Common use of Shortfall in Generation Clause in Contracts

Shortfall in Generation. If for any Contract Year, it is found that the SPD has not been able to generate minimum energy corresponding to the value of annual CUF within the permissible lower limit of CUF declared by the SPD, on account of reasons primarily attributable to the SPD, such shortfall in performance shall make the SPD liable to pay the compensation. This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be equal to the compensation payable (including RECs) by the Railways towards non - meeting of RPOs, which shall ensure that the Railways is offset for all potential costs associated with low generation and supply of power under the PPA, subject to a minimum of 25% (twenty-five per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The reference to the compensation for shortfall and the amount being equal to the compensation payable by the Railways for not meeting RPO is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the Railways are required to pay compensation for such not meeting of RPO or that the Railways or the SPD shall be required to prove or establish such payment of compensation for not meeting the RPO. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by Railways. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and that the amount of the liquidated damages or the method of calculating the liquidated damages specified in this document is a genuine and reasonable pre- estimate of the damages that may be suffered by the Railways in each case specified under this Agreement. However, this compensation shall not be applicable in events of Force Majeure identified under the PPA, affecting supply of solar power by the SPD. 16.2.2 Any excess generation over and above the quantum specified under Article 16. 2.1.1, Nodal Railway shall have a right but not an obligation to procure such excess energy at 75% (seventy-five percent) of the Tariff. 16.2.3 Any energy produced and flowing into the CTU /STU before Scheduled Commissioning Date (COD) shall not be at the cost to Zonal Railway.

Shortfall in Generation. If for any Contract Year, it is found that the SPD has not been able to generate minimum energy corresponding to the value of annual CUF within the permissible lower limit of CUF declared by the SPD, on account of reasons primarily attributable to the SPD, such shortfall in performance shall make the SPD liable to pay the compensation. This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be equal to the compensation payable (including RECs) by the Railways towards non - meeting of RPOs, which shall ensure that the Railways is offset for all potential costs associated with low generation and supply of power under the PPA, subject to a minimum of 25% (twenty-five per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The reference to the compensation for shortfall and the amount being equal to the compensation payable by the Railways for not meeting RPO is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the Railways are required to pay compensation for such not meeting of RPO or that the Railways or the SPD shall be required to prove or establish such payment of compensation for not meeting the RPO. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by Railways. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and that the amount of the liquidated damages or the method of calculating the liquidated damages specified in this document is a genuine and reasonable pre- pre-estimate of the damages that may be suffered by the Railways in each case specified under this Agreement. However, this compensation shall not be applicable in events of Force Majeure identified under the PPA, affecting supply of solar power by the SPD. 16.2.2 Any excess generation over and above the quantum specified under Article 16. 2.1.1, Nodal Railway shall have a right but not an obligation to procure such excess energy at 75% (seventy-five percent) of the Tariff. 16.2.3 Any energy produced and flowing into If solar project of a land parcel within package or complete package is commissioned before SCD, Zonal Railway at its discretion may agree to purchase the CTU /STU before Scheduled Commissioning Date (COD) shall not be generation at the cost to Zonal RailwayPPA tariff.