Guaranteed Capacity Clause Samples

Guaranteed Capacity. Owner guarantees the Project will maintain Capacity not less than the Contract Capacity (“Guaranteed Capacity”) for the Contract Term, as measured in the Storage Rating Tests described in Exhibit C.

Guaranteed Capacity. Owner guarantees the Project will maintain Capacity not less than the Contract Capacity (“Guaranteed Capacity”) for the Contract Term, as measured in the Storage Rating Tests described in Exhibit C. Capacity Liquidated Damages. If the Storage Capacity Rating is less than the Guaranteed Capacity, then Owner shall owe NYSEG liquidated damages equal to: (Contract Capacity – Storage Capacity Rating) x U.S. $[XXXX] per MW-day x Cure Days

Guaranteed Capacity. MW of total Facility capacity Renewable Rate:

Guaranteed Capacity. 4.2.1. At all times during the Term of this Agreement, Millipore agrees to have VMF4 Line capacity sufficient to handle projected philic Membrane volumes hereunder of up to 280,000 feet (~800 hours) per quarter. If necessary and at Millipore’s discretion, this capacity can be accomplished by either moving Millipore products (i.e. products other than the Membranes covered by this Agreement) to Millipore’s MML hydrophilization equipment or by moving philic Membranes covered by this Agreement to the MML hydrophilization equipment if mutually agreed upon with cost impact to be agreed upon in advance. 4.2.2. At all times during the Facility Term, Millipore agrees to have (i) Film 1 Annealing Line processing capacity sufficient to handle projected phobic Membrane volumes hereunder of up to 3,200,000 feet (~1400 hours) per quarter, and (ii) mix capacity sufficient to handle up to four (4) mixes of 400 pounds each on any days on which Entegris is running its extrusion process on the Premises. 4.2.3. At all times during the Facility Term, Entegris agrees to generally schedule operations in alignment with Millipore’s plan for shutdown periods and holidays. However, it is acknowledged and agreed that there will be times of high demand during the Facility Term where Entegris will be required to run the Entegris Equipment during these times. In such cases, Millipore and Entegris will mutually agree on a plan allowing for high utilization of the Entegris Equipment. 4.2.4. Subject to any new or changed restrictions imposed by the applicable air emission permit(s), Entegris agrees to have sufficient capacity, across all relevant process steps, to meet Millipore’s projected demand for phobic UPE Membranes that meet agreed specifications and qualification in an amount of guaranteed capacity per each calendar quarter during the Term of this Agreement of 300,000 feet. Through mutual written agreement, this guaranteed capacity level can be reduced to 200,000 feet for a mutually agreed upon time period should Millipore’s firm and forecasted releases warrant.

Guaranteed Capacity. 130,000 m3 of LNG stored in the LNG System Infrastructure.

Guaranteed Capacity. During the Term and subject to the terms and conditions of this Agreement and the Refined Products Pipelines and Terminals Agreement, and subject to HFRM’s satisfaction of its obligations hereunder, the Operating Partnership and HEP Refining, as applicable, shall operate and maintain, or cause to be operated and maintained, the Tucson Terminal so that at all times the Tucson Terminal has an available capacity to handle and store at least the Guaranteed Throughput for the exclusive use by HFRM for itself and for other shippers with whom HFRM contracts (the “Guaranteed Capacity”). Any such contracts between any of HFRM and any third party shall be subject to all relevant terms and conditions that apply to the use of the Tucson Terminal by HFRM.

Guaranteed Capacity. Seller guarantees to Buyer that the Plant shall produce and deliver to Buyer during the Capacity Need Hours the Capacity set forth on Exhibit A. Seller understands that the failure to deliver the specified Capacity in accordance with Exhibit A shall be a breach of this Agreement.

Guaranteed Capacity. Owner guarantees the Project will maintain Capacity not less than the Contract Capacity (“Guaranteed Capacity”) for the Contract Term, as measured in the Storage Rating Tests described in Exhibit C. Capacity Liquidated Damages. If the Storage Capacity Rating is less than the Guaranteed Capacity, then Owner shall owe CHGE liquidated damages equal to: 2 Value subject to change based upon further wholesale market model revenue revisions. 3 Same as 2 above. ((Contract Capacity) – (Storage Capacity Rating)) x (U.S. $[690.00]/MW-day 5) x (Cure Days)

Guaranteed Capacity. Newco agrees that it will allocate sufficient production capacity to Spectrian to meet [***] of the Minimum Commitment, subject to the other provisions of this Agreement, including the provisions of Section 2.4 regarding lead times.