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.
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...
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).
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
Capacity Shortfall. If, on or before the Guaranteed Commercial Operation Date, Seller has not caused the Nameplate Capacity to equal 100% of the Purchaser’s Nameplate Capacity, Seller shall pay to Purchaser liquidated damages (“Capacity Shortfall Damages”) in an amount for such day equal to (a) $100,000 per MWac multiplied by (b) the Purchaser’s Nameplate Capacity minus the Nameplate Capacity as of the Guaranteed Commercial Operation Date. If Capacity Shortfall Damages are owed by Seller to Purchaser, Seller shall (i) include the amount of such Capacity Shortfall Damages (including the supporting data and calculations) on the first invoice issued pursuant to Section 8.6 following the Guaranteed Commercial Operation Date and (ii) pay such Capacity Shortfall Damages to Purchaser in accordance with Section 8.6. The payment of such Capacity Shortfall Damages shall be Purchaser’s sole remedy for shortfall of the Purchaser’s Nameplate Capacity with relation to the failure of the Project to achieve the Purchaser’s Nameplate Capacity by the Guaranteed Commercial Operation Date.
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).
Capacity Shortfall
