Storage Power Capacity Guarantee Clause Samples

Storage Power Capacity Guarantee. If Seller fails to satisfy the Storage Power Capacity Guarantee in accordance with the requirements set forth in Exhibit T, then Seller shall be liable to PacifiCorp for the Storage Power Capacity Damages calculated and paid in accordance with Exhibit T. The invoice for such Storage Power Capacity Damages shall include a written statement explaining in reasonable detail the calculation of such Storage Power Capacity Damages in accordance with Exhibit T. Each Party acknowledges and agrees that: (a) the damages PacifiCorp would incur due to Seller’s failure to satisfy the Storage Power Capacity Guarantee is difficult or impossible to predict with certainty; (b) it is impractical and difficult to assess actual damages in these circumstances; and, therefore, (c) Storage Power Capacity Damages as agreed to by the Parties are a fair and reasonable calculation of damages and not a penalty. Except in the case of an Event of Default pursuant to Section 11.1.2(j), Storage Power Capacity Damages and any reduction in the payment to Seller pursuant to Section 5.1.2(c) (based on the Storage Power Capacity Rating being less than the Guaranteed Storage Power Capacity Rating), shall be PacifiCorp’s sole remedy for Seller’s failure to satisfy the Storage Power Capacity Guarantee in accordance with the requirements set forth in Exhibit T.