TO BE INCORPORATED INTO THE
MANUFACTURING OF THE UNIT(S) BY SELLER.
IF NO STATE LAWS ARE SET FORTH IN
ATTACHMENT 1 AND AGREED TO BY SELLER, THE MANUFACTURING PROCESS SHALL NOT
INCORPORATE ANY CONSIDERATION OF STATE LAWS.
(III.)
"SUBCONTRACTOR(S)" SHALL MEAN ANY CORPORATION,
PARTNERSHIP, OR INDIVIDUAL HAVING A CONTRACT WITH THE SELLER TO SUPPLY LABOR OR
OTHER SERVICES TO BE PERFORMED AT THE SITE IN CONNECTION WITH THIS CONTRACT.
(JJJ.)
"SUPPLIER(S)" SHALL MEAN ANY CORPORATION,
PARTNERSHIP, OR INDIVIDUAL HAVING A CONTRACT WITH THE SELLER TO SUPPLY MATERIAL,
EQUIPMENT, LABOR, GOODS, OR SERVICES TO THE SELLER IN CONNECTION WITH ITS
OBLIGATIONS UNDER THIS CONTRACT, OTHER THAN LABOR OR OTHER SERVICES TO BE
PERFORMED AT THE SITE.
6
(KKK.)
"TERMINATION SCHEDULE" SHALL MEAN THE SCHEDULE OF
TERMINATION CHARGES DESCRIBED IN ATTACHMENT 12 OF THIS CONTRACT.
(LLL.)
"UNIT" SHALL MEAN A SINGLE GAS TURBINE AND ITS
ASSOCIATED GENERATOR, TOGETHER WITH THOSE ACCESSORIES ASSOCIATED ONLY WITH THAT
GAS TURBINE GENERATOR PACKAGE.
(MMM.)
"UNIT PRICE" SHALL HAVE THE MEANING ASCRIBED IN ARTICLE 3 OF
THIS CONTRACT.
(NNN.)
"UNIMPEDED ACCESS" SHALL MEAN THAT DURING ANY PERIOD IN
WHICH THE SELLER IS ENTITLED TO ACCESS TO ANY UNIT IN ACCORDANCE WITH THIS
CONTRACT, THE BUYER SHALL ENSURE THAT
(1) THE NECESSARY FUELS, LUBRICANTS,
OPERATING SUPPLIES AND THIRD PARTY INTERCONNECTIONS ARE CONTINUOUSLY AVAILABLE;
(2) THE BUYER'S TRAINED OPERATORS ARE AVAILABLE FOR OPERATION OF THE UNIT;
(3) THE BUYER WILL OPERATE PORTIONS OR ALL OF THE PLANT AT THE TIMES AND AT THE
LOADS REASONABLY REQUESTED BY THE SELLER; PROVIDED, HOWEVER, THAT BUYER'S
OPERATION OF A UNIT SHALL BE SUBJECT TO AND COORDINATED WITH THE REQUIREMENTS OF
SYSTEM DISPATCH AND COES; (4) THE SELLER WILL HAVE UNIMPAIRED ACCESS TO ALL
PLANT WORK AREAS, STATION CRANES AND SIMILAR EQUIPMENT; AND; (5) A COPY OF THE
CONTROL ROOM LOG IS AVAILABLE TO THE SELLER; PROVIDED, HOWEVER, THAT SELLER'S
ACCESS TO A UNIT AS PROVIDED IN THIS CONTRACT SHALL BE UPON FIVE (5) DAYS PRIOR
NOTICE TO BUYER AND SHALL BE SCHEDULED SO AS TO MINIMIZE INTERFERENCE WITH
BUYER'S OPERATION AND MAINTENANCE OF THE OTHER UNITS AND OTHER PLANT WORK AREAS.
(OOO.)
"WARRANTY PERIOD" SHALL HAVE THE MEANING ASCRIBED IN
ARTICLE 14.1 OF THIS CONTRACT.
(PPP.)
"WORK" SHALL MEAN THE PROCUREMENT, FABRICATION, AND SUPPLY
OF THE EQUIPMENT AND THE PERFORMANCE OF THE SERVICES, AND ANY CORRECTIVE ACTIONS
UNDERTAKEN PURSUANT TO THE WARRANTY IN ARTICLE 14.
1.2
Rules of Interpretation
The following to rules of interpretation shall apply in construction of this
Contract.
Unless otherwise required by the context in which any term appears:
(A.)
CAPITALIZED TERMS USED IN THIS CONTRACT HAVE
THE MEANINGS SPECIFIED IN THIS ARTICLE, OR AS OTHERWISE DEFINED IN THIS
CONTRACT;
(B.)
THE SINGULAR SHALL INCLUDE THE PLURAL;
(C.)
THE WORDS "HEREIN," "HEREOF" AND "HEREUNDER"
SHALL REFER TO THIS CONTRACT AS A WHOLE AND NOT TO ANY PARTICULAR ARTICLE OR
SUB-ARTICLE OF THIS CONTRACT;
(D.)
REFERENCES TO THIS CONTRACT SHALL INCLUDE A
REFERENCE TO ALL APPENDICES, ATTACHMENTS, ANNEXES, SCHEDULES AND EXHIBITS
HERETO, AS THE SAME MAY BE AMENDED,