Contract Quantity and Guaranteed Energy Production. Seller has estimated that following the Commercial Operation Date, the Facility will deliver an annual expected performance output of Net Energy for each year of the Term as set forth in Attachment C (the "Contract Quantity"); provided that, for purposes of calculating a Shortfall, the Contract Quantity for Net Energy shall be reduced on an equitable basis due to any of the following:
(a) Interconnecting Utility outages, unless caused by Seller's action or inaction; (b) Buyer's inability to accept Net Energy (including Curtailed Energy as described in Section 5.1(f)), unless caused by Seller's action or inaction; (c) any directive of SCE&G Transmission; and (d) events of Force Majeure. If, starting with the second Contract Year, the Facility fails to deliver eighty-five percent (85%) of the Contract Quantity (as adjusted, and regarding Net Energy) in any particular Contract Year (the "Guaranteed Energy Production"), then a shortfall of Net Energy with respect to such Contract Year equal to the difference between the Guaranteed Energy Production and the Net Energy actually delivered (a "Shortfall") shall be deemed to exist, and Seller shall pay to Buyer in respect of such Shortfall an amount equal to fifty percent (50%) of the applicable Summer Months On-Peak Hours Energy Rate in $/kWh specified in Attachment B for that Contract Year multiplied by the amount of the Shortfall in kWh ("Performance Liquidated Damages"), which Performance Liquidated Damages shall be paid on the monthly payment date immediately succeeding the Contract Year for which Seller's obligation to pay such amounts arose or within 30 (thirty) days of delivery of an invoice from Buyer to Seller if the Shortfall occurred in the final Contract Year. Seller may adjust the quantities in Attachment C to quantities mutually agreed upon by the Parties based on final equipment selection. Seller must provide Notice to Buyer of such proposed adjustments to the quantities in Attachment C no less than three (3) months prior to the Commercial Operation Date. Within two (2) Business Days following the Commercial Operation Date, Seller shall provide to Buyer with the pro-rated quantities, subject to mutual agreement of the Parties, for Contract Year 1 and Contract Year 21 in Attachment C. Such pro-rated quantities shall be based, for Contract Year 1, on the Contract Quantity for Contract Year 2, and for Contract Year 21, on the Contract Quantity for Contract Year 20.
Contract Quantity and Guaranteed Energy Production. The quantity of Delivered Energy to be delivered by Seller during each Contract Year is expected to be at least [_____] MWh net of all Electrical Losses (“Contract Quantity”). Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production in any period of twenty-four (24) consecutive months during the Delivery Term (“Performance Measurement Period”). If Seller delivers less than the Guaranteed Energy Production in any Performance Measurement Period, then within 120 days after the last day of the last month of such Performance Measurement Period, Buyer shall notify Seller of such failure and Buyer may, at its option, declare an Event of Default. If during such 120 day period, Buyer opts not to declare an Event of Default with respect to Seller’s failure to meet the Guaranteed Energy Production requirement, then Buyer shall waive its right to declare an Event of Default based on Seller’s failure with respect to the Performance Measurement Period which served as the basis for the default. For sake of certainty, in the event that Buyer waives its right to declare an Event of Default with respect to the Performance Measurement Period which served as the basis for such default, Buyer shall again have the right to declare an Event of Default, subject to the conditions set forth in this subpart (e), if as of the last day of the month following such Performance Measurement Period or any subsequent month, Seller again fails to achieve the Guaranteed Energy Production requirement for such subsequent Performance Measurement Period.
Contract Quantity and Guaranteed Energy Production. [Dispatchable Offers should delete the bracketed language in this heading]
Contract Quantity and Guaranteed Energy Production. The quantity of Bundled Green Energy that Seller expects to be able to deliver to Buyer during each Contract Year is [_____] MWh [For solar facilities, insert: to be degraded each Contract Year by [insert manufacturer’s degradation factor] (“Contract Quantity”). [For all facilities other than hydro facilities, insert: Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production (as defined below) in any [For baseload facilities insert: “twelve
Contract Quantity and Guaranteed Energy Production. The Contract Quantity during each Contract Year is expected to be at least 284,000 MWh. Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production in any period of twenty-four (24) consecutive months during the Delivery Term (“Performance Measurement Period”). If Seller adjusts the Contract Capacity pursuant to
Contract Quantity and Guaranteed Energy Production. Seller has estimated that following the Commercial Operation Date, the Facility will deliver an annual expected performance output of Net Energy for each year of the Term as set forth in Attachment C(the "Contract Quantity"); provided that the Contract Quantity for Net Energy shall be reduced on an equitable basis due to any of the following: (a) Interconnecting Utility outages (unless caused by Seller's action or inaction), (b) Buyer's inability to accept Net Energy (including Curtailed Energy as described in Section 5.1(1)), unless caused by Seller's action or inaction,
Contract Quantity and Guaranteed Energy Production. The Contract Quantity during each Contract Year of the Project Delivery Term is set forth in Schedule 3.1(e) hereto which Seller shall amend as of the Partial Commercial Operation Date to reflect the then current Contract Quantity to the extent the then current Contract Quantity differs from the Contract Quantity set forth in Schedule 3.1(e) solely due to a change in construction schedule for the Project as set forth in Appendix III, and Seller
Contract Quantity and Guaranteed Energy Production. Seller has estimated that following the Commercial Operation Date, the Facility will deliver an annual expected performance output of Net Energy and, as applicable, RECs and other related Environmental EXECUTION VERSION obligation to sell the Net Energy created by the Facility as set forth herein shall be effective when the Facility generates Test Energy.
Contract Quantity and Guaranteed Energy Production. The quantity of Delivered Energy that Seller expects to be able to deliver to Buyer during each Contract Year is described in Exhibit H (“Contract
Contract Quantity and Guaranteed Energy Production. (i) The quantity of Delivered Energy that Seller expects to be able to deliver to Buyer during each Contract Year is 26,940 MWh/year (“Contract Quantity”). Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production (as defined below) in any rolling twenty-four
