Common use of Minimum and Maximum Delivery Clause in Contracts

Minimum and Maximum Delivery. Seller shall deliver (or cause to be delivered) from the Facility a minimum of kWh of Net Output during each Contract Year, provided that such minimum for the first Contract Year shall be reduced pro rata to reflect the Commercial Operation Date, and further provided that such minimum delivered Net Output shall be reduced on a pro rata basis for any periods during a Contract Year that the Facility was prevented from generating or delivering electricity for reasons of Force Majeure (“Minimum Annual Delivery”). Seller estimates, for informational purposes, that it will deliver from the Facility a maximum of kWh of Net Output during each Contract Year (“Maximum Annual Delivery”). Seller’s basis for determining the Minimum and Maximum Annual Delivery amounts is set forth in Exhibit D.

Minimum and Maximum Delivery. Seller shall deliver (or cause to be delivered) from the Facility a minimum of kWh of Net Output during each Contract Year, provided that such minimum for the first Contract Year shall be reduced pro rata to reflect the Commercial Operation Date, and further provided that such minimum delivered Net Output shall be reduced on a pro rata basis for any periods during a Contract Year that the Facility was prevented from generating or delivering electricity for reasons of Force Majeure (“Minimum Annual Delivery”). Seller estimates, for informational purposes, that it will deliver from the Facility a maximum of kWh of Net Output during each Contract Year (“Maximum Annual Delivery”). Seller’s basis for determining the Minimum and Maximum Annual Delivery amounts is set forth in Exhibit D.D. SAMPLE