Common use of Annual Equivalent Forced Outage Factor Termination Rights Clause in Contracts

Annual Equivalent Forced Outage Factor Termination Rights. The Parties acknowledge that, although the intent of the liquidated damages payable under Section 4.5(a) (Annual Equivalent Forced Outage Factor and Liquidated Damages) is to compensate Company for the damages that Company would incur if the Seller fails to achieve the EFOF Performance Metric for a Measurement Period, such liquidated damages are not intended to compensate Company for the damages that Company would incur if a pattern of underperformance establishes a reasonable expectation that the Facility is likely to continue to substantially underperform the EFOF Performance Metric. Accordingly, and without limitation to Company’s rights under said Section 4.5(a) (Annual Equivalent Forced Outage Factor and Liquidated Damages) for those Measurement Periods during which the Seller failed to achieve the EFOF Performance Metric, the failure of the Seller to maintain, for each of four (4) consecutive Measurement Periods, an Annual EFOF of less than 7.0% shall constitute an Event of Default under Section 6.1(e) of this Agreement for which Company shall have the rights (including but not limited to the termination rights) set forth in Article 6 (Events of Default; Remedies; Termination).

Annual Equivalent Forced Outage Factor Termination Rights. The Parties acknowledge that, although the intent of the liquidated damages payable under Section 4.5(a) (Annual Equivalent Forced Outage Factor and Liquidated Damages) is to compensate Company for the damages that Company would incur if the Seller fails to achieve the EFOF Performance Metric for a Measurement Period, such liquidated damages are not intended to compensate Company for the damages that Company would incur if a pattern of underperformance establishes a reasonable expectation that the Facility is likely to continue to substantially underperform the EFOF Performance Metric. Accordingly, and without limitation to Company’s rights under said Section 4.5(a) (Annual Equivalent Forced Outage Factor and Liquidated Damages) for those Measurement Periods during which the Seller failed to achieve the EFOF Performance Metric), the failure of the Seller to maintain, for each of four (4) consecutive Measurement Periods, maintain an Annual EFOF of less than 7.0% for any Measurement Period shall constitute an Event of Default under Section 6.1(e) of this Agreement for which Company shall have the rights (including but not limited to the termination rights) set forth in Article 6 (Events of Default; Remedies; Termination).

Annual Equivalent Forced Outage Factor Termination Rights. The Parties acknowledge that, although the intent of the liquidated damages payable under Section 4.5(a) (Annual Equivalent Forced Outage Factor and Liquidated Damages) is to compensate Company for the damages that Company would incur if the Seller fails to achieve the EFOF Performance Metric for a Measurement Period, such liquidated damages are not intended to compensate Company for the damages that Company would incur if a pattern of underperformance establishes a reasonable expectation that the Facility is likely to continue to substantially underperform the EFOF Performance Metric. Accordingly, and without limitation to Company’s rights under said Section 4.5(a) (Annual Equivalent Forced Outage Factor and Liquidated Damages) for those Measurement Periods during which the Seller failed to achieve the EFOF Performance Metric, the failure of the Seller to maintain, for each of four (4) consecutive Measurement Periods, an Annual EFOF of less than 7.0% shall constitute an Event of Default under Section 6.1(e6.1(d) of this Agreement for which Company shall have the rights (including but not limited to the termination rights) set forth in Article 6 (Events of Default; Remedies; Termination).

Annual Equivalent Forced Outage Factor Termination Rights. The Parties acknowledge that, although the intent of the liquidated damages payable under Section 4.5(a) (Annual Equivalent Forced Outage Factor and Liquidated Damages) is to compensate Company for the damages that Company would incur if the Seller fails to achieve the EFOF Performance Metric for a Measurement Period, such liquidated damages are not intended to compensate Company for the damages that Company would incur if a pattern of underperformance establishes a reasonable expectation that the Facility is likely to continue to substantially underperform the EFOF Performance Metric. Accordingly, and without limitation to Company’s rights under said Section 4.5(a) (Annual Equivalent Forced Outage Factor and Liquidated Damages) for those Measurement Periods during which the Seller failed to achieve the EFOF Performance Metric, the failure of the Seller to maintain, for each of four (4) consecutive Measurement Periods, an Annual EFOF of less than 7.0% shall constitute an Event of Default under Section 6.1(e6.1(de) of this Agreement for which Company shall have the rights (including but not limited to the termination rights) set forth in Article 6 (Events of Default; Remedies; Termination).Termination).‌‌