Common use of Scheduling and Dispatch Clause in Contracts

Scheduling and Dispatch. 5.1.1 The Seller shall arrange the delivery of the energy corresponding to the Contracted Capacity at the Delivery Point(s) and it shall be dispatched in accordance with the applicable laws inter alia the Indian Electricity Grid Code Regulations and Grid Code Regulations in the state of the Procurer and the Power Station/ Seller, as amended from time to time; 5.1.2 Seller shall apply for Open Access for the entire Contracted Capacity including line loss up to the Delivery Point i.e. metering point(s) of the Procurer at Discom interface, failing which the shortfall between applied quantum & Contracted Capacity will be considered for compensation by the Seller to the Procurer at the rate of Rs. 2.00 per kWh (unit) on account of the shortfall between applied quantum & Contract Capacity in addition to the shortfall occurred during scheduling. It is clarified that in case the agency/authority does not consider wheeling losses for Open Access application, the compensation for shortfall in supply, as provided in this Article 5.1, shall be calculated at STU Interface for the quantum applied; 5.1.3 The Procurer has to give consent for 100% of the Contracted Capacity including line loss, failing which, the Contracted Capacity will be revised as per the consent given by the Procurer; 5.1.4 In case Open Access approval quantum is less than the applied quantum due to any issue, except for the reason(s) directly attributable to the technical infrastructure at the Delivery Point (for which Procurer is solely responsible) as communicated in written by the Nodal Agency, entire shortfall between applied & approved quantum will be considered for compensation by the Seller to the Procurer at the rate of Rs. 2.00 per kWh (unit) on account of the shortfall between applied & approved quantum in addition to the shortfall occurred during scheduling. 5.1.5 In case open access approval quantum is less than the applied quantum due to the reason(s) directly attributable to the technical infrastructure at the Delivery Point as communicated in writing by the Nodal Agency, then: a) For the first three months after the receipt of such written communication, Seller shall make the complete efforts to attain the grant of Open Access for the shortfall between applied & approved quantum as mentioned above. In case, the Seller is not able to do so, then: i. the Procurer has the option for revising the Contracted Capacity to the extent of the quantum for which approval is accorded by the Nodal Agency. In such case, the revised Contracted Capacity shall be the Contracted Capacity for the purpose of this Agreement; or ii. the Procurer has the option for terminating this Agreement without any liability, whatsoever, on the Procurer. In such case, Seller shall not be liable to pay any compensation, as mentioned in Clause 10.3.5 of this Agreement.

Scheduling and Dispatch. 5.1.1 The Seller shall arrange the delivery of the energy corresponding to the Contracted Capacity at the Delivery Point(s) and it shall be dispatched in accordance with the applicable laws inter alia the Indian Electricity Grid Code Regulations and Grid Code Regulations in the state of the Procurer and the Power Station/ Seller, as amended from time to time; 5.1.2 Seller shall apply for Open Access for the entire Contracted Capacity including line loss up to upto the Delivery Point i.e. metering point(s) of the Procurer at Discom interface, failing which the shortfall between applied quantum & Contracted Capacity will be considered for compensation by the Seller to the Procurer at the rate of Rs. 2.00 per kWh (unit) on account of the shortfall between applied quantum & Contract Capacity in addition to the shortfall occurred during scheduling. It is clarified that in case the agency/authority does not consider wheeling losses for Open Access application, the compensation for shortfall in supply, as provided in this Article 5.1, shall be calculated at STU Interface for the quantum applied; 5.1.3 The Procurer has to give consent for 100% of the Contracted Capacity including line loss, failing which, the Contracted Capacity will be revised as per the consent given by the Procurer; 5.1.4 In case Open Access approval quantum is less than the applied quantum due to any issue, except for the reason(s) directly attributable to the technical infrastructure at the Delivery Point (for which Procurer is solely responsible) as communicated in written by the Nodal Agency, entire shortfall between applied & approved quantum will be considered for compensation by the Seller to the Procurer at the rate of Rs. 2.00 per kWh (unit) on account of the shortfall between applied & approved quantum in addition to the shortfall occurred during scheduling. 5.1.5 In case open access approval quantum is less than the applied quantum due to the reason(s) directly attributable to the technical infrastructure at the Delivery Point as communicated in writing by the Nodal Agency, then: a) For the first three months after the receipt of such written communication, Seller shall make the complete efforts to attain the grant of Open Access for the shortfall between applied & approved quantum as mentioned above. In case, the Seller is not able to do so, then: i. the Procurer has the option for revising the Contracted Capacity to the extent of the quantum for which approval is accorded by the Nodal Agency. In such case, the revised Contracted Capacity shall be the Contracted Capacity for the purpose of this Agreement; or ii. the Procurer has the option for terminating this Agreement without any liability, whatsoever, on the Procurer. In such case, Seller shall not be liable to pay any compensation, as mentioned in Clause 10.3.5 of this Agreement.