Facility Performance – Net Output Sample Clauses

Facility Performance – Net Output. (a) Recognizing that the availability of the Energy Source may vary and, consequently, the resulting Net Output may vary, the Facility shall be designed and constructed so as to generate and deliver, throughout the Term, an average yearly Net Output not less than the Energy Bid and the RE Supplier shall use all reasonable commercial efforts to operate, maintain and rehabilitate the Facility in a manner which meets such Energy requirement. (b) If the Net Output of the Facility during any Contract Year is less than 98 percent ( 98%) of the Energy Bid (excluding from such determination any deficiency in Net Output due to an Extraneous Event), then the RE Supplier shall be liable to the BL&P, as liquidated damages resulting from such deficiency (“Shortfall Energy”), for (i) an amount equal to the Renewable Attribute Loss Rate times the Shortfall Energy, plus (ii) an amount equal to the Shortfall Energy times the difference between Annual Average Marginal Cost Rate for that Contract Year and the Energy Rate (if the Annual Average Marginal Cost Rate for that Contract Year is greater than the Energy Rate). Such liquidated damages shall be payable by the RE Supplier upon the demand of the BL&P, which demand shall include a calculation of such liquidated damages. Other than any right of the BL&P to terminate the PPA (and without prejudice to the rights of the BL&P under Section 4.1(d)), the right of the BL&P to recover such liquidated damages (including accrued interest thereon), either by drawing upon the Performance Security or seeking recourse against the RE Supplier for payment thereof, shall be the sole and exclusive remedy of the BL&P in respect of such Renewable Attribute Loss and any incremental cost of replacement Energy; provided that, for certainty, any recovery of such liquidated damages shall not be construed as: (A) relieving the RE Supplier of its other obligations under the PPA or (B) affecting any other rights and remedies of the BL&P in respect of any breach by the RE Supplier of such obligations. (c) If the Net Output during any period of 24 months is less than ninety percent (90%) of twice the Energy Bid (if the Facility has a capacity factor equal to or greater than fifty percent (50%) as set out in the Project Description), having excluded from such determination any deficiency in Net Output due to an Extraneous Event, then, upon the request of the BL&P, the RE Supplier shall be required to demonstrate to the satisfaction of the BL&P (acting r...
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Related to Facility Performance – Net Output

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