Energy Output. The failure of the Facility to produce Energy for twelve
Energy Output. The failure of the Facility to produce any Energy for twelve (12) consecutive months during the Services Term, except to the extent excused by (i) a Force Majeure, (ii) a Catastrophic Failure not caused by a Force Majeure, unless and until such Catastrophic Failure exceeds the duration of the Catastrophic Failure Period, or (iii) if the applicable LMP at the Delivery Point is negative (as described in Section 4.2(a)) for the entire twelve (12) month period; or
Energy Output. The failure of the Facility to produce Energy for twenty- four (24) consecutive months during the Services Term for any reason, including due in whole or in part to a Force Majeure; or
Energy Output. In accordance with and subject to the terms and conditions of this Agreement, commencing on the Initial Delivery Date and continuing through the end of the Term, Seller shall sell to TVA, and TVA shall purchase from Seller, any and all right, title, and interest in and to the Energy Output generated from the Project and delivered to the Delivery Point. Pursuant to Section 10.1, Seller shall guarantee the supply of a total amount of Energy Output to TVA during each Delivery Period. Energy Output shall be deemed made available to TVA for billing and payment purposes under Article VII in the Month in which Energy Output is made available at the Delivery Point.
Energy Output. In accordance with and subject to the terms and conditions of this Agreement, including Section 4.1(i) above, commencing on the Test Commencement Date and continuing through the end of the Term, Seller shall sell to TVA, and TVA shall purchase from Seller, any and all right, title, and interest in and to the Energy Output generated from the Project and delivered to the Delivery Point. Pursuant to Section 8.1, Seller shall guarantee the supply of a total amount of Energy Output to TVA during each Delivery Period. Energy Output shall be deemed made available to TVA for billing and payment purposes under Article X in the Month in which Energy Output is made available at the Delivery Point.
Energy Output. During the Services Term, the Facility’s Energy output is (A) below 90% of the Projected Annual Energy Output for a period of two consecutive Contract Years for a reason other than a Force Majeure, or (B) below 50% of the Projected Annual Energy Output for a period of two consecutive Contract Years for any reason, including due in whole or in part to a Force Majeure; or
Energy Output. The failure of the Facility to produce Energy for twelve (12) consecutive months during the Services Term; or
Energy Output. The failure of the Facility to produce Metered Output or to Deliver Scheduled Energy for twelve (12) consecutive months during the Services Term for any reason other than Force Majeure; or
Energy Output. The failure of the Facility and all Additional Facilities to produce any energy for twelve (12) consecutive months during the Services Term, except to the extent (i) such failure is excused by (A) a Force Majeure (or equivalent for the Additional Facilities) or (B) a Catastrophic Failure (or equivalent for the Additional Facilities) not caused by a Force Majeure, unless and until such Catastrophic Failure exceeds the duration of the Catastrophic Failure Period, or (ii) the applicable LMP at the Delivery Point is negative (as described in Section 4.2(a)); or uu. Section 9.2(h) of the Agreement is deleted in its entirety and replaced with the following:
Energy Output. In accordance with and subject to the terms and conditions of this Agreement, commencing on the Test Commencement Date and continuing through the end of the Term, Seller shall sell and deliver to LUB, and LUB shall purchase and receive from Seller, any and all right, title, and interest in and to the Energy Output at the Delivery Point. Pursuant to Section 8.1, Seller shall guarantee the supply of a total amount of Energy Output to LUB during each Delivery Period. Energy Output shall be deemed made available to LUB for billing and payment purposes under Article X in the Month in which Energy Output is made available at the Delivery Point.
