Common use of Specification of Contract Capacity Clause in Contracts

Specification of Contract Capacity. (a) The Parties agree that the Contract Capacity is [●] MW (net, at Reference Hydrological Conditions). (b) At any time (and from time to time) after the Effective Date but prior to the occurrence of the Commercial Operations Date, the Seller may elect by notice to the Purchaser to reduce the Contract Capacity by an amount not to exceed in aggregate ten percent (10%) of the Contract Capacity specified in Section 2.9(a). In each such case, the Contract Capacity shall be reduced as specified by the Seller upon the payment of liquidated damages specified below and the following provisions shall apply: (i) the Seller shall pay to the Purchaser in immediately available funds within five (5) Business Days after the notice to reduce the Contract Capacity, as liquidated damages for such reduction and not as a penalty, an amount determined in accordance with the following schedule: (A) if the reduction in the Contract Capacity requested by the Seller is greater than zero percent (0%) and less than or equal to two percent (2%) of the specified Contract Capacity, the amount payable shall be equal to four hundred thousand Dollars ($400,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; (B) if the reduction in the Contract Capacity requested by the Seller is greater than two percent (2%) and less than or equal to five percent (5%) of the specified Contract Capacity, the amount payable shall be equal to five hundred Dollars ($500,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; and (C) if the reduction in the Contract Capacity requested by the Seller is greater than five percent (5%) and less than or equal to ten percent (10%) of the specified Contract Capacity, the amount payable shall be equal to six hundred and twenty-five thousand Dollars ($625,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; (ii) from the date of payment of the amount of liquidated damages determined pursuant to Section 2.9(b)(i), the Contract Capacity shall be reduced by the amount stated in such notice to the Purchaser; (iii) the Seller may deliver additional notices of reduction of the Contract Capacity, provided that the aggregate reduction in Contract Capacity does not exceed ten percent (10%) of the Contract Capacity specified in Section 2.9(a)and provided that the amount of any liquidated damages payable pursuant to Section 2.9(b)(i) for such further reduction shall be without double-counting of, and shall exclude, any amounts already paid under Section 2.9(b)(i) for previous reductions of the Contract Capacity; (c) any liquidated damages payable under Section 2.9(b) shall be in addition to any other liquidated damages that have become or thereafter become payable under Section 9.6. (d) In the event the Contract Capacity is reduced under Section 2.9(b) above, the Benchmark Energy Table and the Complex Hill Chart at Schedule 5C shall be revised to account for the reduction in the Power Curve Energy, the Annual Benchmark Energy and the Monthly Benchmark Energy corresponding to the revised Contract Capacity. The provisions of Section 2.10 shall, mutatis mutandis, apply to the revision of the Benchmark Energy Table and the Complex Hill Chart at Schedule 5C and the revision shall be initiated by the Seller within fifteen (15) Days of the notification of the reduction in the Contract Capacity. The aforesaid revisions shall be submitted to NEPRA for its approval and shall, subject to NEPRA’s approval, take effect when incorporated by an amendment in writing signed by the Parties to this Agreement.

Specification of Contract Capacity. (a) The Parties agree that the Contract Capacity is [●[ ] MW (net, at Reference Hydrological Conditions). (b) At any time (and from time to time) after the Effective Date but prior to the occurrence of the Commercial Operations Date, the Seller Company may elect by notice to the Power Purchaser to reduce the Contract Capacity by an amount not to exceed in aggregate ten percent (10%) of the Contract Capacity specified in Section 2.9(a). In each such case, the Contract Capacity shall be reduced as specified by the Seller Company upon the payment of liquidated damages specified below and the following provisions shall apply: (i) the Seller Company shall pay to the Power Purchaser in immediately available funds within five (5) Business Days after the notice to reduce the Contract Capacity, as liquidated damages for such reduction and not as a penalty, an amount determined in accordance with the following schedule: (A) if the reduction in the Contract Capacity requested by the Seller Company is greater than zero percent (0%) and less than or equal to two percent (2%) of the specified Contract Capacity, the amount payable shall be equal to four hundred thousand Dollars ($400,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; (B) if the reduction in the Contract Capacity requested by the Seller Company is greater than two percent (2%) and less than or equal to five percent (5%) of the specified Contract Capacity, the amount payable shall be equal to five hundred Dollars ($500,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; and (C) if the reduction in the Contract Capacity requested by the Seller Company is greater than five percent (5%) and less than or equal to ten percent (10%) of the specified Contract Capacity, the amount payable shall be equal to six hundred and twenty-five thousand Dollars ($625,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; (ii) from the date of payment of the amount of liquidated damages determined pursuant to Section 2.9(b)(i), the Contract Capacity shall be reduced by the amount stated in such notice to the Power Purchaser; (iii) if the Seller Company has demonstrated a Tested Capacity through Commissioning Tests equal to or greater than the Contract Capacity, as it may have been subsequently reduced pursuant to this Section 2.9(b), upon the payment of the required amount of liquidated damages and the reduction of the Contract Capacity, the Company shall be entitled to declare the Commercial Operations Date, subject to the delivery by the Engineer of the Capacity Test Certificate, and the Commercial Operations Date shall occur on the Day following the later of the date of such declaration by the Company or the date of delivery of the Capacity Test Certificate by the Engineer; and (iv) the Company may deliver additional notices of reduction of the Contract Capacity, provided that the aggregate reduction in Contract Capacity does not exceed ten percent (10%) of the Contract Capacity specified in Section 2.9(a)and provided that the amount of any liquidated damages payable pursuant to Section 2.9(b)(i) for such further reduction shall be without double-counting of, and shall exclude, any amounts already paid under Section 2.9(b)(i) for previous reductions of the Contract Capacity;2.9(a); and (c) any liquidated damages payable under Section 2.9(b) shall be in addition to any other liquidated damages that have become or thereafter become payable under Section 9.6. (d) In the event the Contract Capacity is reduced under Section 2.9(b) above, the Benchmark Energy Table and the Complex Hill Chart at Schedule 5C shall be revised to account for the reduction in the Power Curve Energy, the Annual Benchmark Energy and the Monthly Benchmark Energy corresponding to the revised Contract Capacity. The provisions of Section 2.10 shall, mutatis mutandis, apply to the revision of the Benchmark Energy Table and the Complex Hill Chart at Schedule 5C and the revision shall be initiated by the Seller within fifteen (15) Days of the notification of the reduction in the Contract Capacity. The aforesaid revisions shall be submitted to NEPRA for its approval and shall, subject to NEPRA’s approval, take effect when incorporated by an amendment in writing signed by the Parties to this Agreement.

Specification of Contract Capacity. (a) The Parties agree that the Contract Capacity is [●[ ] MW (net, at Reference Hydrological Conditions) and that such Contract Capacity may be revised upward to the initial Tested Capacity as established pursuant to Section 8.3 (b). (b) At any time (and from time to time) after the Effective Date but prior to the occurrence of the Commercial Operations Date, the Seller Company may elect by notice to the Power Purchaser to reduce the Contract Capacity by an amount not to exceed in aggregate ten percent (10%) of the Contract Capacity specified in Section 2.9(a). In each such case, the Contract Capacity shall be reduced as specified by the Seller Company upon the payment of liquidated damages specified below and the following provisions shall apply: (i) the Seller Company shall pay to the Power Purchaser in immediately available funds within five (5) Business Days after the notice to reduce the Contract Capacity, as liquidated damages for such reduction and not as a penalty, an amount determined in accordance with the following schedule: (A) if the reduction in the Contract Capacity requested by the Seller Company is greater than zero percent (0%) and less than or equal to two percent (2%) of the specified Contract Capacity, the amount payable shall be equal to four one hundred and seventeen thousand Dollars ($400,000117,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; (B) if the reduction in the Contract Capacity requested by the Seller Company is greater than two percent (2%) and less than or equal to five percent (5%) of the specified Contract Capacity, the amount payable shall be equal to five two hundred and thirty- four thousand Dollars ($500,000234,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; and (C) if the reduction in the Contract Capacity requested by the Seller Company is greater than five percent (5%) and less than or equal to ten percent (10%) of the specified Contract Capacity, the amount payable shall be equal to six three hundred and twenty-five fifty thousand Dollars ($625,000350,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; (ii) from the date of payment of the amount of liquidated damages determined pursuant to Section 2.9(b)(i), the Contract Capacity shall be reduced by the amount stated in such notice to the Power Purchaser; (iii) if the Seller Company has demonstrated a Tested Capacity through Commissioning Tests equal to or greater than the Contract Capacity, as it may have been subsequently reduced pursuant to this Section 2.9(b), upon the payment of the required amount of liquidated damages and the reduction of the Contract Capacity, the Company shall be entitled to declare the Commercial Operations Date, subject to the delivery of the Engineer’s Capacity Test Certificate, and the Commercial Operations Date shall occur on the Day following the later of the date of such declaration by the Company or the date of delivery of the Capacity Test Certificate by the Engineer; and (iv) the Company may deliver additional notices of reduction of the Contract Capacity, provided that the aggregate reduction in Contract Capacity does not exceed ten percent (10%) of the Contract Capacity specified in Section 2.9(a)and provided that the amount of any liquidated damages payable pursuant to Section 2.9(b)(i) for such further reduction shall be without double-counting of, and shall exclude, any amounts already paid under Section 2.9(b)(i) for previous reductions of the Contract Capacity;2.9(a); and (c) any liquidated damages payable under Section 2.9(b2.9(c) shall be in addition to any other liquidated damages that have become or thereafter become payable under Section 9.69.4. (d) In the event the Contract Capacity is reduced under Section 2.9(b) above, the Benchmark Energy Table and the Complex Hill Chart at Schedule 5C shall be revised to account for the reduction in the Power Curve Energy, the Annual Benchmark Energy and the Monthly Benchmark Energy corresponding to the revised Contract Capacity. The provisions of Section 2.10 shall, mutatis mutandis, apply to the revision of the Benchmark Energy Table and the Complex Hill Chart at Schedule 5C and the revision shall be initiated by the Seller within fifteen (15) Days of the notification of the reduction in the Contract Capacity. The aforesaid revisions shall be submitted to NEPRA for its approval and shall, subject to NEPRA’s approval, take effect when incorporated by an amendment in writing signed by the Parties to this Agreement.

Specification of Contract Capacity. (a) (a) The Parties agree that the Contract Capacity is [●] MW ]MWP, being the nameplate capacity of all the WTGs (netin MW) and PV modules (in MWp) installed at the Site at Commercial Operations Date. In the event that PV Panels are added after Commercial Operations Date, at Reference Hydrological Conditions)the Seller’s cost, to address effect of yearly degradations, the same would not be added to calculate the Contract Capacity and necessary regulatory approvals (if applicable) shall be sought by the Seller. (b) At any time (and from time to time) after The Seller may vary the Effective Date but prior to the occurrence of installed capacity in MWp before the Commercial Operations Date, for which the Seller may elect necessary Consents need to be obtained, provided that the maximum power to be evacuated in MWac shall remain consistent with the grid study approved by notice to the Purchaser to reduce Purchaser; and provided further that, if the reduction in the Contract Capacity requested by an amount not the Seller is less than or equal to exceed in aggregate ten five percent (105%) of the specified Contract Capacity specified in Section 2.9(a). In each such caseCapacity, the Contract Capacity shall be reduced as specified by the Seller upon the payment of liquidated damages specified below and the following provisions shall apply: (i) the Seller shall pay to the Purchaser in immediately available funds within five (5) Business Days after the notice to reduce the Contract Capacity, as liquidated damages for such reduction and not as a penalty, an amount determined in accordance with the following schedule: (A) if the reduction in the Contract Capacity requested by the Seller is greater than zero percent (0%) and less than or equal to two percent (2%) of the specified Contract Capacity, the amount payable shall be equal to four hundred thousand Dollars ($400,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity;. (B) if the reduction in the Contract Capacity requested by the Seller is greater than two percent (2%) and less than or equal to five percent (5%) of the specified Contract Capacity, the amount payable shall be equal to five hundred Dollars ($500,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; and (C) if the reduction in the Contract Capacity requested by the Seller is greater than five percent (5%) and less than or equal to ten percent (10%) of the specified Contract Capacity, the amount payable shall be equal to six hundred and twenty-five thousand Dollars ($625,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; (iii) from the date of payment of the amount of liquidated damages determined pursuant to Section 2.9(b)(i2.9(b), the Contract Capacity shall be reduced by the amount stated in such notice to the Purchaser; (iiiii) the Seller may deliver additional notices of reduction of the Contract Capacity, provided that the aggregate reduction in Contract Capacity does not exceed ten five percent (105%) of the initial Contract Capacity specified in Section 2.9(a)and provided 2.9(a), and provided, further, that the amount of any liquidated damages payable pursuant to Section 2.9(b)(i2.9(b) for such further reduction shall be without double-counting of, and shall exclude, any amounts already paid under Section 2.9(b)(i2.9(b) for previous reductions of the Contract Capacity;. (c) any Any liquidated damages payable under Section 2.9(b) 2.9 shall be in addition to any other liquidated damages that have become or thereafter become payable under Section 9.69.3(b). (d) In the event the Contract Capacity is reduced under Section 2.9(b) above, the Benchmark Energy Table and the Complex Hill Chart at Schedule 5C shall be revised to account for the reduction in the Power Curve Energy, the Annual Benchmark Energy and the Monthly Benchmark Energy corresponding to the revised Contract Capacity. The provisions of Section 2.10 shall, mutatis mutandis, apply to the revision of the Benchmark Energy Table and the Complex Hill Chart at Schedule 5C and the revision shall be initiated by the Seller within fifteen (15) Days of the notification of the reduction in the Contract Capacity. The aforesaid revisions shall be submitted to NEPRA for its approval and shall, subject to NEPRA’s approval, take effect when incorporated by an amendment in writing signed by the Parties to this Agreement.

Specification of Contract Capacity. (a) The Parties agree that the Contract Capacity is [●] MW (net, at Reference Hydrological Conditions)49.5 ▇▇ ▇▇▇▇▇. (b) At any time (and from time to time) after the Effective Date but prior to the occurrence of the Commercial Operations Date, the Seller may elect by notice to the Purchaser to reduce the Contract Capacity by an amount not to exceed in aggregate ten percent (10%) of the Contract Capacity specified in Section 2.9(a). In each such case, the Contract Capacity shall be reduced as specified by the Seller upon the payment of liquidated damages specified below and the following provisions shall apply: (i) the Seller shall pay to the Purchaser in immediately available funds within five (5) Business Days after the notice to reduce the Contract CapacitySeller, as liquidated damages for such reduction and not as a penaltyprovided that, an amount determined in accordance with the following schedule: (A) if the reduction in the Contract Capacity requested by the Seller is greater than zero percent (0%) and less than or equal to two percent (2%) of the specified Contract Capacity, the amount payable shall be equal to four hundred thousand Dollars ($400,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; (B) if the reduction in the Contract Capacity requested by the Seller is greater than two percent (2%) and less than or equal to five percent (5%) of the specified Contract Capacity, the amount payable shall be equal to five hundred Dollars ($500,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; and (C) if the reduction in the Contract Capacity requested by the Seller is greater than five percent (5%) and less than or equal to ten percent (10%) of the specified Contract Capacity, the Seller shall pay to the Purchaser in immediately available funds within five (5) Business Days after the notice to reduce the Contract Capacity, as liquidated damages for such reduction (not for all reductions but only for reductions greater than five percent (5%)) and not as a penalty, an amount payable shall be equal to six three hundred and twenty-five fifty thousand Dollars ($625,000350,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction after five percent (5%) in the Contract Capacity;. (iic) from From the date of payment of the amount of liquidated damages determined pursuant to Section 2.9(b)(i2.9(b), the Contract Capacity shall be reduced by the amount stated in such notice to the Purchaser;. (iiid) the The Seller may deliver additional notices of reduction of the Contract Capacity, provided that the aggregate reduction in Contract Capacity does not exceed ten percent (10%) of the Contract Capacity specified in Section 2.9(a)and 2.9(a) and provided that the amount of any liquidated damages payable pursuant to Section 2.9(b)(i2.9(b) for such further reduction shall be without double-counting of, and shall exclude, any amounts already paid under Section 2.9(b)(i2.9(b) for previous reductions of the Contract Capacity;. (ce) any Any liquidated damages payable under Section 2.9(b) shall be in addition to any other liquidated damages that have become or thereafter become payable under Section 9.69.3. (df) In the event the Contract Capacity is reduced under Section 2.9(b) through (e) above, the Benchmark Energy Table and the Complex Hill Chart at Schedule 5C shall be revised to account for the reduction in the Complex Monthly Power Curve Energy, the Annual Benchmark Energy and the Monthly Benchmark Energy corresponding to the revised Contract Capacity. The provisions of Section 2.10 shall, mutatis mutandis, apply to the revision of the Benchmark Energy Table and the Complex Hill Chart at Schedule 5C and the revision shall be initiated by the Seller within fifteen (15) Days of the notification of the reduction in the Contract Capacity. The aforesaid revisions shall be submitted to NEPRA for its approval and shall, subject to NEPRA’s approval, take effect when incorporated by an amendment in writing signed by the Parties to this Agreement.

Specification of Contract Capacity. (a) The Parties agree that the Contract Capacity is [●•] MW (net, at Reference Hydrological Conditions)MWP. (b) At any time (and from time to time) after The Seller may where necessitated by unforeseen circumstances reduce the Effective Date but prior to the occurrence of installed capacity before the Commercial Operations Date, the Seller may elect Date by notice to the Purchaser to reduce the Contract Capacity by an amount not to exceed in aggregate a maximum margin of ten percent (10%) of the Contract Capacity specified in Section 2.9(a). In each such case, the Contract Capacity shall be reduced as specified by the Seller upon the payment of liquidated damages specified below and the following provisions shall apply: (i) the Seller shall pay to the Purchaser in immediately available funds within five (5) Business Days after the notice to reduce the Contract Capacity, as liquidated damages for such reduction and not as a penaltyprovided that, an amount determined in accordance with the following schedule: (A) if the reduction in the Contract Capacity requested by the Seller is greater than zero percent (0%) and less than or equal to two percent (2%) of the specified Contract Capacity, the amount payable shall be equal to four hundred thousand Dollars ($400,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; (B) if the reduction in the Contract Capacity requested by the Seller is greater than two percent (2%) and less than or equal to five percent (5%) of the specified Contract Capacity, the amount payable shall be equal to five hundred Dollars ($500,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; and (C) if the reduction in the Contract Capacity requested by the Seller is greater than five percent (5%) and less than or equal to ten percent (10%) of the specified Contract Capacity, the Seller shall pay to the Purchaser in immediately available funds within five (5) Business Days after the notice to reduce the Contract Capacity, as liquidated damages for such reduction (not for all reductions but only for reductions greater than five percent (5%)) and not as a penalty, an amount payable shall be equal to six three hundred and twenty-five fifty thousand Dollars ($625,000350,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction after five percent (5%) in the Contract Capacity;. (iic) from From the date of payment of the amount of liquidated damages determined pursuant to Section 2.9(b)(i2.9(b), the Contract Capacity shall be reduced by the amount stated in such notice to the Purchaser;. (iiid) the The Seller may deliver additional notices of reduction of the Contract Capacity; provided, provided that the aggregate reduction in Contract Capacity does not exceed ten percent (10%) of the Contract Capacity specified in Section 2.9(a)and provided 2.9(a); provided, further, that the amount of any liquidated damages payable pursuant to Section 2.9(b)(i2.9(b) for such further reduction shall be without double-counting of, and shall exclude, any amounts already paid under Section 2.9(b)(i2.9(b) for previous reductions of the Contract Capacity;. (ce) any Any liquidated damages payable under Section 2.9(b) shall be in addition to any other liquidated damages that have become or thereafter become payable under Section 9.69.3. (d) In the event the Contract Capacity is reduced under Section 2.9(b) above, the Benchmark Energy Table and the Complex Hill Chart at Schedule 5C shall be revised to account for the reduction in the Power Curve Energy, the Annual Benchmark Energy and the Monthly Benchmark Energy corresponding to the revised Contract Capacity. The provisions of Section 2.10 shall, mutatis mutandis, apply to the revision of the Benchmark Energy Table and the Complex Hill Chart at Schedule 5C and the revision shall be initiated by the Seller within fifteen (15) Days of the notification of the reduction in the Contract Capacity. The aforesaid revisions shall be submitted to NEPRA for its approval and shall, subject to NEPRA’s approval, take effect when incorporated by an amendment in writing signed by the Parties to this Agreement.

Specification of Contract Capacity. (a) The Parties agree that the Contract Capacity is [●.] ([.]) MW (net, net at Reference Hydrological Conditions), and that such Contract Capacity may be revised upward to the initial Tested Capacity as established pursuant to Section 8.3 (b). (b) At any time (and from time to time) after the Effective Date but prior to the occurrence of the Commercial Operations Date, the Seller Company may elect by notice to the Power Purchaser (which notice shall be binding on NTDC) to reduce the Contract Capacity by an amount not to exceed in aggregate ten percent (10%) of the Contract Capacity specified in Section 2.9(a). In each such case, the Contract Capacity shall be reduced as specified by the Seller Company upon the payment of liquidated damages specified below and the following provisions shall apply: (i) the Seller Company shall pay to the Power Purchaser in immediately available funds within five (5) Business Days after the notice to reduce the Contract Capacity, as liquidated damages for such reduction and not as a penalty, an amount determined in accordance with the following schedule: (A) if the reduction in the Contract Capacity requested by the Seller Company is greater than zero percent (0%) and less than or equal to two percent (2%) of the specified Contract Capacity, the amount payable shall be equal to four one hundred and seventeen thousand Dollars ($400,000117,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; (B) if the reduction in the Contract Capacity requested by the Seller Company is greater than two percent (2%) and less than or equal to five percent (5%) of the specified Contract Capacity, the amount payable shall be equal to five two hundred and thirty-four thousand Dollars ($500,000234,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; and (C) if the reduction in the Contract Capacity requested by the Seller Company is greater than five percent (5%) and less than or equal to ten percent (10%) of the specified Contract Capacity, the amount payable shall be equal to six three hundred and twenty-five fifty thousand Dollars ($625,000350,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; (ii) from the date of payment of the amount of liquidated damages determined pursuant to Section 2.9(b)(i), the Contract Capacity shall be reduced by the amount stated in such notice to the Purchaser;by (iii) if the Seller Company has demonstrated a Tested Capacity through Commissioning Tests equal to or greater than the Contract Capacity, as it may have been subsequently reduced pursuant to this Section 2.9(b), upon the payment of the required amount of liquidated damages and the reduction of the Contract Capacity, the Company shall be entitled to declare the Commercial Operations Date, subject to the delivery of the Engineer’s Capacity Test Certificate, and the Commercial Operations Date shall occur on the Day following the later of the date of such declaration by the Company or the date of delivery of the Capacity Test Certificate by the Engineer; and (iv) the Company may deliver additional notices of reduction of the Contract CapacityCapacity (which shall also be binding on NTDC and the Power Purchaser), provided that the aggregate reduction in Contract Capacity does not exceed ten percent (10%) of the Contract Capacity specified in Section 2.9(a)and provided that the amount of any liquidated damages payable pursuant to Section 2.9(b)(i) for such further reduction shall be without double-counting of, and shall exclude, any amounts already paid under Section 2.9(b)(i) for previous reductions of the Contract Capacity;2.9(a). (c) any Any liquidated damages payable under Section 2.9(b) shall be in addition to any other liquidated damages that have become or thereafter become payable under Section 9.6. (d) In the event the Contract Capacity is reduced under Section 2.9(b) above, the Benchmark Energy Table and the Complex Hill Chart at Schedule 5C shall be revised to account for the reduction in the Power Curve Energy, the Annual Benchmark Energy and the Monthly Benchmark Energy corresponding to the revised Contract Capacity. The provisions of Section 2.10 shall, mutatis mutandis, apply to the revision of the Benchmark Energy Table and the Complex Hill Chart at Schedule 5C and the revision shall be initiated by the Seller within fifteen (15) Days of the notification of the reduction in the Contract Capacity. The aforesaid revisions shall be submitted to NEPRA for its approval and shall, subject to NEPRA’s approval, take effect when incorporated by an amendment in writing signed by the Parties to this Agreement.

Specification of Contract Capacity. (a) The Parties agree that the Contract Capacity is [●] MW (net, at Reference Hydrological Conditions)49.5▇▇ ▇▇▇▇▇. (b) At any time (and from time to time) after The Seller may where necessitated by unforeseen circumstances reduce the Effective Date but prior to the occurrence of installed capacity before the Commercial Operations Date, the Seller may elect Date by notice to the Purchaser to reduce the Contract Capacity by an amount not to exceed in aggregate a maximum margin of ten percent (10%) of the Contract Capacity specified Capacity,provided that, if the reduction in Section 2.9(a). In each such case, the Contract Capacity shall be reduced as specified requested by the Seller upon is greater than five percent (5%) and less than or equal to tenpercent (10%) of the payment of liquidated damages specified below and the following provisions shall apply: (i) Contract Capacity, the Seller shall pay to the Purchaser in immediately available funds within five (5) Business Days after the notice to reduce the Contract Capacity, as liquidated damages for such reduction (not for all reductions but only for reductions greater than five percent (5%)) and not as a penalty, an amount determined in accordance with the following schedule: (A) if the reduction in the Contract Capacity requested by the Seller is greater than zero percent (0%) and less than or equal to two percent (2%) of the specified Contract Capacity, the amount payable shall be equal to four three hundred and fifty thousand Dollars ($400,000350,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; (B) if the reduction in the Contract Capacity requested by the Seller is greater than two percent (2%) and less than or equal to after five percent (5%) of the specified Contract Capacity, the amount payable shall be equal to five hundred Dollars ($500,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; and. (Cc) if the reduction in the Contract Capacity requested by the Seller is greater than five percent (5%) and less than or equal to ten percent (10%) of the specified Contract Capacity, the amount payable shall be equal to six hundred and twenty-five thousand Dollars ($625,000) multiplied by the number of MW (prorated for any fraction thereof) of the reduction in the Contract Capacity; (ii) from From the date of payment of the amount of liquidated damages determined pursuant to Section 2.9(b)(i2.9(b), the Contract Capacity shall be reduced by the amount stated in such notice to the Purchaser;. (iiid) the The Seller may deliver additional notices of reduction of the Contract Capacity, provided that the aggregate reduction in Contract Capacity does not exceed ten twenty percent (1020%) of the Contract Capacity specified in Section 2.9(a)and 2.9(a) and provided that the amount of any liquidated damages payable pursuant to Section 2.9(b)(i2.9(b) for such further reduction shall be without double-double- counting of, and shall exclude, any amounts already paid under Section 2.9(b)(i2.9(b) for previous reductions of the Contract Capacity;. (ce) any Any liquidated damages payable under Section 2.9(b) shall be in addition to any other liquidated damages that have become or thereafter become payable under Section 9.69.3. (d) In the event the Contract Capacity is reduced under Section 2.9(b) above, the Benchmark Energy Table and the Complex Hill Chart at Schedule 5C shall be revised to account for the reduction in the Power Curve Energy, the Annual Benchmark Energy and the Monthly Benchmark Energy corresponding to the revised Contract Capacity. The provisions of Section 2.10 shall, mutatis mutandis, apply to the revision of the Benchmark Energy Table and the Complex Hill Chart at Schedule 5C and the revision shall be initiated by the Seller within fifteen (15) Days of the notification of the reduction in the Contract Capacity. The aforesaid revisions shall be submitted to NEPRA for its approval and shall, subject to NEPRA’s approval, take effect when incorporated by an amendment in writing signed by the Parties to this Agreement.