Capacity Shortfall Sample Clauses

Capacity Shortfall. (a) If Seller elects to commence Commercial Operation with a Generating Facility size of less than Generating Facility Nameplate Capacity, Seller shall use commercially reasonable efforts to cause the Generating Facility to achieve full Generating Facility Nameplate Capacity of [ ]. The difference, measured in [MWAC] [MWDC], between the actual facility size and the Generating Facility Nameplate Capacity is referred to as the “Capacity Shortfall”. (b) Beginning on the Commercial Operation Date and ending on the earlier of (i) the date the Seller causes the Generating Facility to achieve full Generating Facility Nameplate Capacity of [ ] or (ii) the date one hundred eighty (180) days after the Commercial Operation Date (such date, the “Capacity Shortfall Date”), Seller shall pay to PGE Capacity Shortfall Damages, which shall be prorated for any partial capacity amounts and time periods. (c) If Seller fails to cause the Facility to achieve full Generating Facility Nameplate Capacity of [ ] on or before the Capacity Shortfall Date, Seller shall pay to PGE the Capacity Shortfall Payment and the Generating Facility Nameplate Capacity shall be revised to the actual [MWAC][MWDC] size of the Facility measured as of the Capacity Shortfall Date.
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Capacity Shortfall of greater than five days (a) Capacity will be allocated first to passenger services in accordance with ARTC’s obligations under section 88L of the Transport Administration Act 1988 (NSW). (b) To the extent practicable: (i) contracted path usages from load points not affected by the Capacity Shortfall (for example, load points east of a constraint in the Network), will not be reduced by the Capacity Shortfall and access holders should continue to be able to use contracted path usages originating from unaffected load points; and
Sample 1
Capacity Shortfall. 11.4.1.1 In the event that, at any time after the Date of Commercial Operation and before the Phase II Date of Commercial Operation, the CNDC is reduced below 95% of the INDC determined pursuant to Section 7.2.1, then, as Liquidated Damages, Seller will pay the Company $50 per kilowatt of the difference between 95% of the original INDC and the CNDC. This amount shall be escalated monthly using the Gross Domestic Product Implicit Price Deflator ("GDPIPD") beginning with the Effective Date. In the event that Seller pays Liquidated Damages pursuant to this Section, the INDC determined pursuant to Section 7.2.1 shall be reduced to the level of 105.263% of the CNDC upon which the Liquidated Damages assessment has been based for purposes of subsequent Liquidated Damages assessments pursuant to this Section and Section 11.4.2. Additionally, the Design Rating for Phase II, as set forth in Section 7.1 and Section 7.2.2 shall be reduced by the percentage difference between the Phase I INDC and the CNDC upon which Liquidated Damages have been assessed pursuant to this Section. Notwithstanding anything herein to the contrary, Seller may, upon twelve (12) month's prior written notice to the Company, which notice must be provided at any time up to two (2) years after Seller becomes obligated to pay Liquidated Damages pursuant to this Section, reinstate the CNDC of the Facility up to the INDC, and such reinstated CNDC shall be the CNDC for the purposes of calculating Capacity Payments and subsequent Liquidated Damages assessments pursuant to this Section. 11.4.1.2 In the event that, on or after the Phase II Date of Commercial Operation, the CNDC is reduced below 95% of the Phase II INDC determined pursuant to Section 7.2.2, then, as Liquidated Damages, Seller will pay the Company $65 per kilowatt of the difference between 95% of the original Phase II INDC and the CNDC. This amount shall be escalated monthly using the GDPIPD beginning with the Effective Date. (a) In the event that Seller pays Liquidated Damages pursuant to this Section, the Phase II INDC determined pursuant to Section 7.2.2 shall be reduced to the level of 105.263% of the CNDC upon which the Liquidated Damages assessment has been based for purposes of subsequent Liquidated Damages assessments pursuant to this Section. (b) Notwithstanding anything herein to the contrary, Seller may, upon twelve (12) month's prior written notice to the Company, which notice must be provided at any time up to two (2) years a...
Sample 1
Capacity Shortfall. If, after determining the Demonstrated Firm Capacity as provided in Section 5.1(E) (Capacity Test), the Demonstrated Firm Capacity is less than the Contract Firm Capacity, the Capacity Charge payment to Seller shall be reduced by a factor of 1.2 multiplied by each one percentage point (1%), rounded up to the nearest one percentage point (1%) when the fraction of the percentage is between 0.5 inclusive and the next integer, by which the Demonstrated Firm Capacity is less than the Contract Firm Capacity, down to a maximum of ten percentage points (10%) below the Contract Firm Capacity in accordance with Section 2(iv) of Attachment W (Capacity Test Procedures).
Sample 1
Capacity Shortfall. If, after determining the Demonstrated Firm Capacity as provided in Section 5.1(E) (Capacity Test), the Demonstrated Firm Capacity is less than the Contract Firm Capacity, the Capacity Charge payment to Seller shall be reduced in accordance with Section 4 of Attachment W (Capacity Test Procedures).
Sample 1
Capacity Shortfall 
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Related to Capacity Shortfall

  • Shortfall If, on any date, the Outstanding Advances shall exceed the Maximum Advance Amount (such excess, the "Shortfall Amount"), then the Customer shall on such date prepay the Outstanding Advances in an amount equal to such Shortfall Amount.

  • Shortfalls (i) If the amounts described in Section 2.3 are insufficient to pay the Class A Monthly Interest on any Distribution Date, payments of interest to the Class A Noteholders will be reduced on a pro rata basis by the amount of such deficiency. The aggregate amount, if any, of such deficiency on any Distribution Date, together with the aggregate unpaid amount of any such deficiencies with respect to all prior Distribution Dates, shall be referred to as the “Class A Shortfall”. Interest shall accrue on the Class A Shortfall at the Class A Note Rate.

  • Reimbursement Amount Except for the metropolitan areas listed below, the maximum reimbursement for meals including tax and gratuity, shall be: Breakfast $ 9.00 Lunch $11.00 Dinner $16.00 For the following metropolitan areas the maximum reimbursement shall be: Breakfast $11.00 Lunch $13.00 Dinner $20.00 The metropolitan areas are: Atlanta Boston Cleveland Denver Hartford Kansas City Miami New York City Portland, OR San Francisco St. Louis Baltimore Chicago Dallas/Fort Worth Detroit Houston Los Angeles New Orleans Philadelphia San Diego Seattle Washington D.C. See Appendix L for details related to the boundaries of the above-mentioned metropolitan areas. The metropolitan areas also include any location outside the forty-eight (48) contiguous United States. Employees who meet the eligibility requirements for two (2) or more consecutive meals shall be reimbursed for the actual costs of the meals up to the combined maximum reimbursement amount for the eligible meals.

  • Cost Allocation Cost allocation of Generator Interconnection Related Upgrades shall be in accordance with Schedule 11 of Section II of the Tariff.

  • Excess Finance Charge Collections Series 2017-6 shall be an Excess Allocation Series. Subject to Section 4.05 of the Agreement, Excess Finance Charge Collections with respect to the Excess Allocation Series for any Distribution Date will be allocated to Series 2017-6 in an amount equal to the product of (x) the aggregate amount of Excess Finance Charge Collections with respect to all the Excess Allocation Series for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series 2017-6 for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls for all the Excess Allocation Series for such Distribution Date. The “Finance Charge Shortfall” for Series 2017-6 for any Distribution Date will be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections 4.05(a), 4.05(b) and 4.05(c) and subsections 4.07(a) through (j) on such Distribution Date and the full amount required to be paid, without duplication, pursuant to subsections 3.02(a)(iii) and 3.02(a)(iv) of the Transfer Agreement on the related Payment Date (as such term is defined in the Transfer Agreement) over (b) the sum of (i) the Reallocated Investor Finance Charge Collections, (ii) if such Monthly Period relates to a Distribution Date with respect to the Controlled Accumulation Period or Early Amortization Period, the amount of Principal Funding Account Investment Proceeds, if any, with respect to such Distribution Date and (iii) the amount of funds, if any, to be withdrawn from the Reserve Account which, pursuant to subsection 4.12(d), are required to be included in Class A Available Funds with respect to such Distribution Date. The amount of Excess Finance Charge Collections for Series 2017-6 for any Distribution Date shall be specified in subsection 3.02(a)(v) of the Transfer Agreement. On each Distribution Date, the Trustee shall deposit into the Collection Account for application in accordance with Section 4.05 of the Agreement the aggregate amount of Excess Finance Charge Collections received by the Trustee pursuant to the Transfer Agreement on such date.

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

  • Collateral Shortfalls In the event that amounts on deposit in the Collateral Fund at any time are insufficient to cover any withdrawals therefrom that the Company is then entitled to make hereunder, the Purchaser shall be obligated to pay such amounts to the Company immediately upon demand. Such obligation shall constitute a general corporate obligation of the Purchaser. The failure to pay such amounts within two Business Days of such demand (except for amounts to cover interest on a Mortgage Loan pursuant to Sections 2.02(d) and 2.03 (b)), shall cause an immediate termination of the Purchaser's right to make any Election to Delay Foreclosure or Election to Foreclose and the Company's obligations under this Agreement with respect to all Mortgage Loans to which such insufficiencies relate, without the necessity of any further notice or demand on the part of the Company.

  • Excess Costs If the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“Excess Costs”), provided, however, Landlord will, prior to the commencement of construction of Tenant’s Improvements, advise Tenant of the sum of the Contract Sum and the Construction Management Fee (the “Cost Estimate”). Tenant shall have five (5) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost Estimate. If Tenant fails to approve same by the expiration of the fifth such business day, then Tenant shall be deemed to have approved the Proposed Contract Sum and Cost Estimate. If Tenant disapproves the Contract Sum and Cost Estimate within such five (5) business day period, then Tenant shall either reduce the scope of Tenant’s Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance or, at Tenant’s option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five (5) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The foregoing process shall continue until a Contract Sum and Cost Estimate are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s Improvements in writing prior to the commencement of construction.

  • Finance Charge Each Receivable provides for the payment of a finance charge or shall yield interest calculated on the basis of an APR ranging from 0.50% to 22.24%.

  • COSTS DISTRIBUTED THROUGH COUNTYWIDE COST ALLOCATIONS The indirect overhead and support service costs listed in the Summary Schedule (attached) are formally approved as actual costs for fiscal year 2022-23, and as estimated costs for fiscal year 2024-25 on a “fixed with carry-forward” basis. These costs may be included as part of the county departments’ costs indicated effective July 1, 2024, for further allocation to federal grants and contracts performed by the respective county departments.

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