Makeup of Shortfall. During each Contract Year, all Delivered Energy during such Contract Year shall first be applied to the determination of whether Seller has delivered the Guaranteed Generation. Except to the extent caused by a Force Majeure (but subject to the provisions of Section 14.6(a) providing that the obligations of Seller with respect to satisfaction of Guaranteed Generation under this Article IX not satisfied due to Force Majeure are not excused, but such required delivery shall be extended for the duration of the Force Majeure), or except for curtailment under Section 7.4 or Buyer’s failure to accept Facility Energy in accordance with this Agreement, if Seller fails during any Contract Year to deliver Delivered Energy in an amount equal to the Guaranteed Generation, then Seller shall make-up that shortfall of Delivered Energy (such shortfall between the Guaranteed Energy and the Delivered Energy, “Shortfall Energy”) in the same Contract Year in accordance with this Article IX.
Makeup of Shortfall. Within thirty (30) days after the end of each Contract Year, Seller shall provide Buyers’ Agent with a calculation of Facility Energy for such Contract Year. If Seller fails during any Contract Year to deliver Facility Energy in an amount equal to the Guaranteed Generation for the Facility, then Seller shall make up the shortfall of Facility Energy (“Shortfall Energy”) in accordance with this Article IX.
Makeup of Shortfall. If Seller fails to deliver the full Guaranteed Annual Quantity during any Contract Year, then Seller shall make up this shortfall of Delivered Guaranteed Generation (“Shortfall Energy”) by delivery of Energy to Buyer as provided in Section 12.2 no later than three (3) Contract Years following the shortfall, or four (4) Contract Years if said shortfall is caused by a Force Majeure.
Makeup of Shortfall. If in any Contract Year the amount of Delivered Energy is less than the Guaranteed Annual Quantity for such Contract Year (such difference constituting for such Contract Year, the “Shortfall Energy”), then, subject to Section 10.2, Seller shall remedy such shortfall by delivering Energy to the Point of Delivery, including any associated Environmental Attributes, to Buyer in an amount equal to the Shortfall Energy during the applicable Shortfall Make Up Period. The make up period for such shortfall shall be (a) if the shortfall in such Contract Year is equal to or greater than ten percent (10%) of the Guaranteed Annual Quantity for such Contract Year, the next succeeding Contract Year following the Contract Year in which a shortfall occurred (the “One Year Shortfall Make Up Period”), provided, however, that Seller shall have an additional One Year Shortfall Make Up Period to make up the shortfall if, at the end of the original One Year Shortfall Make Up Period, the shortfall has been reduced to a level less than ten percent (10%) of such Guaranteed Annual Quantity; and (b) if the amount of Shortfall Energy in a Contract Year is less than ten percent (10%) of the Guaranteed Annual Quantity for such Contract Year, the next succeeding two (2) Contract Years following the Contract Year in which such shortfall occurred (the “Two Year Shortfall Makeup Period”). The One Year Shortfall Make Up Period may be extended on a day-for-day basis for Force Majeure events, but in no event longer than one (1) Contract Year following the end of the One Year Shortfall Make Up Period. Buyer shall not be obligated to make any additional payment for any Energy provided to Buyer to replace Shortfall Energy.
Makeup of Shortfall. 48 Section 9.2 Replacement Product ......................................................................... 48 Section 9.3 Shortfall Damages .............................................................................. 49 Section 9.4
Makeup of Shortfall. If during any of the two (2) consecutive Contract Year periods during the Delivery Term identified in Appendix G (each such two-year period, an “Output Period” (e.g., the first Output Period consists of Contract Years 1 and 2, the second Output Period consists of Contract Years 3 and 4, the third Output Period consists of Contract Years 5 and 6, and so on)), the amount of Facility Energy made available at the Point of Delivery (plus (a) all Deemed Delivered Energy for such Output Period, and (b) the amount of Facility Energy that would have been delivered to the Point of Delivery but for a Force Majeure or Buyer breach or default that limits Buyer’s ability to receive or Seller’s ability to make such deliveries occurring during such Output Period, as calculated, for purposes of this Section 9.1, using the methodology set forth in Section 7.5(e)), is less than the Guaranteed Generation for such Output Period (such difference in amount for such period, the “Shortfall Energy”), then, subject to Section 9.2, Seller shall remedy such shortfall by delivering to Buyer during the Output Period immediately following the Output Period in which the Shortfall Energy accrues (the “Shortfall Make Up Period”) an amount of Facility Energy (and associated Green Attributes) equal to the Shortfall Energy (in addition to the Guaranteed Generation for the Shortfall Make Up Period).
Makeup of Shortfall. Within thirty (30) days after (i) the end of the first full Contract Year and (ii) the end of each succeeding Contract Year, Seller shall provide Buyer with a calculation of Facility Energy for such Contract Year. If Seller fails during any Contract Year to deliver Facility Energy in an amount equal to the Guaranteed Generation for the Facility, then Seller shall make up the shortfall of Facility Energy (“Shortfall Energy”) in accordance with this ARTICLE IX. During the Shortfall Makeup Period, the amount of Shortfall Energy shall be reduced by the amount of any Facility Energy or Deemed Generated Energy delivered or deemed to be delivered above the Guaranteed Generation, including Excess Energy, during the applicable Shortfall Makeup Period. If Seller fails to make up the full amount of any Shortfall Energy by the end of the Shortfall Makeup Period, or the end of an RPS Compliance Period, as applicable, Buyer may elect, in its sole discretion, to receive, for any deficiency in Shortfall Energy, Replacement Product in accordance with Section 9.2 or Shortfall Damages in accordance with Section 9.3.
Makeup of Shortfall. If in any Contract Year the amount of Delivered Energy (excluding Makeup Energy and Delivered Energy associated with Replacement Energy delivered during such Contract Year) and Deemed Generated Energy is less than the Guaranteed Annual Delivered Energy for such Contract Year, then Seller shall make up such shortfall of Delivered Energy (“Shortfall Energy”) in accordance with this Article IX.
Makeup of Shortfall. 41 Section 9.2 Replacement Energy .......................................................................... 41 Section 9.3 Shortfall Liquidated Damages ........................................................... 41 Section 9.4 Availability Requirement................................................................... 42 Section 9.5 Shortfall Energy Termination ............................................................ 42
Makeup of Shortfall. If during any of the two (2) consecutive Contract Year periods during the Delivery Term identified in Appendix G (each such period, an “Output Period”), the amount of Facility Energy made available at the Point of Delivery (plus (a) all Deemed Delivered Energy for such Output Period, and (b) the amount of Facility Energy that would have been delivered to the Point of Delivery but for a Force Majeure occurring during such Output Period as calculated, for purposes of this Section 9.1, using the methodology set forth in Section 7.5(e)) is less than the Guaranteed Generation for such Output Period (such difference in amount for such period, the “Shortfall Energy”), then, subject to Section 9.2, Seller shall remedy such shortfall by delivering to Buyer during the Output Period immediately following the Output Period in which the Shortfall Energy accrues (the “Shortfall Make Up Period”) an amount of Facility Energy (and associated Green Attributes) equal to the Shortfall Energy (in addition to the Guaranteed Generation for the Shortfall Make Up Period).
