser shall provide final comments on the final draft Operating Procedures and the revised draft of the Grid Code Release Report within fifteen (15) Business Days after its receipt by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Parties.
(e) Either Party mayPurchaser and, from time to time, request revisions to the Operating Procedures subject to agreement from the other Party.within five
Appears in 1 contract
Sources: Power Purchase Agreement
Operating Procedures. (a) Not later than one hundred At least 60 days prior to the commencement of the Delivery Term, AWWU and eighty (180) Days before the then prevailing Scheduled Commercial Operations Date, the Company Owners shall provide BPDB with draft develop written detailed operating procedures dealing with all operation interfaces between BPDB and governing the Company including, but not limited to:
Water Transportation Services pursuant to the terms in this Agreement (i) method of Day-to-Day communication;
(ii) key personnel list;
(iii) clearances and switching practices;
(iv) outage scheduling;
(v) capacity and energy reporting;
(vi) operating log; and
(vii) reactive power support, which shall be consistent with this Agreement, the designs of the Facility (including the Metering System), the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”). Such Operating Procedures shall comply with all applicable Approvals, Prudent Industry Standards and applicable Law and shall, at a minimum, set forth (i) the agreed methods for day- to-day communication and reporting requirements of each Party; (ii) key personnel lists for AWWU and for the Owners necessary for the facilitation of the Operational Work and the provision of the Water Transportation Services; (iii) processes for planning and communication between the Parties to coordinate regarding scheduling pursuant to Section 3.2 and Excused Events pursuant to Article 8; (iv) reporting and determining Curtailment Durations and Curtailment Limits for Excused Events pursuant to Article 8; (v) sharing of information from the Delivery Point Meter and the Injection Point Flow Meter pursuant to Section 3.3; (vi) ongoing reporting requirements of the Owners of metered water flow quantities measured at the Delivery Point and the Injection Point pursuant to Section 3.3; (vii) the process for obtaining and maintaining necessary Approvals throughout the Delivery Term; (viii) reference to necessary Facility equipment specifications and operation and maintenance manuals; (ix) inclusion of the final as-built drawings for the Facility developed pursuant to the Interconnection Agreement; (x) a clear process for ensuring that at all times during the Delivery Term, the Water Release Limits are met; (xi) each Party’s legal notice address information for the delivery of notices required under this Agreement; and (xii) any other procedures related to the provision of the Water Transportation Services and Operational Work that the Parties deem necessary. Such Operating Procedures shall include any and all detailed definitions, drawings, and descriptions of the AWWU Facilities and the Facility as necessary to facilitate the coordination and responsibilities of the Parties as set forth herein. In the event of any disagreement in the development of the Operating Procedures, the Parties shall work in good faith to promptly resolve differences. AWWU’s actual costs of developing such Operating Procedures shall be reimbursed by the Owners pursuant to Section 6.3.
(b) Within ninety (90) Days after BPDB’s receipt of Throughout the draft Operating Procedures, BPDB shall notify the Company of any requested deletions, amendments or additions.
(c) The Company shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this AgreementDelivery Term, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft to BPDB not later than forty-five (45) Days before the then prevailing Scheduled Commercial Operations Date.
(d) Disagreement between the Parties over the revised draft Operating Procedures shall be referred for resolution updated from time to time by AWWU as needed upon written notice to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.
(i) If the Joint Coordinating Committee has not been formed on Owners, or before the date of such referral, the Dispute shall be referred to the Engineer.
(ii) If not resolved upon written request by the Joint Coordinating Committee within thirty Owners, to reflect ministerial changes to ensure continued accuracy and relevancy (30) Days of such referrale.g. personnel, the Dispute will be referred for resolution to the Engineer who shall be directed to render his decision by no later than thirty (30) Days prior to the then-prevailing Scheduled Commercial Operations Date.
(iii) If the Engineer has not rendered his decision by the time stipulated in Section 6.4(d)(ii) above, the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision of the Engineercontact/notice information, and Facility equipment upgrades), provided, that, such delay by the Engineer in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordingly.
(iv) The decision rendered by the Engineer changes made pursuant to this Section 6.4(d5.1(b) shall be final under no circumstances materially modify the obligations and binding upon both Partiesresponsibilities of the Parties as set forth herein.
(e) Either Party may, from time to time, request revisions to the Operating Procedures subject to agreement from the other Party.
Appears in 1 contract
Operating Procedures. (a) Not later than one hundred The purchase, sale, redemption and eighty (180) Days before settlement of Fund shares will normally follow the then prevailing Scheduled Commercial Operations DateNSCC guidelines, the Company shall provide BPDB with draft operating procedures dealing with all operation interfaces between BPDB and the Company including, but not limited toas follows:
(i) method The parties agree to establish an electronic data link through the NSCC DCC&S system (together, “NSCC system”). The NSCC system will enable Recordkeeper to transmit Account trade information, including purchase, redemption and exchange instructions, as directed by the Plan Representative, to the Funds and likewise to receive trade and pricing information from the Funds. The parties agree to pay or arrange for payment of Day-to-Day communication;their respective NSCC costs.
(ii) key personnel list;Each party agrees to abide by NSCC guidelines in order to perform their respective obligations under this Agreement.
(iii) clearances and switching practices;Recordkeeper agrees that it will not place trades through the NSCC system with an “as of date prior to the last Business Day on which a net asset value was reported without prior consent of Series Trust.
(iv) outage scheduling;On each Business Day, each Fund (or its transfer agent) shall accept and effect changes on its records upon receipt of purchase, redemption and exchange instructions for an Account in good order from Recordkeeper through the NSCC system without supporting documents from the Plan Representative.
(v) capacity Confirmed trades and energy reporting;any other information provided through the NSCC system pursuant to this Agreement shall be accurate, complete and in a format prescribed by the NSCC guidelines. Each party or their agent shall adopt, implement and maintain current procedures reasonably designed to ensure the accuracy of all transmissions through the NSCC system. Each party shall be entitled to act on information and transmissions received through the NSCC system that it reasonably believes to be genuine.
(vi) operating log; and
(vii) reactive power support, which Recordkeeper agrees that its receipt of information regarding confirmed trades through the NSCC system pursuant to this Agreement shall be consistent with this Agreement, the designs deemed to be receipt of the Facility written notification (including “confirmation”) required by Rule 10b-10 under the Metering System)Securities Exchange Act of 1934, as amended, and, as such, Recordkeeper, on behalf of the Technical Limits Account and Prudent Utility Practices (togetherthe Plan, the “Operating Procedures”)hereby gives its informed consent to electronic delivery of such confirmation; provided that Recordkeeper may request a paper copy of any confirmation delivered to it electronically and, provided further, that Recordkeeper may revoke its consent to electronic delivery pursuant to a notice delivered under Section 22 hereof.
(b) Within ninety (90) Days after BPDBThe purchase, sale, redemption and settlement of a Fund’s receipt of shares will normally follow NSCC guidelines, as described above. In the draft Operating Procedures, BPDB shall notify the Company of any requested deletions, amendments or additions.
(c) The Company shall make any deletions, amendments or additions event that BPDB reasonably requests unless they would be inconsistent with this Agreementsuch guidelines are not followed as described, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft to BPDB not later than forty-five (45) Days before the then prevailing Scheduled Commercial Operations DateManual Processing Procedures defined in Schedule B will apply.
(d) Disagreement between the Parties over the revised draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.
(i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred to the Engineer.
(ii) If not resolved by the Joint Coordinating Committee within thirty (30) Days of such referral, the Dispute will be referred for resolution to the Engineer who shall be directed to render his decision by no later than thirty (30) Days prior to the then-prevailing Scheduled Commercial Operations Date.
(iii) If the Engineer has not rendered his decision by the time stipulated in Section 6.4(d)(ii) above, the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision of the Engineer, and such delay by the Engineer in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordingly.
(iv) The decision rendered by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Parties.
(e) Either Party may, from time to time, request revisions to the Operating Procedures subject to agreement from the other Party.
Appears in 1 contract
Sources: Service Agreement (GMO Series Trust)
Operating Procedures. (a) Not later than one hundred and eighty Within thirty (18030) Days before of the then prevailing Scheduled Commercial Operations Dateestablishment of the Operating Committee, the Company Parties shall provide BPDB with draft operating procedures dealing with cause the Operating Committee to meet and cause their respective designated members to work towards finalizing the Operating Procedures addressing all operation operational interfaces between BPDB the Purchaser and the Company including, but not limited toSeller. The Operating Procedures shall:
(i) method take proper account of Day-to-Day communication;the design of the Complex, the Metering Systems, and the Grid System; and
(ii) key personnel list;
(iii) clearances and switching practices;
(iv) outage scheduling;
(v) capacity and energy reporting;
(vi) operating log; and
(vii) reactive power support, which shall be consistent with this AgreementPrudent Electrical Practices, the designs of the Facility (including the Metering System)Prudent Utility Practices, and the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”)Limits.
(b) Within ninety (90) Days after BPDB’s receipt of The procedure for developing and finalizing the draft Operating Procedures, BPDB Procedures shall notify the Company of any requested deletions, amendments or additions.be as follows:
(ci) The Company shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft to BPDB not later than within forty-five (45) Days before following the then prevailing Scheduled Commercial Operations Date.
(d) Disagreement between establishment of the Parties over Operating Committee, the revised Seller shall deliver to the Purchaser in writing proposed draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.
(i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred to the Engineer.Procedures;
(ii) If not resolved the Purchaser shall provide comments in writing on the draft Operating Procedures within twenty-five (25) Days following the date the draft Operating Procedures are delivered by the Joint Coordinating Committee Seller to the Purchaser, and each Party shall make a representative available to meet within ten (10) Days following the end of such twenty-five (25) Day period to review each Party’s comments on the draft Operating Procedures and on the proposed changes and any objections to the proposed changes of a Party;
(iii) as soon as is practicable after the meeting referred to in Section 2.5(b)(ii), but in any event within thirty (30) Days following the end of such referralmeeting, the Dispute will be referred for resolution Seller shall provide the Purchaser with proposed final draft Operating Procedures, incorporating to the Engineer who extent agreed each of the Parties’ proposed changes;
(iv) the Purchaser shall provide final comments on the final draft Operating Procedures within fifteen (15) Business Days after its receipt by the Purchaser and, within five (5) Business Days after a request from the Seller, the Purchaser shall make its representatives available at Islamabad, Pakistan, to meet and review its comments and proposed changes with the Seller; and
(v) the Seller shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Purchaser and shall provide a final draft to the Purchaser as soon as practicable, and in any event within ten (10) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be directed determined in accordance with Section 18.2. The determination of the Expert shall be final and binding with respect to render his decision the resolution of such Dispute.
(c) Following the finalization of the Operating Procedures pursuant to Section 2.5(b), either Party may propose changes to the Operating Procedures from time to time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the way it is then treated in the Operating Procedures shall be determined in accordance with Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute.
(d) The Seller and the Purchaser shall mutually develop an inter-tripping schedule no later than thirty sixty (3060) Days prior to the thenrequired implementation of such schedule. Such inter-prevailing Scheduled Commercial Operations Date.
(iii) If tripping schedule shall be based on a proposed schedule submitted to the Engineer has not rendered his decision Seller by the time stipulated in Section 6.4(d)(iiPurchaser at least one hundred and twenty (120) above, Days prior to the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision date implementation of the Engineer, and such delay by the Engineer in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordingly.
(iv) The decision rendered by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Partiesschedule is required.
(e) Either Party may, from time to time, request revisions to The Purchaser may delegate its functions and responsibilities under this Section 2.5 for developing and finalizing the Operating Procedures subject to agreement from the other PartyGrid System Operator.
Appears in 1 contract
Sources: Energy Purchase Agreement
Operating Procedures. (a) Not later than one hundred and eighty (180) Days before The Company may require periodic reviews of the then prevailing Scheduled Commercial Operations DateSeller's Facility, the Company shall provide BPDB with draft maintenance records, available operating procedures dealing with all operation interfaces between BPDB and policies, and relay settings, and may request changes it deems necessary to protect the Company including, but not limited to:
(i) method of Day-to-Day communication;
(ii) key personnel list;
(iii) clearances and switching practices;
(iv) outage scheduling;
(v) capacity and energy reporting;
(vi) operating log; and
(vii) reactive power support, which shall be consistent with this Agreement, Company's System from damages resulting from the designs of the Facility (including the Metering System), the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”)Seller's parallel operation.
(b) Within ninety (90) Days after BPDB’s receipt Logs shall be kept by the Seller for information on unit availability, including reasons for planned and forced outages; circuit breaker trip operations; relay operations, including target initiation; and other unusual events. The Company shall have the right to review these logs, especially in analyzing system disturbances. The Seller will provide the Company with subsequent written confirmation any time the Seller experiences a unit trip. Such confirmation will include the date and time of the draft Operating Procedures, BPDB shall notify occurrence as well as the Company cause of any requested deletions, amendments or additionsthe unit trip.
(c) The Company Seller shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft limit its Facility's ramp rate to BPDB not later less than forty-five (45) Days before the then prevailing Scheduled Commercial Operations Date2 MW/min.
(d) Disagreement between The Company's Load Dispatcher shall specify the Parties over the revised draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.
(i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred to the Engineer.
(ii) If not resolved power factor at which energy is delivered by the Joint Coordinating Committee within thirty (30) Days Seller to ATTACHMENT B TO THE FOURTH AMENDMENT the Company. Typical power factor requirements will normally operate in a range of such referral, the Dispute will be referred for resolution O.85 lagging to the Engineer who shall be directed to render his decision by no later than thirty (30) Days prior to the then-prevailing Scheduled Commercial Operations Date.
(iii) If the Engineer has not rendered his decision by the time stipulated in Section 6.4(d)(ii) above, the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision of the Engineer, and such delay by the Engineer in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordingly.
(iv) The decision rendered by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Parties1.0.
(e) Either Party mayIf Seller is separated from the Company's System for any reason, the Seller, under no circumstances, shall reclose into the Company's system without first obtaining specific approval to do so from time the Company's Load Dispatcher. Such approval shall be withheld only when such reclosing is not in accordance with Section 17(a) of this Contract and the Company's standard practices, policies and procedures.
(f) The Company's Load Dispatcher will notify the Seller whenever the Seller must be separated from the Company's System pursuant to timeSections 6 and 7 of this Contract. When possible, request revisions reasonable advance notice will be given to the Operating Procedures subject Seller by the Company's Load Dispatcher, provided this provision does not limit the Company's obligation to agreement from give notice under Section 6(b) of this Contract.
(g) The Seller shall submit the other Partynext five-year maintenance requirement in writing to the Company each year no later than June 30 of the previous year. The Company shall specify the maintenance schedule for the five-year period and inform the Seller in writing no later than September 30 of the same year. The Company shall not unreasonably delay maintenance of the Seller's Facility and will cooperate with Seller in establishing a reasonable schedule for the Seller's maintenance requirements.
(h) The Seller shall notify the Company's Load Dispatcher prior to synchronizing a generator onto or taking a generator off the system. Such notification should be as far in advance as reasonably possible under the circumstances causing the action.
Appears in 1 contract
Operating Procedures. 11.1 In the case of an agency offering, the Corporation and the Dealers shall follow the operating procedures set forth in Schedule B hereto in respect of operating and settlement matters and the timing of payment of commissions in connection with the sale of Medium Term Notes by or through the Dealers or in such other manner as the Corporation and the Dealers shall agree.
11.2 The Corporation shall allow the Dealers and Dealers' Counsel to carry out the due diligence which the Dealers acting reasonably require in order to fulfill the Dealers' obligations as registrants under the applicable Securities Laws and to enable the Dealers to responsibly execute the certificate in the Prospectus or a Prospectus Supplement, as contemplated by Schedule C hereto.
11.3 If any Dealer, acting reasonably, is not satisfied with the content of a Prospectus Amendment, including, as applicable, the documents and information incorporated therein by reference, required to be filed by the Corporation in connection with the Distribution of the Medium Term Notes, or if any Dealer gives notice to the Corporation that, in that Dealer's judgment, acting reasonably, a Prospectus Amendment or material change report is required under applicable Securities Laws to be filed by the Corporation and the Corporation is not prepared to file such Prospectus Amendment or material change report or if the Corporation or a Dealer determines in its sole discretion that it does not wish to continue the agency arrangement specified herein (in the case of the Corporation, in respect of one or more of the Dealers), the Corporation or that Dealer, as applicable, shall be entitled to terminate its rights and obligations under this Agreement upon delivery of notice to that effect, in which event there shall be no liability on the part of that Dealer to the Corporation or of the Corporation to that Dealer or Dealers, except in respect of liability, if any, which may arise on the part of the Corporation under the provisions of sections 9 and 15. Upon such termination the Corporation and the remaining Dealers shall promptly file:
(a) Not later than one hundred if appropriate, a Prospectus Amendment indicating that the Dealer or Dealers have ceased to be a Dealer or Dealers under the Prospectus and eighty (180) Days before containing a new prospectus certificate page signed by the then prevailing Scheduled Commercial Operations Date, the Company shall provide BPDB with draft operating procedures dealing with all operation interfaces between BPDB and the Company including, but not limited to:
(i) method of Day-to-Day communication;
(ii) key personnel list;
(iii) clearances and switching practices;
(iv) outage scheduling;
(v) capacity and energy reporting;
(vi) operating logremaining Dealers; and
(vii) reactive power support, which shall be consistent with this Agreement, the designs of the Facility (including the Metering System), the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”).
(b) Within ninety (90) Days after BPDB’s receipt of the draft Operating Procedures, BPDB shall notify the Company of any requested deletions, amendments or additionsother documents as may be required under applicable Securities Laws.
(c) The Company shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft to BPDB not later than forty-five (45) Days before the then prevailing Scheduled Commercial Operations Date.
(d) Disagreement between the Parties over the revised draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven (7) Days from the date the Company submits the draft Operating Procedure under subsection (c) above.
(i) If the Joint Coordinating Committee has not been formed on or before the date of such referral, the Dispute shall be referred to the Engineer.
(ii) If not resolved by the Joint Coordinating Committee within thirty (30) Days of such referral, the Dispute will be referred for resolution to the Engineer who shall be directed to render his decision by no later than thirty (30) Days prior to the then-prevailing Scheduled Commercial Operations Date.
(iii) If the Engineer has not rendered his decision by the time stipulated in Section 6.4(d)(ii) above, the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision of the Engineer, and such delay by the Engineer in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordingly.
(iv) The decision rendered by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Parties.
(e) Either Party may, from time to time, request revisions to the Operating Procedures subject to agreement from the other Party.
Appears in 1 contract
Sources: Dealer Agreement
Operating Procedures. (a) Not later than one hundred and eighty Within thirty (18030) Days before of the then prevailing Scheduled Commercial Operations Dateestablishment of the Operating Committee, the Company Parties shall provide BPDB with draft operating procedures dealing with cause the Operating Committee to meet and cause their respective designated members to work towards finalizing the Operating Procedures addressing all operation operational interfaces between BPDB the Purchaser and the Company including, but not limited toSeller. The Operating Procedures shall:
(i) method take proper account of Day-to-Day communication;the design of the Complex, the Metering Systems, and the Grid System; and
(ii) key personnel list;
(iii) clearances and switching practices;
(iv) outage scheduling;
(v) capacity and energy reporting;
(vi) operating log; and
(vii) reactive power support, which shall be consistent with this AgreementPrudent Electrical Practices, the designs of the Facility (including the Metering System)Prudent Utility Practices, and the Technical Limits and Prudent Utility Practices (together, the “Operating Procedures”)Limits.
(b) Within ninety (90) Days after BPDB’s receipt of The procedure for developing and finalizing the draft Operating Procedures, BPDB Procedures shall notify the Company of any requested deletions, amendments or additions.
(c) The Company shall make any deletions, amendments or additions that BPDB reasonably requests unless they would be inconsistent with this Agreement, the Technical Limits, the designs of the Facility (including the Metering System), or Prudent Utility Practices and provide such revised draft to BPDB not later than as follows: within forty-five (45) Days before following the then prevailing Scheduled Commercial Operations Date.
(d) Disagreement between establishment of the Parties over Operating Committee, the revised Seller shall deliver to the Purchaser in writing proposed draft Operating Procedures; the Purchaser shall provide comments in writing on the draft Operating Procedures shall be referred for resolution to the Joint Coordinating Committee within seven twenty-five (725) Days from following the date the Company submits draft Operating Procedures are delivered by the Seller to the Purchaser, and each Party shall make a representative available to meet within ten (10) Days following the end of such twenty-five (25) Day period to review each Party’s comments on the draft Operating Procedure under subsection (c) above.
(i) If Procedures and on the Joint Coordinating Committee has not been formed on or before proposed changes and any objections to the date proposed changes of such referral, a Party; as soon as is practicable after the Dispute shall be meeting referred to the Engineer.
(ii) If not resolved by the Joint Coordinating Committee in Section 2.5(b)(ii), but in any event within thirty (30) Days following the end of such referralmeeting, the Dispute will be referred for resolution Seller shall provide the Purchaser with proposed final draft Operating Procedures, incorporating to the Engineer who extent agreed each of the Parties’ proposed changes; the Purchaser shall provide final comments on the final draft Operating Procedures within fifteen (15) Business Days after its receipt by the Purchaser and, within five (5) Business Days after a request from the Seller, the Purchaser shall make its representatives available at Islamabad, Pakistan, to meet and review its comments and proposed changes with the Seller; and the Seller shall revise the draft Operating Procedures to incorporate such additions or modifications required by the Purchaser and shall provide a final draft to the Purchaser as soon as practicable, and in any event within ten (10) Days following receipt of the Purchaser’s comments and proposed changes to the draft Operating Procedures. Any Dispute between the Parties as to whether any matter should be included in or excluded from or modified in the way it is then treated in the draft Operating Procedures shall be directed determined in accordance with Section 18.2. The determination of the Expert shall be final and binding with respect to render his decision the resolution of such Dispute.
(c) Following the finalization of the Operating Procedures pursuant to Section 2.5(b), either Party may propose changes to the Operating Procedures from time to time as changes in events and circumstances may require. The Parties shall meet and discuss such proposed changes in good faith and incorporate such changes as are agreed by the Parties. Any Dispute between the Parties as to whether any matter should be included in or removed from or modified in the way it is then treated in the Operating Procedures shall be determined in accordance with Section 18.2. The determination of the Expert shall be final and binding with respect to the resolution of such Dispute.
(d) The Seller and the Purchaser shall mutually develop an inter-tripping schedule no later than thirty sixty (3060) Days prior to the thenrequired implementation of such schedule. Such inter-prevailing Scheduled Commercial Operations Date.
(iii) If tripping schedule shall be based on a proposed schedule submitted to the Engineer has not rendered his decision Seller by the time stipulated in Section 6.4(d)(iiPurchaser at least one hundred and twenty (120) above, Days prior to the Operating Procedures, as proposed by the Company shall be used for operating the Facility pending the decision date implementation of the Engineer, and such delay by the Engineer in rendering its decision shall not postpone the Commercial Operations Date. Upon the decision being rendered by the Engineer, the Operating Procedures for the Facility shall be modified accordingly.
(iv) The decision rendered by the Engineer pursuant to this Section 6.4(d) shall be final and binding upon both Partiesschedule is required.
(e) Either Party may, from time to time, request revisions to The Purchaser may delegate its functions and responsibilities under this Section 2.5 for developing and finalizing the Operating Procedures subject to agreement from the other PartyGrid System Operator.
Appears in 1 contract
Sources: Energy Purchase Agreement