Common use of Delivery Requirement Clause in Contracts

Delivery Requirement. If Provider fails to deliver at least seventy-five percent (75%) of the Expected Production over a continuous twenty-four (24) month period that begins after the‌ second anniversary of the Commercial Operation Date, then within forty-five (45) days after the occurrence of such a 24-month period (a “Shortfall Period”), the Provider shall be obligated to pay liquidated damages to the Customer (“Shortfall Liquidated Damages”) in an amount equal to (Market Rate–– kWh Rate, each averaged over the Shortfall Period) multiplied by (Expected Production*75% – Actual Production over such Shortfall Period). Shortfall Periods may not overlap; if a Shortfall Period occurs, no subsequent Shortfall Period will begin earlier than the day after the prior Shortfall Period. In determining whether a Shortfall Period has occurred: (a) Expected Production for any period shall be adjusted to account for lower than average annual expected insolation during such period of calculation; (b) Expected Production for any period shall be adjusted to account for any Force Majeure event, system emergency, or transmission outage or curtailment of System production due to any requirements or action of a regional transmission organization or transmitting/interconnecting utility or conditions within Customer’s premises, including any actions taken under Section 6.08; (c) The aggregate amount of Shortfall Liquidated Damages payable by Provider under this Agreement shall not exceed $250,000; and (d) Each Party agrees that the damages that Customer would incur due to Provider’s failure to deliver at least seventy-five percent (75%) of the Expected Production in any Shortfall Period would be difficult or impossible to predict with certainty, and the Shortfall Liquidated Damages are an appropriate approximation of such damages and are the sole remedy available to Customer as the result of a breach of this Section 5.09.

Delivery Requirement. If the Provider fails to deliver at least seventy-five ninety percent (7590%) of the Expected Production over a continuous each discrete twenty-four (24) month period that begins during the Term, or in the case of the last period, a thirty-six (36) month period (each, a “Guarantee Period”), the first of which ends twenty-four (24) months after the‌ second anniversary the Commercial Operation Date, and the last of which commences one hundred forty-four (144) months after the Commercial Operation Date and ends one hundred eighty (180) months after the Commercial Operation Date, then within forty-forty five (45) days after the occurrence end of such a 24-month period (a “Shortfall Guarantee Period”), the Provider shall be obligated to pay liquidated damages to the Customer (“Shortfall Liquidated Damages”) in an amount equal to (Market Utility Rate – PPA Energy Rate–– kWh Rate, each averaged over the Shortfall Period) multiplied by (Expected Production*75Production*90% – Actual Production over for such Shortfall Guarantee Period). Shortfall Periods may not overlap; if a Shortfall Period occurs, no subsequent Shortfall Period will begin earlier than the day after the prior Shortfall Period. In determining whether liquidated damages are due during a Shortfall Period has occurred: (a) Guarantee Period:  Expected Production for any period Guarantee Period shall be adjusted ratably to account for lower than expected average annual expected insolation Insolation during such period of calculation; (b) Guarantee Period;  Expected Production for any period Guarantee Period shall be adjusted to account for any Force Majeure event, system emergency, or transmission outage or curtailment of System production due to any requirements or action of a regional transmission organization or transmitting/interconnecting utility utility, or conditions within Customer’s premises, including any actions taken outage due to activities under Section 5.09 or 6.08; (c) , provided that none of the foregoing have been caused by any negligence or willful misconduct of the Provider;  The aggregate amount of Shortfall Liquidated Damages payable by Provider under this Agreement shall not exceed $250,000one year expected PPA revenues; and (d) and  Each Party agrees that the damages that Customer would incur due to Provider’s failure to deliver at least seventy-five ninety percent (7590%) of the Expected Production in any Shortfall Guarantee Period would be difficult or impossible to predict with certainty, and the Shortfall Liquidated Damages are an appropriate approximation of such damages and are the sole remedy available to Customer as the result of a breach of this Section 5.09thereof.

Delivery Requirement. If Provider fails to deliver at least seventy-five percent (75%) of the Expected Production over a continuous twenty-four (24) month period that begins after the‌ the second anniversary of the Commercial Operation Date, then within forty-five (45) days after the occurrence of such a 24-month period (a “Shortfall Period”), the Provider shall be obligated to pay liquidated damages to the Customer (“Shortfall Liquidated Damages”) in an amount equal to (Market Rate–– kWh Rate, each averaged over the Shortfall Period) multiplied by (Expected Production*75% – Actual Production over such Shortfall Period). Shortfall Periods may not overlap; if a Shortfall Period occurs, no subsequent Shortfall Period will begin earlier than the day after the prior Shortfall Period. In determining whether a Shortfall Period has occurred:occurred:‌ (a) Expected Production for any period shall be adjusted to account for lower than average annual expected insolation during such period of calculation; (b) Expected Production for any period shall be adjusted to account for any Force Majeure event, system emergency, or transmission outage or curtailment of System production due to any requirements or action of a regional transmission organization or transmitting/interconnecting utility or conditions within Customer’s premises, including any actions taken under Section 6.08; (c) The aggregate amount of Shortfall Liquidated Damages payable by Provider under this Agreement shall not exceed $250,000; and (d) Each Party agrees that the damages that Customer would incur due to Provider’s failure to deliver at least seventy-five percent (75%) of the Expected Production in any Shortfall Period would be difficult or impossible to predict with certainty, and the Shortfall Liquidated Damages are an appropriate approximation of such damages and are the sole remedy available to Customer as the result of a breach of this Section 5.09.