Common use of Capacity Shortfall Clause in Contracts

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. (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 Buyer 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.