Replacement Power Clause Samples
The Replacement Power clause grants a party the right to procure alternative power if the original supplier fails to deliver as agreed. In practice, this means that if there is a shortfall or interruption in the contracted power supply, the affected party can source electricity from another provider, often at prevailing market rates, and may recover any additional costs incurred from the defaulting supplier. This clause ensures continuity of power supply and allocates the risk of non-performance, protecting the buyer from losses due to supplier default.
Replacement Power. Under Rate I-(A) The billing demand will be the customer’s highest 30-minute integrated demand in the billing period recorded on customer’s meter multiplied by the ratio of the customer’s contract demand for its Existing Allocation(s) of replacement power to the highest 30-minute integrated demand recorded on customer’s meter in the twelve months ending with the current billing period. (Such ratio shall not be deemed to exceed the ratio of (i) the contract demand for its Existing Allocation(s) of replacement power to (ii) the total contract demand for replacement and/or expansion power adjusted for losses as provided below.)
Replacement Power. All Replacement Power must be delivered in accordance with the following:
4.7.1.1 Buyer shall issue Dispatch instructions to schedule Replacement Power not in excess of the Net Dependable Capacity for delivery at each hour, and Seller shall, at its expense, deliver or cause to be delivered, all scheduled Replacement Power to the Replacement Power Delivery Point.
4.7.1.2 Buyer shall pay Capacity Charges for all such scheduled and delivered Replacement Power in accordance with Section 7.
Replacement Power. If the SEPA Contract is terminated or modified to reduce the amount of capacity and energy available to the Member, the Member irrevocably designates the Seller as its sole supplier, during the Supplement Term, of fifty percent (50%) of the capacity and energy previously supplied by SEPA. The Seller shall provide such capacity and energy in accordance with the terms of the LPM Contract.
Replacement Power. Each Participant will be solely responsible for its own replacement power requirements resulting from: (i) in the case of the Exiting Participants, the Exiting Participant’s exit from active involvement in the operation of SJGS; or (ii) in the case of all affected Participants, the retirement of ▇▇▇▇ ▇ ▇▇ ▇▇▇▇ ▇.
Replacement Power. The Partnership shall not elect to provide Replacement Power unless (i) it arranges for or enters into an Acceptable Replacement Power Arrangement, and (ii) the Partnership is physically constrained from generating and delivering power; provided that if as a result of providing Replacement Power during any period the Partnership has incurred cumulative losses during such period of at least $5,000,000 in excess of any losses the Partnership would have incurred during such period as a result of electing a derating of capacity of the Project under any Power Purchase Agreement during such period, the Partnership shall not thereafter continue to provide Replacement Power unless such provision of Replacement Power would not reasonably be expected to result in a Material Adverse Effect (as certified by the Partnership).
Replacement Power. When Seller is delivering Replacement Power to Purchaser, Seller shall be obligated to deliver the amount of capacity and energy and other services (with other services at no cost to Seller, except to the extent required to deliver Replacement Power to the Replacement Power Delivery Point) scheduled by Purchaser, up to the Contract Capacity, which, for the purposes of this Section 4.2 for the Months of June, July, August and September, shall be no less than the Contract Capacity at 95 degrees Fahrenheit and 60 percent relative humidity and for all other Months, no less than the Contract Capacity at 59 degrees Fahrenheit and 60 percent relative humidity. Seller shall make appropriate power purchase and transmission arrangements to provide capacity and energy to Purchaser which is of the same level of firmness (e. g. unit contingent with minimum availability of 96%) or higher level of firmness (e.g., system firm, firm with liquidated damages, or as firm as utility native load) as the Contract Capacity hereunder. Replacement Power procured by Purchaser with Seller compensating Purchaser may be of a lower level of firmness during a Diagnostic Period and Extended Outage Period.
Replacement Power. In order to maximize capacity utilization, the Buyer may, from time to time, reallocate other load nodes, their Contracted Capacities in accordance with the WESM, Scheduling and Dispatch Protocol; provided that, the Buyer shall still be solely and exclusively responsible for the settlement and payment of the Contracted Capacities. All charges against any party, related to the reallocation of the contracted capacities, such as but not limited to, Value Added Tax (VAT), Local Business Tax, WESM Charges, Line Rentals and such other incidental or regulatory charges or penalties as may be imposed shall be for the account of the Buyer. Should the Contracted Capacity delivered for the Seller by ULGPP be interrupted or curtailed to a level below its allocated strips of 40 MW for the period due to the fault or lack of generation capacity of the operator of the ULGPP, the contracted capacity of the Buyer shall be adjusted proportionately with the other customers of the Seller. The Total Customers' Contracted Capacity shall be the sum of the Contracted Capacity of the Seller's Customers under a valid and binding power supply contract with the Seller but not to exceed 40 MW. For this purpose, the Seller shall update the Buyer of its total Customers' Contracted Capacity. In case of reduced Generation Output of the ULGPP, the Buyer shall procure Replacement Power at its own costs. The Seller shall cooperate to arrange for Replacement Power from the WESM.
Replacement Power. The Issuer shall not elect to utilize ----------------- Replacement Power unless (i) it arranges for or enters into an Acceptable Replacement Power Arrangement,
Replacement Power. During any Scheduled or Unscheduled Outages, GNPOWER and DORELCO shall cooperate to arrange for Replacement Power from, including but not limited to, other facilities of GNPOWER, third parties and the WESM. GNPOWER, at its own cost and in consultation with DORELCO, shall negotiate on behalf of DORELCO for the supply and delivery of capacity and energy from third parties for a price as close as possible to the Contract Price.
Replacement Power. 16 4.3 Measurement and Quality of Electricity.........................17