Common use of Guaranteed Energy Production Clause in Contracts

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: Solar: 85% 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 Renewable Rate. No payment shall be due if the calculation yields a negative number.

Guaranteed Energy Production. Seller shall deliver to Buyer no less than the Guaranteed Energy Production in each Performance Measurement Period. The “Guaranteed Energy ProductionProduction or GEP” means an amount of Generating Facility 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: Solar: 85% 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 of Energy that would have been delivered to Buyer but was prevented from delivering to Buyer by reason of for Force Majeure Events, Curtailments, System Emergency, and Curtailment Periods (the “Adjusted Energy Production”)Emergencies or Buyer Default. If Seller fails to achieve the Guaranteed Energy Production amount in GEP during any Performance Measurement Period, Seller shall (a) pay to Buyer liquidated damages equal to (a) the difference of the Guaranteed Energy Production less the Adjusted Energy Production, multiplied by (b) calculated as the replacement price for energy plus Green Attributes multiplied by the energy and RECs less GEP shortfall. As an alternative to paying GEP liquidated damages, Seller may, with the Renewable Rate. No payment shall be due if prior consent of Buyer, provide Replacement Product in an amount not to exceed [XX%] of the calculation yields a negative numberExpected Energy for the previous Contract Year.

Guaranteed Energy Production. Seller shall deliver to Buyer no less than the Guaranteed Energy Production in each Performance Measurement Period. The “Guaranteed Energy ProductionProduction or GEP” means an amount of Facility 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: Solar: 85% 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 of Energy that would have been delivered to Buyer but was prevented from delivering to Buyer by reason of for Force Majeure Events, Curtailments, System Emergency, and Curtailment Periods (the “Adjusted Energy Production”)Emergencies or Buyer Default. If Seller fails to achieve the Guaranteed Energy Production amount in GEP during any Performance Measurement Period, Seller shall (a) pay to Buyer liquidated damages equal to (a) the difference of the Guaranteed Energy Production less the Adjusted Energy Production, multiplied by (b) calculated as the replacement price for energy plus Green Attributes multiplied by the energy and RECs less GEP shortfall. As an alternative to paying GEP liquidated damages, Seller may, with the Renewable Rate. No payment shall be due if prior consent of Buyer, provide Replacement Product in an amount not to exceed [XX%] of the calculation yields a negative numberExpected Energy for the previous Contract Year.

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% Solar: 85% Wind: 75% Geothermal: 90% Small Hydro: 85% The “Performance Measurement Period” shall be each two (2) consecutive Contract Year period during the Delivery Term, all calculated on a rolling basis (e.g., Contract Years 1-2, 2-3, 3-4, etc.), 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 Renewable RateContract Price. No payment shall be due if the calculation yields a negative number.