Common use of Responsibility of Party A Clause in Contracts

Responsibility of Party A. Party A shall ensure that the Power Plant generates the Annual Minimum On-Grid Quantity and shall purchase the Annual Minimum On-Grid Quantity in accordance with the principle of "Take or Pay", and shall pay electricity fees on time. Starting from the Commercial Operation Date, Party A shall in its own name arrange and obtain necessary and supplementary working capital for production according to needs and the accrued interest expenses therefrom shall be included in the Planned Generation Cost submitted to the Anhui Provincial Pricing Bureau for approval. Party A's obligation to make payment for the Annual Minimum On-Grid Quantity in accordance with the principle of "Take or Pay" shall not be affected by any circumstance, other than Force Majeure or the Party B's default stipulated in Section 12.02 hereof, including without limitation: (i) any delay in the construction or commissioning of the Power Plant or any Unit of the Power Plant including the Interconnection Facilities; (ii) any delay in the construction or commissioning of the Grid Extension; (iii) the inability of the Power Plant to deliver the Annual Minimum On-Grid Quantity for any reason including without limitation: (a) any failure or inability of Party A to obtain fuel, spare parts or replacement parts, services or other matters or things; (b) any act or default of any employee, agent or officer of Party A, (c) the inability of the Interconnection Facilities, the Grid Extension or the Power Grid to receive or transmit electricity; or (d) any outages at the Power Plant, whether scheduled or forced outages.

Appears in 2 contracts

Sources: Operation and Offtake Contract (Aes China Generating Co LTD), Operation and Offtake Contract (Aes China Generating Co LTD)