Maximum Variable Charge Payment Sample Clauses

Maximum Variable Charge Payment. Notwithstanding anything to the contrary, the maximum aggregate Variable Charge Payments payable to Operator for any Calendar Year shall not exceed an amount (the "Variable Charge Cap") equal to twenty percent (20%) of the sum of the Allocated Fixed O&M Cost Payments, Variable Charge Payments, and Fuel Management Fee paid to Operator for such Calendar Year. If the payment of the Variable Charge Payment for any month would cause the sum of all Variable Charge Payments for the applicable Calendar Year to exceed the Variable Charge Cap, then the amount (the "Variable Charge Excess") by which such sum exceeds the Variable Charge Cap shall not be payable to Operator. Thereafter, if the sum of all Variable Charge Payments for the applicable Calendar Year actually paid to Operator is less than the Variable Charge Cap, then there shall be paid to Operator with the next monthly payment pursuant to Section 7.1, an amount equal to the lesser of (i) the difference between the sum of all Variable Charge Payments for the applicable Calendar Year actually paid to Operator (taking into consideration such month's payments) and the Variable Charge Cap and (ii) the aggregate Variable Charge Excesses not paid to Operator for such Calendar Year and any previous Calendar Years (plus a carrying charge accruing at the Default Rate until such Variable Charge Excesses are paid).