Common use of GUARANTEED PERFORMANCE Clause in Contracts

GUARANTEED PERFORMANCE. On and after the Full Load Deployment Date and throughout the Term, Supplier shall deliver Product to Customer in the full amount of Customer’s requirements (the “Guaranteed Level”), subject to Excused Events and Otherwise Compensated Events. In the event Supplier is unable to meet the Guaranteed Level (the resulting curtailment, a “Non-economic Curtailment”), [***]. “Excused Events” are the following: Reliability and safety related reduction of supply directed by the RTO or TDU, as the case may be, and other planned or unplanned transmission outages mandated by RTO or TDU not related to a EEA System Emergency, Force Majeure, Non-Compensated Curtailment up to the Annual Non-Compensated Curtailment Cap, and Substation PM. No make-whole provisions of any kind shall be due and owing to Customer by Supplier in connection with an Excused Event. “Otherwise Compensated Events” are the following: EEA System Emergency Curtailment and Compensated Curtailment. On a bi-weekly basis, Supplier shall report to Customer the running total of Non-compensated Curtailment and the Compensated Curtailment for the calendar year; provided that, if the Non-compensated Curtailment cap has been reached prior to the end of any calendar year, Supplier shall promptly notify customer in writing that the Non-compensated Curtailment cap has been reached for such calendar year.