Guaranteed Energy Production. (A) Throughout the Delivery Term, Seller shall be required to provide to Buyer an amount of Delivered Energy plus Deemed Delivered Energy, if any, no less than the Guaranteed Energy Production over two (2) consecutive Contract Years during the Delivery Term (“Performance Measurement Period”). “
Guaranteed Energy Production. Seller shall deliver to Buyer no less than the Guaranteed Energy Production in each Performance Measurement Period. The “Guaranteed Energy Production” means an amount of Energy, as measured in MWh, equal to the total Expected Energy for the applicable Performance Measurement Period multiplied by the applicable percentage, based on technology type: Wind: 75% Geothermal: 90% Small Hydro: 85% The “Performance Measurement Period” shall be each two (2) consecutive Contract Year period during the Delivery Term, except for geothermal, which shall be each Contract Year, all calculated on a rolling basis. For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer (i) any Deemed Delivered Energy and (ii) Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of Force Majeure Events, System Emergency, and Curtailment Periods (the “Adjusted Energy Production”). If Seller fails to achieve the Guaranteed Energy Production amount in any Performance Measurement Period, Seller shall pay Buyer liquidated damages equal to (a) the difference of the Guaranteed Energy Production less the Adjusted Energy Production, multiplied by (b) the replacement price for the energy and RECs less the Contract Price. No payment shall be due if the calculation yields a negative number.
Guaranteed Energy Production. The Parties agree that if the Project’s technology type, as set forth on the Cover Sheet, is small hydro facility, then this Section 3.1(e)(ii) and definitions provided or referred to hereunder shall not apply to either Party and Section 5.1(b)(v) shall not apply to Seller.
Guaranteed Energy Production. During each Performance Measurement Period, Seller shall deliver to Buyer an amount of Adjusted Energy Production for the Performance Measurement Period, in MWh equal to no less than the Guaranteed Energy Production. If Seller fails to achieve the Guaranteed Energy Production amount in any Performance Measurement Period, Seller shall pay Buyer liquidated damages calculated in accordance with Exhibit G.
Guaranteed Energy Production. During each Performance Measurement Period during the Delivery Term, Seller shall deliver to Buyer an amount of PV Energy, not including any Excess MWh, equal to no less than the Guaranteed Energy Production (as defined below). “
Guaranteed Energy Production. Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production in each Performance Measurement Period. Seller shall be excused from achieving the Guaranteed Energy Production during any Performance Measurement Period only to the extent of any Force Majeure Events, System Emergency, Buyer’s Default or other failure to perform, Curtailment Periods, or
Guaranteed Energy Production. Seller shall deliver to Buyer no less than the Guaranteed Energy Production in each Performance Measurement Period. The “Guaranteed Energy Production” means an amount of Energy, as measured in MWh, equal to the total Expected Energy for the applicable Performance Measurement Period multiplied by eighty-five percent (85%). The “Performance Measurement Period” shall be each two (2) consecutive Contract Year period during the Delivery Term, calculated on a rolling basis (e.g., Contract Years 1-2, 2-3, 3-4, etc.). For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer (i) any Deemed Delivered Energy and (ii) Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of Force Majeure Events, System Emergency, and Curtailment Periods (the “Adjusted Energy Production”). If Seller fails to achieve the Guaranteed Energy Production amount in any Performance Measurement Period, Seller shall pay Buyer liquidated damages equal to (a) the difference of the Guaranteed Energy Production less the Adjusted Energy Production, multiplied by (b) the replacement price for the energy and RECs less the Renewable Rate. No payment shall be due if the calculation yields a negative number.
Guaranteed Energy Production. (A) Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production over [two (2) consecutive Contract Years] during the Delivery Term (“Performance Measurement Period”). [Short Term Offers: Performance Measurement Period to be revised based on Delivery Term] “Guaranteed Energy Production” means an amount of Delivered Energy, as measured in MWh, equal to the product of (x) and (y), where (x) is one hundred sixty percent (160%) of the Contract Quantity [Photovoltaic facilities only to use the then-applicable Contact Quantities for the Performance Measurement Period], and (y) is the difference between (I) and (II), with the resulting difference divided by (I), where (I) is the number of hours in the applicable Performance Measurement Period and (II) is the aggregate number of Seller Excuse Hours in the applicable Performance Measurement Period. Guaranteed Energy Production is described by the following formula: Guaranteed Energy Production = (160% * Contract Quantity in MWh) * [(Hrs in Performance Measurement Period – Seller Excuse Hrs) / Hrs in Performance Measurement Period] [Use the following bracketed language for wind facility]
Guaranteed Energy Production. (a) GEP Calculation. Seller shall ensure that the Facility generates and delivers to Buyer no less than the “Guaranteed Energy Production” or “GEP” over each period of two (2) consecutive
Guaranteed Energy Production. Seller shall deliver to Buyer no less than the Guaranteed Energy Production (as defined below) in each two (2) consecutive Contract Year period during the Delivery Term (“Performance Measurement Period”). “Guaranteed Energy Production” means an amount of Adjusted Energy Production (as defined below), as measured in MWh, equal to or greater than ninety percent (90%) of the total aggregate Expected Energy for the applicable Performance Measurement Period. The Adjusted Energy Production will be used for purposes of determining whether Seller has achieved the Guaranteed Energy Production. The “Adjusted Energy Production” equals the Delivered Energy for the applicable Performance Measurement Period, plus (a) any Deemed Delivered Energy and (b) Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of Force Majeure Events and Curtailment Periods. If Seller fails to achieve the Guaranteed Energy Production amount in any Performance Measurement Period, Seller shall pay Buyer liquidated damages equal to (i) the difference between the Guaranteed Energy Production and the Adjusted Energy Production, multiplied by (ii) difference between (A) the replacement price for Portfolio Content Category 1 renewable energy and RECs of the same vintage, delivery profile, and resource and (B) the Contract Price. No payment shall be due if the calculation yields a negative number.
