Outage Costs Clause Samples

The Outage Costs clause defines the financial responsibilities and compensation related to service interruptions or downtime. Typically, it outlines how costs incurred due to outages—such as lost revenue, additional expenses, or penalties—are calculated and which party is liable for these costs. For example, if a service provider fails to maintain agreed uptime levels, they may be required to reimburse the client for losses or provide service credits. This clause ensures that both parties understand the consequences of service disruptions and allocates the risk of outages, promoting accountability and encouraging reliable service delivery.
Outage Costs. Seller shall return the Facility at the end of an outage to service with the same amount of Energy available for discharge as was stored immediately prior to the outage. Seller shall bear all costs for Energy required to charge and discharge the Facility for the purposes of the outage, including those costs needed to restore the Energy stored in the Facility to the same amount stored in the Facility prior to the start of the outage. For billing purposes, during full Facility outages, revenue meter readings shall be taken at the start of the outage and upon completion of the outage. FACILITY OPERATIONS, MAINTENANCE AND REPAIR
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Outage Costs. Seller shall return the Facility at the end of an outage to service with the same amount of Energy available for discharge as was stored immediately prior to the outage. Seller shall bear all costs for Energy required to charge and discharge the Facility for the purposes of the outage, including those costs needed to restore the Energy stored in the Facility to the same amount stored in the Facility prior to the start of the outage. For billing purposes, during full Facility outages, revenue meter readings shall be taken at the start of the outage and upon completion of the outage. FACILITY OPERATIONS, MAINTENANCE AND REPAIR Seller shall maintain a daily operations log for the Facility which shall record all pertinent data that will indicate whether the Facility is being operated in accordance with Good Engineering and Operating Practices. These data logs shall include, but not be limited to, information on charging and discharging, electric energy consumption and efficiency, the electrical characteristics of each Storage Unit (including settings or adjustments of such Storage Unit(s) control equipment/power conversion system and protective devices), availability (including availability to charge and discharge and its ability to store energy), maintenance and inspections performed and/or deferred (including applicable correspondence between Seller and its insurer(s) for the Facility equipment pertaining to Seller’s maintenance practices and Seller’s procedures and scheduling (including deferral) of maintenance at the Facility), testing, Outages, changes in operating status, unusual conditions experienced or observed, and any other significant events related to the operation of the Facility. Company shall have the right, upon reasonable notice and during regular Business Day hours to review and copy such data logs maintained pursuant to this Section 13.1 (Operations Logs); provided, that if such logs reveal any inconsistency with Company’s records, Company may request and review Seller’s supporting records, correspondence, memoranda and other documents or electronically recorded data associated with such logs related to the operation and maintenance of the Facility in order to resolve such inconsistency.
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Outage Costs. (a) Seller Outage. Seller shall bear the costs for all Energy that was lost from the Facility during a ▇▇▇▇ Outage, as defined in Attachment X (▇▇▇▇ Annual Equivalent Availability Factor), with such costs to be based on the Energy Cost Recovery Factor and as calculated below (the "Outage Energy Cost"): Outage Energy Cost = [Pre-Outage Discharge Energy (kWh) – Post-Outage Discharge Energy (kWh)] × [Energy Cost Recovery Factor (cents/kWh)] Where: Pre-Outage Discharge Energy = the total kWh of Energy stored at the Facility and available for discharge in accordance with Company Dispatch immediately prior to the beginning of the Outage Post-Outage Discharge Energy = the total kWh of Energy stored at the Facility and available for discharge in accordance with Company Dispatch immediately following the end of the Outage Energy Cost Recovery Factor is defined in the Schedule of Defined Terms.
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Outage Costs. Seller shall return the Facility at the end of an outage to service with the same amount of Energy available for discharge as was stored immediately prior to the outage. Seller shall bear all costs for Energy required to charge and discharge the Facility for the purposes of the outage, including those costs needed to restore the Energy stored in the Facility to the same amount stored in the Facility prior to the start of the outage. For billing purposes, during full Facility outages, revenue meter readings shall be taken at the start of the outage and upon completion of the outage. ARTICLE 13‌‌
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Outage Costs 
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Related to Outage Costs

  • Line Outage Costs Notwithstanding anything in the ISO OATT to the contrary, the Connecting Transmission Owner may propose to recover line outage costs associated with the installation of Connecting Transmission Owner’s Attachment Facilities or System Upgrade Facilities or System Deliverability Upgrades on a case-by-case basis.

  • Start-Up Costs The Government of Ontario will provide:

  • Direct Costs The Contractor shall separately identify each item of deleted and added work associated with the change or other condition giving rise to entitlement to an equitable adjustment, including increases or decreases to unchanged work impacted by the change. For each item of work so identified, the Contractor shall propose for itself and, if applicable, its first two tiers of subcontractors, the following direct costs: (1) Material cost broken down by trade, supplier, material description, quantity of material units, and unit cost (including all manufacturing burden associated with material fabrication and cost of delivery to site, unless separately itemized); (2) Labor cost broken down by trade, employer, occupation, quantity of labor hours, and burdened hourly labor rate, together with itemization of applied labor burdens (exclusive of employer’s overhead, profit, and any labor cost burdens carried in employer’s overhead rate); (3) Cost of equipment required to perform the work, identified with material to be placed or operation to be performed; (4) Cost of preparation and/or revision to shop drawings and other submittals with detail set forth in paragraphs (e)(1) and (e)(2) of this clause; (5) Delivery costs, if not included in material unit costs; (6) Time-related costs not separately identified as direct costs, and not included in the Contractor’s or subcontractors’ overhead rates, as specified in paragraph

  • Excess Costs Subject to the provisions of Section 4.1.3 below, if (a) the actual cost of any line item of the Work set forth in the Budget (including all fees and soft costs) exceeds the portion of the Contract Sum allocated for that line item in the Budget, or (b) additional unanticipated costs are identified after the date of this Agreement for which amounts were not allocated or reallocated in the Budget (collectively, the “Excess Costs”), Contractor shall be solely responsible at its sole cost and expense for, and shall pay, the amount of all such Excess Costs required to complete the Work (or the component thereof) and otherwise to fulfill all of its obligations under this Agreement without reimbursement for the Excess Costs by Owner. In addition, if Owner reasonably and in good faith anticipates that an Excess Cost will be incurred to achieve Completion of the Work, Owner may provide written notice thereof to Contractor (“Cost Overrun Notice”). Within twenty (20) business days after receipt of such Cost Overrun Notice, Contractor may dispute the contents of such Cost Overrun Notice by delivering written notice thereof to Owner (the “Cost Overrun Dispute Notice”) explaining in reasonable detail that Owner’s estimation of Excess Costs is incorrect. If Contractor fails to deliver a Cost Overrun Dispute Notice, Contractor shall be deemed to have waived its right to dispute the Excess Costs identified in such Cost Overrun Notice. If Contractor delivers a Cost Overrun Dispute Notice, Owner may (A) withdraw such Cost Overrun Notice, (B) modify such Cost Overrun Notice to conform to all or any corrections offered by Contractor, or (C) if Owner disagrees with the contents of the Cost Overrun Dispute Notice, engage the Civil Engineer to determine whether (and to what extent) any Excess Costs will be incurred. If the Civil Engineer concludes that an Excess Cost will be incurred and the amount of such Excess Cost exceeds the amount, if any, of the Excess Costs identified in the Cost Overrun Dispute Notice, Contractor shall be solely responsible for the fees payable to such Civil Engineer. If the Civil Engineer concludes that the amount of Excess Costs to be incurred is equal to or less than the Excess Costs identified in the Cost Overrun Dispute Notice, Owner shall be solely responsible for the fees payable to such Civil Engineer. Any funds deposited with Owner shall be disbursed by Owner to Contractor upon completion of the applicable component of the Work and the payment of such Excess Costs, if any.

  • Operating Costs Tenant shall pay to Landlord the Tenant’s Percentage of Operating Costs (as hereinafter defined) incurred by Landlord in any calendar year. Tenant shall remit to Landlord, on the first day of each calendar month, estimated payments on account of Operating Costs, such monthly amounts to be sufficient to provide Landlord, by the end of the calendar year, a sum equal to the Operating Costs, as reasonably estimated by Landlord from time to time. The initial monthly estimated payments shall be in an amount equal to 1/12th of the Initial Estimate of Tenant’s Percentage of Operating Costs for the Calendar Year. If, at the expiration of the year in respect of which monthly installments of Operating Costs shall have been made as aforesaid, the total of such monthly remittances is greater than the actual Operating Costs for such year, Landlord shall promptly pay to Tenant, or credit against the next accruing payments to be made by Tenant pursuant to this subsection 4.2.3, the difference; if the total of such remittances is less than the Operating Costs for such year, Tenant shall pay the difference to Landlord within twenty (20) days from the date Landlord shall furnish to Tenant an itemized statement of the Operating Costs, prepared, allocated and computed in accordance with generally accepted accounting principles. Any reimbursement for Operating Costs due and payable by Tenant with respect to periods of less than twelve (12) months shall be equitably prorated.