Common use of Economic Benefits Shortfall Clause in Contracts

Economic Benefits Shortfall. If there is an Economic Benefits Shortfall, Seller shall: (a) provide to NYSERDA for NYSERDA’s approval a plan to make additional economic investments in New York State in an amount reasonably comparable to the amount of the Economic Benefits Shortfall; or (b) upon the mutual agreement of the Parties, pay the amount of the Economic Benefits Shortfall or cause such amount to be paid into an account for the receipt of such funds created by NYSERDA, within six (6) months of NYSERDA’s final notification of the amount owed under Subsection 12.01(b) of this Agreement; such amounts may, at Seller’s direction, be deducted by NYSERDA from payments owed to Seller under Article IV of this Agreement.

Appears in 4 contracts

Samples: Certificate Purchase and Sale Agreement, Renewable Energy Certificate Purchase and Sale Agreement, Sale Agreement

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Economic Benefits Shortfall. If there is an Economic Benefits Shortfall, Seller shall: (a1) provide to NYSERDA for NYSERDA’s approval a plan to make additional economic investments in New York State in an amount reasonably comparable to the amount of the Economic Benefits Shortfall; or (b2) upon the mutual agreement of the Parties, pay the amount of the Economic Benefits Shortfall or cause such amount to be paid into an account for the receipt of such funds created by NYSERDA, within six (6) months of NYSERDA’s final notification of the final amount owed under Subsection 12.01(b) of this Agreement; such amounts may, at Seller’s direction, be deducted by NYSERDA from payments owed to Seller under Article IV of this Agreement.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, portal.nyserda.ny.gov

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Economic Benefits Shortfall. If there is an Economic Benefits Shortfall, Seller shall: (a1) provide to NYSERDA for NYSERDA’s approval a plan to make additional economic investments in New York State in an amount reasonably comparable to the amount of the Economic Benefits Shortfall; or (b2) upon the mutual agreement of the Parties, pay the amount of the Economic Benefits Shortfall or cause such amount to be paid into an account for the receipt of such funds created by NYSERDA, within six (6) months of NYSERDA’s final notification of the amount owed under Subsection 12.01(b) of this Agreement; such amounts may, at Seller’s direction, be deducted by NYSERDA from payments owed to Seller under Article IV of this Agreement.

Appears in 2 contracts

Samples: Sale Agreement, Renewable Energy Certificate Purchase and Sale Agreement

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