4. power purchase agreement(ppa) - BPDB

Power Purchase Agreement-Fenchuganj
8.3 Forced Outages and Maintenance Outages
(a)
In the event that the sum of:
(i)
(ii)
(iii)
the Equivalent Forced Outages Energy for the Facility (“a”); plus
the Maintenance Outages Energy (“b”); plus
the Scheduled Outages Energy (“c”),
shall exceed Ω MWh in any Contract Year and during simple cycle operation, where Ω
MWh equals the Average Dependable Capacity for that Contract Year multiplied by:
(1) One thousand three hundred and seventy six (1376) hours in the
third Contract Year (the “Major Maintenance Year”) and every
third Contract Year after the Major Maintenance Year; provided,
that the Company may at its sole discretion elect that the Major
Maintenance Year shall occur in the Contract Year immediately
preceding or immediately following any such Contract Year
(instead of such Contract Year) and each subsequent Major
Maintenance Year shall be adjusted accordingly; and
(2) Eight hundred and seventy six (876) hours in all Contract Years
including simple cycle operation period other than those Contract
Years referred to in sub paragraphs (a)(1) above,
then, the Company shall owe BPDB, as liquidated damages, the Capacity Factor
Amount multiplied by ((a + b + c) - Ω) for that Contract Year.
(b)
(c)
(d)
In computing liquidated damages payable by the Company for the first Contract Year and
during simple cycle operation, the sum of (a + b + c) in this Section 8.3 shall be adjusted
by multiplying (a + b + c) by 0.75. There shall be no adjustment in any subsequent
Contract Year.
The Capacity Factor Amount in any Contract Year “n” shall be equal to the product of (i)
Average Capacity Price n (as defined in Section 8.3(d) below) and (ii) 1.522.
In respect of this Section 8.3, the Average Capacity Price n in Taka per kW – Month for
Contract Year, n, shall be calculated as follows to determine any liquidated damages
payable under this Section:
Average Capacity Price n = ∑(((RNECP n + RECP(US) n x FIIF qm ) x
m = 1 to 12
where,
CE invoicem ) + (RECP(Tk) mn x LIIF qm ))/12
RNECP n , RECP(US) n , RECP(Tk) n , FIIF qm , LIIF qm and CE invoicem shall have the meanings
set out in Section 13.
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