Guaranteed Output Sample Clauses

Guaranteed Output. Subject to the conditions set forth in this Section D, Sunrun guarantees that the Solar System will generate ninety-five percent (95%) of the Estimated Output during the Initial Term of this Agreement as set forth in Exhibit A (the "Guaranteed Output"). Subject to the conditions set forth in this Section D, Sunrun will issue you a refund if the Solar System does not generate the Guaranteed Output. Sunrun will not issue you a refund for any Solar System underproduction resulting from any system failure or lost production caused by reasons other than (a) a Solar System defect, (b) shading due to the weather or (c) shading conditions that were present at the Home at the commencement of installation. For the avoidance of doubt, Sunrun will not issue you a refund for underproduction arising from any of the following: • Underproduction arising from your failure to comply with your obligations under the Agreement. • Underproduction arising from shading conditions (other than weather) different from those that were present at the Home at the commencement of installation. • Underproduction as a result of a grid failure disabling the Solar System. • Underproduction arising from you causing or requesting the Solar System to be shut down or to generate significantly less electric energy. • Underproduction arising from damage to the Solar System caused by foreign objects acting on the Solar System (e.g. hail, golf balls, etc.) Sunrun makes no other representation, warranty or guarantee of any kind regarding the Solar System’s actual or expected output or performance and any other express or implied warranties are hereby disclaimed. Your initials indicate that you have read, understood and accepted the provisions set forth in this Section D(2). Agreed and accepted by: (Initials)
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Guaranteed Output. 6.1.1 WMRE covenants that beginning with the second (2nd) Contract Year the amount of Energy sold to City Light during each Contract Year will be greater than the Guaranteed Output. If WMRE fails to sell to City Light the Guaranteed Output during any Contract Year after the first Contract Year, then WMRE shall pay City Light an amount determined as follows: Exhibit I, Replacement Energy Cost Example Calculation. 6.1.2 No later than February 10 of each Contract Year, beginning with the third Contract Year, City Light shall deliver to WMRE an invoice showing City Light’s computation of the number of MWh of Energy delivered to City Light by WMRE as measured at the Meter and WMRE’s Guaranteed Output for the immediately preceding Contract Year as well as any amount due City Light as Replacement Energy Cost. WMRE shall pay such amount to City Light by wire transfer of immediately available funds by the later of ten (10) Days after WMRE’s receipt of City Light’s statement or the 20th Day of the month in accordance with the wire transfer instructions set out in Exhibit K, Contact Information, as it may be changed from time to time, or to the account specified in writing by City Light for such purpose or by any other means agreed to by the Parties in writing from time to time, provided that any disputed invoices shall be treated as set forth in Section 10.4.
Sample 1
Guaranteed Output. Guaranteed Output with respect to the following Initial Project, at the relevant rated summer conditions for such Project, are set forth below: ------------------------------------------------------------------------------------------------------------------ Summer Summer Dry Power Power HP IP Condenser Condenser Peak Bulb Relative Fuel Factor Factor Blowdown Blowdown Makeup Makeup Capacity * Temperature Humidity Elevation Temperature** (GT) (ST) Flow Flow Flow Temp. ------------------------------------------------------------------------------------------------------------------ MW F % Ft. F - - % % Lb/Hr F ------------------------------------------------------------------------------------------------------------------ Goat Rock 1 571 95.0 40.0 560 25.0 0.82 0.98 0.5 1.0 224,005 83 Goat Rock 2 615 95.0 39.8 560 25.0 0.82 0.95 0.5 1.0 226,689 83 Autaugaville 1 618 95.0 44.3 200 25.0 0.82 0.95 0.5 1.0 229,045 83 Autaugaville 2 618 95.0 44.3 200 25.0 0.82 0.95 0.5 1.0 229,045 83 Wansley 1134 95.0 42.5 740 00.0 0.83 0.98 0.5 1.0 221,913 80 ------------------------------------------------------------------------------------------------------------------ * All to the high side of the generator step-up transformer ** 25F is as of the gas is delivered to each combustion turbine. The gas is then heated by the Project's process before entry to the combustion turbine burner SCHEDULE V SOUTHERN POWER COMPANY CREDIT AGREEMENT TESTING PROCEDURES A. COMBINED-CYCLE PROJECTS Introduction: ------------ The procedures and required tests which must be completed prior to Southern's certification of Substantial Completion and Final Completion with respect to an Uncompleted Project which is a combined-cycle electric generation plant are set forth below. The capacity and heat rate tests for such Project may be conducted independently; provided that if the Guaranteed Heat Rate and Guaranteed Output for such Project are based upon the same ambient conditions and operating mode (e.g., base mode, full pressure and power augmentation), the capacity and heat rate tests for such Project shall be conducted simultaneously. The tests will be conducted by the owner according to a test procedure (incorporating the relevant matters set forth herein) provided by the owner and approved by Southern Company Services, Inc. ("SCS") and the purchaser of energy from such Project under each Power Purchase Agreement, if any, applicable thereto. The test procedure will be based on ASME PTC 46-1996 ("P...
Sample 1
Guaranteed Output. Seller guarantees that the annual production of energy from the Facility in each Contract Year beginning with the first full Contract Year shall be no less than [ ] MWh (the “Guaranteed Output”). Energy that is not delivered because it has been curtailed under Section 4.4.2 shall be deemed delivered for purposes of calculating the annual production of energy from the Facility.
Sample 1
Guaranteed Output. Seller hereby guarantees that Buyer’s Allocated Percentage of Delivered Energy will be at least ninety percent (90%) of Buyer’s Allocated Percentage multiplied by Adjusted Annual Expected Performance Output (the “Guaranteed Output”). For purposes of calculating whether the Guaranteed Output has been achieved, within forty-five (45) days following each anniversary of the Commercial Operation Date during the Term, Seller shall deliver to Buyer a report (the “Seller’s Report”) describing Buyer’s Allocated Percentage, the amount of Excused Output, the Delivered Energy, the inputs used to calculate the Adjusted Annual Expected Performance Output, the Annual Expected Performance Output and whether the Delivered Energy achieves the Guaranteed Output.
Sample 1

Related to Guaranteed Output

  • Guaranteed Obligations The Guarantor, in consideration of the execution and delivery of the Note Purchase Agreement and the purchase of the Notes by the Purchasers, hereby irrevocably, unconditionally and absolutely guarantees, on a continuing basis, to each Noteholder as and for the Guarantor’s own debt, until final and indefeasible payment of the amounts referred to in clause (a) below has been made: (a) the due and punctual payment by the Company of the principal of, and the Make-Whole Amount (if any) and interest on, the Notes at any time outstanding and the due and punctual payment of all other amounts payable, and all other Indebtedness owing, by the Company to the Noteholders under the Note Purchase Agreement and the Notes (including, without limitation, any monetary obligations incurred during the pendency of any bankruptcy, insolvency, winding-up, receivership or other similar proceeding regardless of whether allowed or allowable in such proceeding including, without limitation, interest accrued on the Notes during any such proceeding), in each case when and as the same shall become due and payable, whether at maturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise, all in accordance with the terms and provisions hereof and thereof; it being the intent of the Guarantor that the guarantee set forth herein shall be a continuing guarantee of payment and not a guarantee of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by the Company of all duties, agreements, covenants and obligations of the Company contained in the Note Purchase Agreement and the Notes. All of the obligations set forth in clause (a) and clause (b) of this Section 2.1 are referred to herein as the “Guaranteed Obligations.”

  • Guaranteed Maximum Costs The City’s payment obligation to Contractor cannot at any time exceed the amount certified by City’s Controller for the purpose and period stated in such certification. Absent an authorized Emergency per the City Charter or applicable Code, no City representative is authorized to offer or promise, nor is the City required to honor, any offered or promised payments to Contractor under this Agreement in excess of the certified maximum amount without the Controller having first certified the additional promised amount and the Parties having modified this Agreement as provided in Section 11.5, “Modification of this Agreement.”

  • Prior Payment of Guaranteed Obligations In any proceeding under any Bankruptcy Law relating to any other Loan Party, each Guarantor agrees that the Secured Parties shall be entitled to receive payment in full in cash of all Guaranteed Obligations (including all interest and expenses accruing after the commencement of a proceeding under any Bankruptcy Law, whether or not constituting an allowed claim in such proceeding (“Post Petition Interest”)) before such Guarantor receives payment of any Subordinated Obligations.

  • Definition of Guaranteed Obligations As used herein, the term “Guaranteed Obligations” means:

  • Guaranteed Maximum Price The total monies payable to Developer under the terms and conditions of the Contract Documents.

  • Limitation on Guaranteed Obligations Each Guarantor and each Secured Creditor (by its acceptance of the benefits of this Guaranty) hereby confirms that it is its intention that this Guaranty not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy Code, the Uniform Fraudulent Conveyance Act of any similar Federal or state law. To effectuate the foregoing intention, each Guarantor and each Secured Creditor (by its acceptance of the benefits of this Guaranty) hereby irrevocably agrees that the Guaranteed Obligations guaranteed by such Guarantor shall be limited to such amount as will, after giving effect to such maximum amount and all other (contingent or otherwise) liabilities of such Guarantor that are relevant under such laws and after giving effect to any rights to contribution pursuant to any agreement providing for an equitable contribution among such Guarantor and the other Guarantors, result in the Guaranteed Obligations of such Guarantor in respect of such maximum amount not constituting a fraudulent transfer or conveyance.

  • Guaranteed Maximum Price (GMP Construction Manager guarantees that it shall not exceed a Guaranteed Maximum Price (GMP) of Four Hundred Eighteen Thousand, Six Hundred Eighty-Six Dollars and Eighteen Cents ($418,686.18) for the identified Sub-Project.

  • Guaranteed Indebtedness No Credit Party shall create, incur, assume or permit to exist any Guaranteed Indebtedness except (a) by endorsement of instruments or items of payment for deposit to the general account of any Credit Party, and (b) for Guaranteed Indebtedness incurred for the benefit of any other Credit Party if the primary obligation is expressly permitted by this Agreement.

  • Guaranteed Delivery Notwithstanding the foregoing, if a shareholder desires to tender Shares pursuant to the Offer and the certificates for the Shares to be tendered are not immediately available, or time will not permit the Letter of Transmittal and all documents required by the Letter of Transmittal to reach the Depositary prior to 5:00 P.M. Eastern Time on the Expiration Date, or a shareholder cannot complete the procedures for delivery by book-entry transfer on a timely basis, then such shareholder's Shares may nevertheless be tendered, provided that all of the following conditions are satisfied: (i) the tender is made by or through an Eligible Institution; and (ii) a properly completed and duly executed Notice of Guaranteed Delivery in the form provided by the Fund is received by the Depositary prior to 5:00 P.M. Eastern Time on the Expiration Date; and (iii) the certificates for all such tendered Shares, in proper form for transfer, or a Book-Entry Confirmation with respect to such Shares, as the case may be, together with a Letter of Transmittal properly completed and bearing original signature(s) and the original of any required signature guarantee(s) (or, in the case of a book-entry transfer, an Agent's Message) and any documents required by the Letter of Transmittal, are received by the Depositary prior to 5:00 P.M. Eastern Time on the third NYSE trading day after the date of execution of the Notice of Guaranteed Delivery. The Notice of Guaranteed Delivery may be delivered by hand or transmitted by facsimile transmission or mail to the Depositary and must include a guarantee by an Eligible Institution and a representation that the shareholder owns the Shares tendered within the meaning of, and that the tender of the Shares effected thereby complies with, Rule 14e-4 under the Exchange Act, each in the form set forth in the Notice of Guaranteed Delivery. THE METHOD OF DELIVERY OF ANY DOCUMENTS, INCLUDING SHARE CERTIFICATES, THE LETTER OF TRANSMITTAL AND ANY OTHER REQUIRED DOCUMENTS, IS AT THE OPTION AND SOLE RISK OF THE TENDERING SHAREHOLDER. IF DOCUMENTS ARE SENT BY MAIL, REGISTERED MAIL WITH RETURN RECEIPT REQUESTED, PROPERLY INSURED, IS RECOMMENDED. Shareholders have the responsibility to cause their Shares tendered (in proper certificated or uncertificated form), the Letter of Transmittal properly completed and bearing original signature(s) and the original of any required signature guarantee(s) and any other documents required by the Letter of Transmittal, to be timely delivered. Timely delivery is a condition precedent to acceptance of Shares for purchase pursuant to the Offer and to payment of the purchase amount. Notwithstanding any other provision hereof, payment for Shares accepted for payment pursuant to the Offer will in all cases be made only after timely receipt by the Depositary of Share certificates evidencing such Shares or a Book-Entry Confirmation of the delivery of such Shares (if available), a Letter of Transmittal properly completed and bearing original signature(s) and the original of any required signature guarantee(s) or, in the case of a book-entry transfer, an Agent's Message and any other documents required by the Letter of Transmittal.

  • No Guaranteed Work Work authorizations are issued at the discretion of the State. While it is the State's intent to issue work authorizations hereunder, the Engineer shall have no cause of action conditioned upon the lack or number of work authorizations issued.

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