1998 AGN FEB 03 I02 - Laserfiche WebLink

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"Demand Charges" .,,-an the amount. if any. to be paid by Buyer to Seller for capacity as agreed to by the Parties in a Transaction. Enemy" means Merchantable Energy expressed in megawatt hours (MWh) or capacity to the extent designated in the Confirmation. "Energy Price" means the price in $U.S. (unless otherwise provided for) per MWh to be paid by Buyer to Seller for Energy in a Transaction (excluding Demand Charges and Transmission Charges, if any). "Equitable Defenses" means any bankruptcy, insolvency, reorganization and other laws affecting creditor's rights generally, and with regard to equitable remedies, the discretion of the court before which proceedings to obtain same may be pending. "Event of Default shall have the meaning defined in Section 4.1 "Firm" means, with respect to a Transaction, that the only excuse for the failure to deliver Energy by Seller or the failure to receive Energy by the Buyer pursuant to a Transaction is Force Majeure or the other Party's non-performance.' "Force Majeure" means (with respect to Firm Transactions) an event not anticipated as of the Effective Date, which is not within the reasonable control of the Party (or in the case of third party obligations or facilities, the third party) claiming suspension (the "Claiming Party"), and which by the exercise of due diligence the Claiming Party, or third party, is unable to overcome or obtain or cause to be obtained a commercially reasonable substitute therefor. Force Majeure may include, but is not restricted to: acts of God; fire; civil disturbance; labor dispute; labor or material shortage; sabotage; action or restraint by court order or public or governmental authority (so long as the Claiming Party has not applied for or assisted in the application for, and has opposed where and to the extent reasonable, such government action) provided, that neither (i) the loss of Buyer's`markets nor Buyer's inability economically to use or resell Energy purchased hereunder nor (ii) Seller's ability to sell Energy to a market at a more advantageous price, shall constitute an event of Force Majeure. "GAAP" means generally accepted accounting principles, consistently applied. "Gains" shall have the meaning defined in Section 4.2 b ii "Interest Rate" means, for any date, two percent over the per annum rate of interest equal to the prime lending rate as may from time to time be published in the Wall Street Journal under "Money Rates"; provided, the Interest Rate shall never exceed the maximum lawful rate permitted by applicable law. "Law" means any law, rule, regulation, order, writ, judgment, decree or other legal or regulatory determination by a court, regulatory agency or governmental authority of competent jurisdiction. "Legal Froeeedings11 means any suits, proceedings, judgments, rulings or orders by or before any court or any governmental authority. "Losses" shall have the meaning defined in Section 4.2(b)(iii). "Merchantable Energy" means electric energy of the character commonly known as three-phase, sixty - hertz electric energy that is delivered at the nominal voltage of the Delivery Point. "New Taxes" means (i) any Taxes enacted and effective after the Effective Date, including, without limitation, that portion of any Taxes or New Taxes that constitutes an increase, or (ii) any law, order, rule or regulation, or interpretation thereof, enacted and effective after. the Effective Date resulting in the application of any Taxes to a new or different class of parties. r