Common use of PENALTY FOR FAILURE TO PERFORM Clause in Contracts

PENALTY FOR FAILURE TO PERFORM. If the Customer/ARC does not reduce load in accordance with the Service Agreement, Midwest ISO may charge the Company a penalty for failure to perform. Such penalty will be imposed on the Customer/ARC. The Company shall take its fee for offers cleared as indicated in Attachment C and subtract the Midwest ISO penalty or fee from the net of that amount. If the Customer/ARC fails to comply with the provisions of the Curtailment Amount under this Rider, the Company and the Customer/ARC will discuss methods to comply during future events. If the Midwest ISO terminates the Customer’s/ARC’s participation, the Company shall immediately terminate the Customer’s/ARC's participation. If there are system reliability issues created by the Customer’s/ARC’s failure to perform the Company reserves the right to suspend participation of the Customer/ARC under this Rider for 90 days or to terminate the Customer/ARC’s participation. The Customer has the right to ask the Commission to review any decision made by the Company. In addition, in the event that a Customer or ARC has a debit on its bill or invoice due to failure to perform, if the Customer/ARC does not pay the undisputed portion of that debit by the due date indicated on the Customer’s bill or ARC’s invoice, the Customer/ARC shall be suspended from further participation until such time that the debit is paid.