Contract Quantity. The “Contract Quantity” will be one hundred percent (100%) of the Capacity, output of Energy (including stored Energy), and associated RECs produced by the Facility, less that associated with Station Power. 4.3.1. Seller shall sell and deliver the Contract Quantity of the Product exclusively and solely to Buyer. Seller’s failure to generate, sell, and deliver the Contract Quantity of the Product to Buyer will be excused with no damages payable to Buyer solely to the extent such failure is due to a Permitted Excuse to Perform. 4.3.2. Except as set forth in Section 8.9.1, Buyer shall have no obligation to receive, purchase, pay for, or pay any damages associated with not receiving the Product due to a Permitted Excuse to Perform. Buyer shall have full and exclusive rights to the Product (inclusive of all components), and will be entitled to full and exclusive use of the Product (inclusive of all components) for its purposes and in its sole and exclusive discretion. 4.3.3. The estimated monthly and annual Energy production of the Facility during the Delivery Period is set forth in Exhibit 1 hereto.
Appears in 3 contracts
Sources: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
Contract Quantity. The “Contract Quantity” will be one hundred percent (100%) of the Capacity, output of Energy (including stored Energy), and associated RECs produced by the Facility, less that associated with Station Power.
4.3.14.3.1.4.2.1. Seller shall sell and deliver the Contract Quantity of the Product exclusively and solely to Buyer. Seller’s failure to generate, sell, and deliver the Contract Quantity of the Product to Buyer will be excused with no damages payable to Buyer solely to the extent such failure is due to a Permitted Excuse to Perform.
4.3.24.3.2.4.2.2. Except as set forth in Section 8.9.18.9.16, Buyer shall have no obligation to receive, purchase, pay for, or pay any damages associated with not receiving the Product due to a Permitted Excuse to Perform. Buyer shall have full and exclusive rights to the Product (inclusive of all components), and will be entitled to full and exclusive use of the Product (inclusive of all components) for its purposes and in its sole and exclusive discretion.
4.3.34.3.3.4.2.3. The estimated monthly and annual Energy production of the Facility during the Delivery Period is set forth in Exhibit 1 hereto.
Appears in 2 contracts
Sources: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
Contract Quantity. The “Contract Quantity” will be one hundred percent (100%) of the Capacity, output of Energy (including stored Energy), and associated RECs produced by the Facility, less that associated with Station Power.
4.3.14.2.1. Seller shall sell and deliver the Contract Quantity of the Product exclusively and solely to Buyer. Seller’s failure to generate, sell, and deliver the Contract Quantity of the Product to Buyer will be excused with no damages payable to Buyer solely to the extent such failure is due to a Permitted Excuse to Perform.
4.3.24.2.2. Except as set forth in Section 8.9.18.6, Buyer shall have no obligation to receive, purchase, pay for, or pay any damages associated with not receiving the Product due to a Permitted Excuse to Perform. Buyer shall have full and exclusive rights to the Product (inclusive of all components), and will be entitled to full and exclusive use of the Product (inclusive of all components) for its purposes and in its sole and exclusive discretion.
4.3.34.2.3. The estimated monthly and annual Energy production of the Facility during the Delivery Period is set forth in Exhibit 1 hereto.
Appears in 1 contract
Sources: Power Purchase Agreement
Contract Quantity. The “Contract Quantity” will be one hundred percent (100%) of the Capacity, output of Energy (including stored Energy), and associated RECs produced by the Facility, less that associated with Station Power.
4.3.14.2.1. Seller shall sell and deliver the Contract Quantity of the Product exclusively and solely to Buyer. Seller’s failure to generate, sell, and deliver the Contract Quantity of the Product to Buyer will be excused with no damages payable to Buyer solely to the extent such failure is due to a Permitted Excuse to Perform.
4.3.24.2.2. Except as set forth in Section 8.9.1, Buyer shall have no obligation to receive, purchase, pay for, or pay any damages associated with not receiving the Product due to a Permitted Excuse to Perform. Buyer shall have full and exclusive rights to the Product (inclusive of all components), and will be entitled to full and exclusive use of the Product (inclusive of all components) for its purposes and in its sole and exclusive discretion.
4.3.34.2.3. The estimated monthly and annual Energy production of the Facility during the Delivery Period is set forth in Exhibit 1 hereto.
Appears in 1 contract
Sources: Power Purchase Agreement
Contract Quantity. The “Contract Quantity” will be one hundred percent (100%) of the Capacity, output of Energy (including stored Energy), and associated RECs produced by the Facility, less that associated with Station Power.
4.3.14.3.1.4.2.1. Seller shall sell and deliver the Contract Quantity of the Product exclusively and solely to Buyer. Seller’s failure to generate, sell, and deliver the Contract Quantity of the Product to Buyer will be excused with no damages payable to Buyer solely to the extent such failure is due to a Permitted Excuse to Perform.
4.3.24.3.2.4.2.2. Except as set forth in Section 8.9.1, Buyer shall have no obligation to receive, purchase, pay for, or pay any damages associated with not receiving the Product due to a Permitted Excuse to Perform. Buyer shall have full and exclusive rights to the Product (inclusive of all components), and will be entitled to full and exclusive use of the Product (inclusive of all components) for its purposes and in its sole and exclusive discretion.
4.3.34.3.3.4.2.3. The estimated monthly and annual Energy production of the Facility during the Delivery Period is set forth in Exhibit 1 hereto.
Appears in 1 contract
Sources: Power Purchase Agreement