Common use of Capacity Reduction Liquidated Damages Clause in Contracts

Capacity Reduction Liquidated Damages. (a) If Buyer requires Seller to, or Seller elects to, resize the Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (i) [●] Dollars ($[●])17, multiplied by (ii) the number of MW by which (A) the resized Expected Capacity is below (B) the original Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, (x) the resizing of the Expected Capacity according to Section 3.8 shall become effective and (y) the Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year shall be deemed adjusted to the P50 Quantity and the P90 Quantity, respectively, for each such Contract Year corresponding to the Final Capacity, as determined (subject to audit and dispute by Buyer) by the same independent engineer that determined the original Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year (provided that, if Buyer so requests, Seller shall reasonably cooperate with Buyer to mutually agree on another qualified independent engineer) in a confirming report from such independent engineer provided by Seller to Buyer (at Seller’s sole cost and expense) concurrently with the payment required by this Section 3.9. (b) If Buyer requires Seller to, or Seller elects to, resize the Storage Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (i) [●] Dollars ($[●])18, multiplied by (ii) the number of MW by which (A) the resized Storage Expected Capacity is below (B) the original Storage Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, the resizing of the Storage Expected Capacity according to Section 3.8 shall become effective concurrently with the payment required by this Section 3.9.

Capacity Reduction Liquidated Damages. (a) If Buyer requires Seller to, or Seller elects to, resize the Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to to (i) [●[ ] Dollars ($[●[ ])1737, multiplied by (ii) the number of MW by which (A) the resized Expected Capacity is below (B) the original Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, (x) the resizing of the Expected Capacity according to Section 3.8 shall become effective and (y) the Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year shall be deemed adjusted to the P50 Quantity and the P90 Quantity, respectively, for each such Contract Year corresponding to the Final Capacity, as determined (subject to audit and dispute by Buyer) by the same independent engineer that determined the original Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year (provided that, if Buyer so requests, Seller shall reasonably cooperate with Buyer to mutually agree on another qualified independent engineer) in a confirming report from such independent engineer provided by Seller to Buyer (at Seller’s sole cost and expense) concurrently with the payment required by this Section 3.9. (b) If Buyer requires Seller to, or Seller elects to, resize the Storage Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to to (i) [●[ ] Dollars ($[●[ ])1838, multiplied by (ii) the number of MW by which (A) the resized Storage Expected Capacity is below (B) the original Storage Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, the resizing of the Storage Expected Capacity according to Section 3.8 shall become effective concurrently with the payment required by this Section 3.9.

Capacity Reduction Liquidated Damages. (a) If Buyer requires Seller to, or Seller elects to, resize the Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (i) [●[ ] Dollars ($[●[ ])17, multiplied by (ii) the number of MW by which (A) the resized Expected Capacity is below (B) the original Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, (x) the resizing of the Expected Capacity according to Section 3.8 shall become effective and (y) the Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year shall be deemed adjusted to the P50 Quantity and the P90 Quantity, respectively, for each such Contract Year corresponding to the Final Capacity, as determined (subject to audit and dispute by Buyer) by the same independent engineer that determined the original Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year (provided that, if Buyer so requests, Seller shall reasonably cooperate with Buyer to mutually agree on another qualified independent engineer) in a confirming report from such independent engineer provided by Seller to Buyer (at Seller’s sole cost and expense) concurrently with the payment required by this Section 3.9. (b) If Buyer requires Seller to, or Seller elects to, resize the Storage Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (i) [●[ ] Dollars ($[●[ ])18, multiplied by (ii) the number of MW by which (A) the resized Storage Expected Capacity is below (B) the original Storage Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, the resizing of the Storage Expected Capacity according to Section 3.8 shall become effective concurrently with the payment required by this Section 3.9.

Capacity Reduction Liquidated Damages. (a) If Buyer requires Seller to, or Seller elects to, resize the Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (i) [●[ ] Dollars ($[●[ ])1719, multiplied by (ii) the number of MW by which (A) the resized Expected Capacity is below (B) the original Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, (x) the resizing of the Expected Capacity according to Section 3.8 shall become effective and (y) the Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year shall be deemed adjusted to the P50 Quantity and the P90 Quantity, respectively, for each such Contract Year corresponding to the Final Capacity, as determined (subject to audit and dispute by Buyer) by the same independent engineer that determined the original Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year (provided that, if Buyer so requests, Seller shall reasonably cooperate with Buyer to mutually agree on another qualified independent engineer) in a confirming report from such independent engineer provided by Seller to Buyer (at Seller’s sole cost and expense) concurrently with the payment required by this Section 3.9. (b) If Buyer requires Seller to, or Seller elects to, resize the Storage Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (i) [●[ ] Dollars ($[●[ ])1820, multiplied by (ii) the number of MW by which (A) the resized Storage Expected Capacity is below (B) the original Storage Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, the resizing of the Storage Expected Capacity according to Section 3.8 shall become effective concurrently with the payment required by this Section 3.9.

Capacity Reduction Liquidated Damages. (a) If Buyer requires Seller to, or Seller elects to, resize the Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to to (i) [●[ ] Dollars ($[●[ ])1738, multiplied by (ii) the number of MW by which (A) the resized Expected Capacity is below (B) the original Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, (x) the resizing of the Expected Capacity according to Section 3.8 shall become effective and (y) the Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year shall be deemed adjusted to the P50 Quantity and the P90 Quantity, respectively, for each such Contract Year corresponding to the Final Capacity, as determined (subject to audit and dispute by Buyer) by the same independent engineer that determined the original Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year (provided that, if Buyer so requests, Seller shall reasonably cooperate with Buyer to mutually agree on another qualified independent engineer) in a confirming report from such independent engineer provided by Seller to Buyer (at Seller’s sole cost and expense) concurrently with the payment required by this Section 3.9. (b) If Buyer requires Seller to, or Seller elects to, resize the Storage Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to to (i) [●[ ] Dollars ($[●[ ])1839, multiplied by (ii) the number of MW by which (A) the resized Storage Expected Capacity is below (B) the original Storage Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, the resizing of the Storage Expected Capacity according to Section 3.8 shall become effective concurrently with the payment required by this Section 3.9.

Capacity Reduction Liquidated Damages. (a) If Buyer requires Seller to, or Seller elects to, resize the Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (i) [●[ ] Dollars ($[●[ ])1719, multiplied by (ii) the number of MW by which (A) the resized Expected Capacity is below (B) the original Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, (x) the resizing of the Expected Capacity 18 NTD: Amount to be calculated by multiplying the Expected Capacity by $500/MW. 19 NTD: Amount to be provided by Buyer. according to Section 3.8 shall become effective and (y) the Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year shall be deemed adjusted to the P50 Quantity and the P90 Quantity, respectively, for each such Contract Year corresponding to the Final Capacity, as determined (subject to audit and dispute by Buyer) by the same independent engineer that determined the original Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year (provided that, if Buyer so requests, Seller shall reasonably cooperate with Buyer to mutually agree on another qualified independent engineer) in a confirming report from such independent engineer provided by Seller to Buyer (at Seller’s sole cost and expense) concurrently with the payment required by this Section 3.9. (b) If Buyer requires Seller to, or Seller elects to, resize the Storage Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (i) [●[ ] Dollars ($[●[ ])1820, multiplied by (ii) the number of MW by which (A) the resized Storage Expected Capacity is below (B) the original Storage Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, the resizing of the Storage Expected Capacity according to Section 3.8 shall become effective concurrently with the payment required by this Section 3.9.

Capacity Reduction Liquidated Damages. (a) If Buyer requires Seller to, or Seller elects to, resize the Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to to (i) [●[ ] Dollars ($[●[ ])1734, multiplied by (ii) the number of MW by which (A) the resized Expected Capacity is below (B) the original Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, (x) the resizing of the Expected Capacity according to Section 3.8 shall become effective and (y) the Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year shall be deemed adjusted to the P50 Quantity and the P90 Quantity, respectively, for each such Contract Year corresponding to the Final Capacity, as determined (subject to audit and 33 NTD: Amount to be calculated by multiplying the Expected Capacity by $500/MW. 34 NTD: Amount to be provided by Buyer. dispute by Buyer) by the same independent engineer that determined the original Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year (provided that, if Buyer so requests, Seller shall reasonably cooperate with Buyer to mutually agree on another qualified independent engineer) in a confirming report from such independent engineer provided by Seller to Buyer (at Seller’s sole cost and expense) concurrently with the payment required by this Section 3.9. (b) If Buyer requires Seller to, or Seller elects to, resize the Storage Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to to (i) [●[ ] Dollars ($[●[ ])1835, multiplied by (ii) the number of MW by which (A) the resized Storage Expected Capacity is below (B) the original Storage Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, the resizing of the Storage Expected Capacity according to Section 3.8 shall become effective concurrently with the payment required by this Section 3.9.

Capacity Reduction Liquidated Damages. (a) If Buyer requires Seller to, or Seller elects to, resize the Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to to (i) [●[ ] Dollars ($[●[ ])1719, multiplied by (ii) the number of MW by which (A) the resized Expected Capacity is below (B) the original Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, (x) the resizing of the Expected Capacity according to Section 3.8 shall become effective and (y) the Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year shall be deemed adjusted to the P50 Quantity and the P90 Quantity, respectively, for each such Contract Year corresponding to the Final Capacity, as determined (subject to audit and dispute by Buyer) by the same independent engineer that determined the original Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year (provided that, if Buyer so requests, Seller shall reasonably cooperate with Buyer to mutually agree on another qualified independent engineer) in a confirming report from such independent engineer provided by Seller to Buyer (at Seller’s sole cost and expense) concurrently with the payment required by this Section 3.9. (b) If Buyer requires Seller to, or Seller elects to, resize the Storage Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (i) [●] Dollars ($[●])18, multiplied 19 NTD: Amount to be provided by (ii) the number of MW Xxxxx. 20 NTD: Amount to be provided by which (A) the resized Xxxxx. Storage Expected Capacity is below (B) the original Storage Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, the resizing of the Storage Expected Capacity according to Section 3.8 shall become effective concurrently with the payment required by this Section 3.9.

Capacity Reduction Liquidated Damages. (a) If Buyer requires Seller to, or Seller elects to, resize the Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (i) [●] Dollars ($[●])1718, multiplied by (ii) the number of MW by which (A) the resized Expected Capacity is below (B) the original Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, (x) the resizing of the Expected Capacity according to Section 3.8 shall become effective and (y) the Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year shall be deemed adjusted to the P50 Quantity and the P90 Quantity, respectively, for each such Contract Year corresponding to the Final Capacity, as determined (subject to audit and dispute by Buyer) by the same independent engineer that determined the original Annual Expected Energy Quantity and Annual Guaranteed Energy Quantity for each Contract Year (provided that, if Buyer so requests, Seller shall reasonably cooperate with Buyer to mutually agree on another qualified independent engineer) in a confirming report from such independent engineer provided by Seller to Buyer (at Seller’s sole cost and expense) concurrently with the payment required by this Section 3.9. (b) If Buyer requires Seller to, or Seller elects to, resize the Storage Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (i) [●] Dollars ($[●])1819, multiplied by (ii) the number of MW by which (A) the resized Storage Expected Capacity is below (B) the original Storage Expected Capacity (regardless of the reason for such shortfall, including Force Majeure). Upon such payment, the resizing of the Storage Expected Capacity according to Section 3.8 shall become effective concurrently with the payment required by this Section 3.9.