Common use of Annual Capacity Warranty Clause in Contracts

Annual Capacity Warranty. During the Warranty Period, Seller shall determine within ten (10) Business Days after the end of each calendar year, whether the Portfolio has delivered to the applicable Interconnection Points the Minimum kWh during such Capacity Warranty Period (“Annual Capacity Warranty”). If such calculation indicates that the Actual kWh delivered by the Portfolio was less than the Minimum kWh during such calendar year, then Seller shall so notify Buyer in writing of the basis of its determination and Buyer may make a claim under Section 5.7 based on the average tolling rate of the applicable Fleet during the Capacity Warranty Period in order to compensate for the Buyer’s loss of revenue resulting from the failure of the Portfolio to deliver the Minimum kWh. For the purposes of avoiding double counting of any kWh shortfalls in calculating Capacity Warranty payments, a claim made in respect of the Annual Capacity Warranty for a calendar year will be reduced by the total amount paid by the Seller in respect of claims under the Quarterly Capacity Warranty for the Calendar Quarters in that calendar year. If the Seller fails to perform any Capacity Warranty calculation within the periods required by this Section 5.2, the Buyer may perform its own calculations and may make a claim under Section 5.7. An example of an Annual Capacity Warranty calculation for purposes of a Section 5.7 claim is attached as Annex C.

Annual Capacity Warranty. During the Warranty Period, Seller shall determine within ten [***] (10[***]) Business Days after the end of each calendar year, whether the Portfolio has delivered to the applicable Interconnection Points the Minimum kWh during such Capacity Warranty Period (“Annual Capacity Warranty”). If such calculation indicates that the Actual kWh delivered by the Portfolio was less than the Minimum kWh during such calendar year, then Seller shall so notify Buyer in writing of the basis of its determination and Buyer may make a claim under Section 5.7 based on the average tolling rate of the applicable Fleet during the Capacity Warranty Period in order to compensate for the Buyer’s loss of revenue resulting from the failure of the Portfolio to deliver the Minimum kWh. For the purposes of avoiding double counting of any kWh shortfalls in calculating Capacity Warranty payments, a claim made in respect of the Annual Capacity Warranty for a calendar year will be reduced by the total amount paid by the Seller in respect of claims under the Quarterly Capacity Warranty for the Calendar Quarters in that calendar year. If the Seller fails to perform any Capacity Warranty calculation within the periods required by this Section 5.2, the Buyer may perform its own calculations and may make a claim under Section 5.7. An example of an Annual Capacity Warranty calculation for purposes of a Section 5.7 claim is attached as Annex C.

Annual Capacity Warranty. During the Warranty Period, Seller shall determine within ten (10) [***] Business Days after the end of each calendar year, whether the Portfolio has delivered to the applicable Interconnection Points the Minimum kWh during such Capacity Warranty Period (“Annual Capacity Warranty”). If such calculation indicates that the Actual kWh delivered by the Portfolio was less than the Minimum kWh during such calendar year, then Seller shall so notify Buyer in writing of the basis of its determination and Buyer may make a claim under Section 5.7 based on the average tolling rate of the applicable Fleet during the Capacity Warranty Period in order to compensate for the Buyer’s loss of revenue resulting from the failure of the Portfolio to deliver the Minimum kWh. For the purposes of avoiding double counting of any kWh shortfalls in calculating Capacity Warranty payments, a claim made in respect of the Annual Capacity Warranty for a calendar year will be reduced by the total amount paid by the Seller in respect of claims under the Quarterly Capacity Warranty for the Calendar Quarters in that calendar year. If the Seller fails to perform any Capacity Warranty calculation within the periods required by this Section 5.2, the Buyer may perform its own calculations and may make a claim under Section 5.7. An example of an Annual Capacity Warranty calculation for purposes of a Section 5.7 claim is attached as Annex C.

Annual Capacity Warranty. During the Warranty Period, Seller shall determine within ten (10) [***] Business Days after the end of each calendar year, whether the Portfolio has delivered to the applicable Interconnection Points the Minimum kWh during such Capacity Warranty Period (“Annual Capacity Warranty”). If such calculation indicates that the Actual kWh delivered by the Portfolio was less than the Minimum kWh during such calendar year, then Seller shall so notify Buyer in writing of the basis of its determination and Buyer may make a claim under Section 5.7 based on the average tolling rate of the applicable Fleet during the Capacity Warranty Period in order to compensate for the Buyer’s loss of revenue resulting from the failure of the Portfolio Bloom Systems to deliver achieve the Minimum kWh. For the purposes of avoiding double counting of any kWh shortfalls in calculating Capacity Warranty payments, a claim made in respect of the Annual Capacity Warranty for a calendar year will be reduced by the total amount paid by the Seller in respect of claims under the Quarterly Capacity Warranty for the Calendar Quarters in that calendar year. If the Seller fails to perform any Capacity Warranty calculation within the periods required by this Section 5.2, the Buyer may perform its own calculations and may make a claim under Section 5.7. An example of an Annual Capacity Warranty calculation for purposes of a Section 5.7 claim is attached as Annex C.

Annual Capacity Warranty. During the Warranty Period, Seller shall determine within ten (10) Business Days after the end of each calendar year, whether the Portfolio has delivered to the applicable Interconnection Points the Minimum kWh during such Capacity Warranty Period (“Annual Capacity Warranty”). If such calculation indicates that the Actual kWh delivered by the Portfolio was less than the Minimum kWh during such calendar year, then Seller shall so notify Buyer in writing of the basis of its determination and Buyer may make a claim under Section 5.7 based on the average tolling rate of the applicable Fleet during the Capacity Warranty Period in order to compensate for the Buyer’s loss of revenue resulting from the failure of the Portfolio Bloom Systems to deliver achieve the Minimum kWh. For the purposes of avoiding double counting of any kWh shortfalls in calculating Capacity Warranty payments, a claim made in respect of the Annual Capacity Warranty for a calendar year will be reduced by the total amount paid by the Seller in respect of claims under the Quarterly Capacity Warranty for the Calendar Quarters in that calendar year. If the Seller fails to perform any Capacity Warranty calculation within the periods required by this Section 5.2, the Buyer may perform its own calculations and may make a claim under Section 5.7. An example of an Annual Capacity Warranty calculation for purposes of a Section 5.7 claim is attached as Annex C.