Common use of Annual Equivalent Forced Outage Factor and Liquidated Damages Clause in Contracts

Annual Equivalent Forced Outage Factor and Liquidated Damages. For each Measurement Period following the Commercial Operations Date, the Facility shall maintain an Annual Equivalent Forced Outage Factor (“Annual EFOF”) of not more than 4% (the “EFOF Performance Metric”) as calculated as set forth in Attachment V (Annual Equivalent Forced Outage Factor). If the EFOF for such Measurement Period exceeds the EFOF Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for exceeding the EFOF Performance Metric, the amount set forth in the following table (on a progressive basis) upon proper demand by the Company at the end of the Measurement Period in question: Annual Equivalent Forced Outage Factor Liquidated Damage Amount 0.0% - 4.0% -0- 4.1% - 6.9% For each one-tenth of one percent (0.001) that the Annual EFOF is above 4.0% but less than 7.0%, an amount equal to two-tenths of one percent (0.002) of the Lump Sum Payment for the Measurement Period in question; plus