. Seller shall take commercially reasonable efforts consistent with Prudent Utility Practice to minimize the occurrence and duration of Forced Outages. [proposer to insert performance standard for controllable cable and related payment adjustment formula] Upon the occurrence of a Forced Outage, Seller shall notify Buyer as soon as possible of such occurrence and the Projects’ capability, if any, to produce Products during such Forced Outage. Seller shall notify Buyer promptly upon the conclusion of the Forced Outage. Seller shall provide such notice pursuant to the terms of the Operating Instructions.
Effect of System Emergency on Outage Scheduling
. If Seller has scheduled a Planned Outage or a Maintenance Outage, and such outage occurs or would occur coincident with the System Emergency, Buyer shall notify Seller of the System Emergency. Buyer may request Seller to reschedule the outage or, if the outage has begun, to expedite the completion thereof, and Seller shall use commercially reasonable efforts to comply with such request and applicable NYISO Rules and Off-Island ISO Rules. Buyer has no obligation to pay Seller for any incremental cost or expense Seller may incur as a result of such rescheduling or expediting resulting from a System Emergency declared by NYISO or the Off-Island ISO.
Consistency with NYISO Rules and Off-Island ISO Rules
. The Parties shall comply with NYISO Rules and Off-Island ISO Rules and to the extent any such rules or Parties’ actions in compliance with such rules are inconsistent with the provisions of this Agreement, such actions or compliance by a Party shall not be deemed to be a breach of this Agreement an Event of Default.
Station Service Energy
. To the extent that Seller requires Station Service Energy, it shall be at Seller’s sole cost and expense. Seller shall have responsibility to obtain such Station Service Energy.
Dispatch
. Seller shall be responsible to make the Off-Island Generator available for Dispatch and to provide Buyer with Contract Energy. [PROPOSER TO INCLUDE ADDITIONAL DISPATCH PROVISIONS BASED ON THE TERMS OF THE PROPOSAL]
Buyer has the right, but not the obligation, to schedule Contract Energy in accordance with the Operating Limits specified in Appendix 10. Seller shall operate the Off-Island Generator in accordance with the most recent Dispatch schedule received from the Off-Island ISO. As soon as reasonably practicable, but no later than thirty (30) Days prior to the Off-Island Generator Commercial Operation Date, Seller and Buyer shall agree to performance curves detailing the MW and MVAR capability of the Off-Island Generator over a range of ambient conditions. Such performance curves shall be part of the Operating Limits. Within ten (10) Days of establishing a new Dedicated Capacity, Buyer and Seller shall agree to new performance curves reflecting the new Dedicated Capacity. In the absence of new performance curves, the old performance curves shall be used by Buyer as Operating Limits. Response to Forced Outages
. Seller shall give Buyer notice as soon as possible if Energy or Ancillary Services from the Off-Island Generator unexpectedly becomes unavailable to satisfy a Dispatch as a result of a Forced Outage of the Off-Island Generator. Buyer and Seller, through a previously designated individual (with authority and ability to respond to such event and whose name and contact information shall be incorporated into the Operating Instructions), shall be immediately available to each other for communications during a Forced Outage and shall respond with all necessary promptness in accordance with NYISO and Off-Island ISO procedures.
Scheduling of Contract Energy
. Beginning on the Effective Date and throughout the Base Term, and Extended Term, if applicable, Buyer shall have the right, but not the obligation, to provide a notice to Seller, consistent with the Operating Limits, scheduling Energy for delivery by Seller to the Off-Island Withdrawal Point in a quantity up to the Dedicated Capacity (such notice a “Contract Energy Dispatch Notice”). Subject to the terms and conditions of this Agreement, the Operating Instructions shall set forth the content and procedures for issuing such Contract Energy Dispatch Notices. Buyer (or if the Parties agree otherwise in the Operating Instructions, Seller) shall enter in the Off-Island ISO Market System an Internal Bilateral Transaction consistent with information contained in the Contract Energy Dispatch Notice. Seller (or if the Parties agree otherwise in the Operating Instructions, Buyer) shall respond to Contract Energy Dispatch Notices by reviewing the Internal Bilateral Transaction entered by the Buyer in the Off-Island ISO for conformance with this Agreement and shall either (i) complete scheduling of the Internal Bilateral Transaction by confirming Buyer’s Internal Bilateral Transaction in the Off-Island ISO Market System or (ii) advise Buyer of any nonconformance with this Article 8, the Contract Energy Dispatch Notice issued in accordance with this Article 8 and the Off-Island ISO Rules.
. Buyer is responsible for scheduling Contract Energy at and from the Off-Island Withdrawal Point.
Generation–Schedule Imbalance
. Seller will exercise commercially reasonable efforts to cause the Off-Island Generator to be operated within any applicable tolerance levels prescribed by the Off-Island ISO in order to avoid imposition of under-generation penalties by the Off-Island ISO. Seller shall be responsible for any imbalance charges between the Off-Island Generator and the schedule requirements.
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