Common use of Gas Payment Shortfall Clause in Contracts

Gas Payment Shortfall. During the Warranty Period, Seller shall perform such services on the Bloom Systems as shall cause the_ Efficiency Bank to maintain a positive balance at all times. If the Efficiency Bank reaches a balance of less than zero during the Warranty Period, Seller shall reimburse Buyer for any Gas Payment Shortfall that Buyer incurs within ten (10) days after Buyer provides notice to Seller of such shortfall amount; provided that Seller’s cumulative aggregate liability under this Section 8.9 shall not exceed an amount equal to (i) one hundred percent (100%) of the aggregate Purchase Price of all Bloom Systems in the Portfolio during the applicable period and the purchase price under the December 30 Xxxx of Sale (inclusive of any amounts paid or for which a pending claim has been made for a Gas Payment Shortfall under the O&M Agreement), less (ii) the aggregate of all amounts paid by Seller (or claimed against Seller in the case of any claims that are pending at the time of such calculation) with respect to claims under Sections 8.2(b) and 8.3(c) hereunder and Section 2.5(c) of the O&M Agreement. An example of an Gas Payment Shortfall calculation for purposes of a Section 8.9 claim is attached as Annex E.

Gas Payment Shortfall. During the Warranty Period, Seller shall perform such services on the Bloom Systems as shall cause the_ Efficiency Bank to maintain a positive balance at all times. If the Efficiency Bank reaches a balance of less than zero during the Warranty Period, Seller shall reimburse Buyer for any Gas Payment Shortfall that Buyer incurs within ten (10) [***] days after Buyer provides notice to Seller of such shortfall amount; provided that Seller’s cumulative aggregate liability under this Section 8.9 shall not exceed an amount equal to (i) one hundred [***] percent (100%[***]) of the aggregate Purchase Price of all Bloom Systems in the Portfolio during the applicable period and the purchase price under the December 30 Xxxx of Sale (inclusive of any amounts paid or for which a pending claim has been made for a Gas Payment Shortfall under the O&M Agreement), less (ii) the aggregate of all amounts paid by Seller (or claimed against Seller in the case of any claims that are pending at the time of such calculation) with respect to claims under Sections 8.2(b) and 8.3(c) hereunder and Section 2.5(c) of the O&M Agreement. An example of an Gas Payment Shortfall calculation for purposes of a Section 8.9 claim is attached as Annex E.