Common use of Reliability of Service Clause in Contracts

Reliability of Service. Seller acknowledges, understands and accepts that the Interconnection Facilities presented under the Scope of Work herein will not provide the same high level of service that would have been provided by installation of the facilities described in the Generation Interconnection Report, Exhibit C, attached hereto and incorporated herein by reference. Seller understands and accepts full responsibility for (a) the increased risk of outages as a result of a reduced Scope of Work, and (b) all risks associated with forced generator outages (full load rejection) caused by planned and unplanned interruptions to Seller's interconnection. Sierra will use best efforts to provide reasonable notice to Seller of planned interruptions that would affect Seller's Project. Seller agrees to hold Sierra harmless for any damages to Seller's plant facilities resulting from the reduced Scope of Work. Seller further acknowledges, understands and accepts that Seller's facilities will be placed at additional risk if Seller elects not to fund the addition of the 1003 breaker and complete the ring bus in the Steamboat Substation at the point when Sierra installs the 161 breaker. Installation of the 161 breaker may occur when the second Steamboat 120/24.9 KV transformer is added or when other substation modifications occur. Sierra shall notify Seller in writing as soon as reasonably practicable when Sierra intends to install the 161 breaker. Seller agrees to hold Sierra harmless for any damages to Seller's plant facilities resulting from Seller's decision to not fund the addition of the 1003 breaker. Seller further acknowledges, understands and accepts that any future plant additions or expansions, beyond the current Power Purchase Agreements, will require Seller to add the 1003 breaker, two 120 KV switches and complete the ring bus in the Steamboat Substation. This will be a requirement whether or not Sierra has added the 161 breaker in Steamboat Substation, as shown in Exhibit A.