Common use of Calculation of Penalty for Underproduction by Subcontractor’s Portfolio Clause in Contracts

Calculation of Penalty for Underproduction by Subcontractor’s Portfolio. The Portfolio Aggregate Underproduction Performance Penalty for a given Full Production Year will be calculated using the following formula: a. Amount of Portfolio Aggregate Underproduction for the specific Full Production Year, multiplied by the Value of the Portfolio Aggregate Minimum Production Requirement. For example, for Full Production Year 5: i. Amount of Portfolio Aggregate Underproduction (Yr 5) = 37,440 kWh, and ii. Value of the Portfolio Aggregate Minimum Production Requirement = $0.0834/kWh, then

Calculation of Penalty for Underproduction by Subcontractor’s Portfolio. The Portfolio Aggregate Underproduction Performance Penalty for a given Full Production Year will be calculated using the following formula: a. Amount of Portfolio Aggregate Underproduction for the specific Full Production Year, multiplied by the Value of the Portfolio Aggregate Minimum Production Requirement. For example, for Full Production Year 5: i. Amount of Portfolio Aggregate Underproduction (Yr 5) = 37,440 kWh, and ii. Value of the Portfolio Aggregate Minimum Production Requirement = $0.08340.0637/kWh, then

Calculation of Penalty for Underproduction by Subcontractor’s Portfolio. The Portfolio Aggregate Underproduction Performance Penalty for a given Full Production Year will shall be calculated using the following formula: a. Amount of Portfolio Aggregate Underproduction for the specific Full Production Year, multiplied by the Value of the Portfolio Aggregate Minimum Production Requirement. For example, for Full Production Year 5: i. Amount of Portfolio Aggregate Underproduction (Yr 5) = 37,440 kWh, and ii. Value of the Portfolio Aggregate Minimum Production Requirement = $0.0834/kWh, thenthen DRAFT COPY

Calculation of Penalty for Underproduction by Subcontractor’s Portfolio. The Portfolio Aggregate Underproduction Performance Penalty for a given Full Production Year will shall be calculated using the following formula: a. Amount of Portfolio Aggregate Underproduction for the specific Full Production Year, multiplied by the Value of the Portfolio Aggregate Minimum Production Requirement. For example, for Full Production Year 5: i. Amount of Portfolio Aggregate Underproduction (Yr 5) = 37,440 kWh, and ii. Value of the Portfolio Aggregate Minimum Production Requirement = $0.0834/kWh, then