Remedy for a Wrongful Charge Event Sample Clauses

Remedy for a Wrongful Charge Event. If Seller charges the Storage Facility at a MW rate greater than that required by the applicable Charging Notice and the Storage Operating Procedures (the amount of such excess Charging Energy, the “Excess Charging Energy”) and such action is not excused hereunder (a “Wrongful Charge Event”), then Seller will be liable to PacifiCorp for damages associated with the amount of Excess Charging Energy as a result of such Wrongful Charge Event equal to the sum of: (i) the product of the (A) the applicable hourly Firm Market Price Index at the time such Wrongful Charge Event occurred; provided, that such price will not be less than zero (0) or greater than the then applicable Hard Energy Bid Cap, as defined in Appendix A of California Independent System Operator’s FERC tariff, or its successor (the “CAISO Hard Energy Bid Cap”), and (B) the amount of such Excess Charging Energy, plus (ii) any costs or charges, including transmission costs or imbalance charges or penalties, incurred by PacifiCorp as a result of such Wrongful Charge Event, and PacifiCorp will be entitled to discharge such Excess Charging Energy and to all of the benefits (including Storage Product) associated with discharging such Excess Charging Energy.
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Related to Remedy for a Wrongful Charge Event

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • Available Relief for a Force Majeure Event 11.7.1 Subject to this Article 11: (a) no Party shall be in breach of its obligations pursuant to this Agreement except to the extent that the performance of its obligations was prevented, hindered or delayed due to a Force Majeure Event; (b) every Party shall be entitled to claim relief in relation to a Force Majeure Event in regard to its obligations, including but not limited to those specified under Article 4.5; (c) For avoidance of doubt, neither Party’s obligation to make payments of money due and payable prior to occurrence of Force Majeure events under this Agreement shall be suspended or excused due to the occurrence of a Force Majeure Event in respect of such Party. (d) Provided that no payments shall be made by either Party affected by a Force Majeure Event for the period of such event on account of its inability to perform its obligations due to such Force Majeure Event.