Common use of Computation of Fixed Charge Clause in Contracts

Computation of Fixed Charge. 11.3.1 The obligations of the Utility to pay Fixed Charges in any Accounting Year shall in no case exceed an amount equal to the Fixed Charge due and payable for and in respect of the Normative Availability of 85% (eighty five per cent) computed with reference to the Contracted Capacity (the “Capacity Charge”). Provided, however, that in the event of Despatch of the Power Station beyond such 85% (eighty five per cent), Incentive shall be payable in accordance with the provisions of Clause 11.5.1. 11.3.2 The Aggregator shall not, for and in respect of any day, be entitled to receive payment of Fixed Charge for Availability exceeding 85% (eighty five per cent) thereof, and in the event it supplies electricity to the Utility in excess of such 85% (eighty five per cent), such excess supply shall be eligible only for payment of Variable Charge, save and except the payment of Incentive due under the provisions of Clause 11.3.1. 11.3.3 In the event that any shortfall in supply of electricity to the Utility occurs on account of deficiency in transmission between the Point of Grid Connection and Drawal Point, Availability shall be deemed to be reduced in accordance with the provisions of Clause 11.4.2 and the Utility shall not be liable for payment of any Fixed Charge for the Non-Availability arising as a consequence thereof.

Computation of Fixed Charge. 11.3.1 The obligations of the Utility Aggregator to pay Fixed Charges in any Accounting Year shall in no case exceed an amount equal to the Fixed Charge due and payable for and in respect of the Normative Availability of 85% (eighty five per cent) computed with reference to the Contracted Capacity (the “Capacity Charge”). Provided, however, that in the event of Despatch of the Power Station beyond such 85% (eighty five per cent), Incentive shall be payable in accordance with the provisions of Clause 11.5.1. 11.3.2 The Aggregator Supplier shall not, for and in respect of any day, be entitled to receive payment of Fixed Charge for Availability exceeding 85% (eighty five per cent) thereof, and in the event it supplies electricity to the Utility Aggregator in excess of such 85% (eighty five per cent), such excess supply shall be eligible only for payment of Variable Charge, save and except the payment of Incentive due under the provisions of Clause 11.3.1. 11.3.3 In the event that any shortfall in supply of electricity to the Utility Aggregator occurs on account of deficiency in transmission between the Point of Grid Connection and Drawal Point, Availability shall be deemed to be reduced in accordance with the provisions of Clause 11.4.2 and the Utility Aggregator shall not be liable for payment of any Fixed Charge for the Non-Availability arising as a consequence thereof.