Common use of Capacity Test and Liquidated Damages Clause in Contracts

Capacity Test and Liquidated Damages. During commissioning, and for each Measurement Period following the Commercial Operations Date, the Facility shall be required to complete a Capacity Test, as more fully set forth in Attachment T (Facility Tests) to this Agreement. For each Measurement Period for which the Facility fails to demonstrate that it satisfies the Capacity Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such shortfall, the amount set forth in the following table (on a progressive basis) upon proper demand at the end the Measurement Period in question: Tier 1 95.0% - 99.9% For each one-tenth of one percent (0.001) that the Capacity Ratio is below 100% and is above 94.9%, an amount equal to one-tenth of one percent (0.001) of the Lump Sum Payment for the Measurement Period in question; plus Tier 2 85.0% - 94.9% For each one-tenth of one percent (0.001) that the Capacity Ratio is below 95% and is above 84.9%, an amount equal to one and a half-tenths of one percent (0.0015) of the Lump Sum Payment for the Measurement Period in question; plus Tier 3 75.0% - 84.9% For each one-tenth of one percent (0.001) that the Capacity Ratio is below 85% and is above 74.9%, an amount equal to two-tenths of one percent (0.002) of the Lump Sum Payment for the Measurement Period in question; plus Tier 4 60.0% - 74.9% For each one-tenth of one percent (0.001) that the Capacity Ratio is below 75% and is above 59.9%, an amount equal to two and a half-tenths of one percent (0.0025) of the Lump Sum Payment for the Measurement Period in question; plus Tier 5 50.0% - 59.9% For each one-tenth of one percent (0.001) that the Capacity Ratio is below 60% and is above 49.9%, an amount equal to three-tenths of one percent (0.003) of the Lump Sum Payment for the Measurement Period in question; plus

Capacity Test and Liquidated Damages. During ForDuring commissioning, and for each Measurement Period following the Commercial Operations Date, the the‌‌ Facility shall be required to complete a Capacity Test, as more fully set forth in Attachment T (Facility Capacity TestFacility Tests) to this Agreement. For each Measurement Period for which the Facility fails to demonstrate that it satisfies the Capacity Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such shortfall, the amount set forth in the following table (on a progressive basis) upon proper demand at the end the Measurement Period in question: question:‌‌‌‌ Tier 1 95.0% - 99.9% For each one-tenth of one percent (0.001) that the Capacity Ratio is below 100% and is above 94.9%, an amount equal to one-tenth of one percent (0.001) of the Lump Sum Payment for the Measurement Period in question; plus Tier 2 85.0% - 94.9% For each one-tenth of one percent (0.001) that the Capacity Ratio is below 95% and is above 84.9%, an amount equal to one and a half-tenths of one percent (0.0015) of the Lump Sum Payment for the Measurement Period in question; plus Tier 3 75.0% - 84.9% For each one-tenth of one percent (0.001) that the Capacity Ratio is below 85% and is above 74.9%, an amount equal to two-tenths of one percent (0.002) of the Lump Sum Payment for the Measurement Period in question; plus Tier 4 60.0% - 74.9% For each one-tenth of one percent (0.001) that the Capacity Ratio is below 75% and is above 59.9%, an amount equal to two and a half-tenths of one percent (0.0025) of the Lump Sum Payment for the Measurement Period in question; plus Tier 5 50.0% - 59.9% For each one-tenth of one percent (0.001) that the Capacity Ratio is below 60% and is above 49.9%, an amount equal to three-tenths of one percent (0.003) of the Lump Sum Payment for the Measurement Period in question; plus

Capacity Test and Liquidated Damages. During commissioning, and for For each Measurement Period following the Commercial Operations Date, the Facility shall be required to complete a Capacity Test, as more fully set forth in Attachment T (Facility TestsCapacity Test) to this Agreement. For each Measurement Period for which the Facility fails to demonstrate that it satisfies the Capacity Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such shortfall, the amount set forth in the following table (on a progressive basis) upon proper demand at the end the Measurement Period in question: Tier 1 95.0% - 99.9% For each one-tenth of one percent (0.001) that the Capacity Ratio is below 100% and is above 94.9%, an amount equal to one-tenth of one percent (0.001) of the Lump Sum Payment for the Measurement Period in question; plus Tier 2 85.0% - 94.9% For each one-tenth of one percent (0.001) that the Capacity Ratio is below 95% and is above 84.9%, an amount equal to one and a half-tenths of one percent (0.0015) of the Lump Sum Payment for the Measurement Period in question; plus Tier 3 75.0% - 84.9% For each one-tenth of one percent (0.001) that the Capacity Ratio is below 85% and is above 74.9%, an amount equal to two-tenths of one percent (0.002) of the Lump Sum Payment for the Measurement Period in question; plus Tier 4 60.0% - 74.9% For each one-tenth of one percent (0.001) that the Capacity Ratio is below 75% and is above 59.9%, an amount equal to two and a half-tenths of one percent (0.0025) of the Lump Sum Payment for the Measurement Period in question; plus Tier 5 50.0% - 59.9% For each one-tenth of one percent (0.001) that the Capacity Ratio is below 60% and is above 49.9%, an amount equal to three-tenths of one percent (0.003) of the Lump Sum Payment for the Measurement Period in question; plus