Common use of Minimum Annual Energy Clause in Contracts

Minimum Annual Energy. (a) Beginning on the Commercial Operation Date and continuing through the end of the Term, for each Contract Year, Seller shall use Commercially Reasonable Efforts to deliver the Minimum Annual Energy to the MISO wholesale energy market. (b) For any period during which Seller is unable to deliver Net Energy due to Force Majeure or a System Emergency, for the purpose of determining the delivery of the Mininimum Annual Energy, Seller will be deemed to have been delivering Net Energy at a rate equivalent to the Monthly average of the Net Energy deliveries that occur during the Contract Month immediately following the Contract Month in which the condition preventing Seller from delivering Net Energy concludes. (c) Beginning in the third Contract Year and continuing through the end of the Term, if Seller fails to deliver the Minimum Annual Energy for 2 consecutive Contract Years, then Seller shall determine the amount by which the sum of Minimum Annual Energy for those 2 Contract Years exceeds the sum of the Net Energy actually delivered in those 2 Contract Years, and that difference will be the “Minimum Energy Shortfall” applicable to the 2 Contract Years. Seller may remedy the Minimum Energy Shortfall by delivering, at any time during the following 2 Contract Years, Net Energy in a total amount that exceeds the Minimum Annual Energy for the applicable Contract Year, by crediting against the Minimum Energy Shortfall the excess of Net Energy delivered in the Contract Year above the Minimum Annual Energy for that Contract Year. (d) If Seller fails to fully remedy a Minimum Energy Shortfall as provided in section 6.4(c) by the end of the second Contract Year following the 2 Contract Years for which there was an unremedied Minimum Energy Shortfall, then for that Contract Year and the subsequent Contract Year, Buyer may reduce each Contract Month’s Initial Settlement Payment to Seller as determined in accordance with section 6.4(c) (such reduction is referred to herein as “Shortfall Damages Payment”); except that payments under this agreement will not be reduced under this section 6.4(d) in any Contract Year in excess of the amount of the Annual Damages Cap, and payments under this agreement will not be reduced under this section 6.4(d) if the Total Damages Cap for the Term has been reached.

Minimum Annual Energy. (a) Beginning on the Commercial Operation Date and continuing through the end of the Term, for each Contract Year, Seller shall use Commercially Reasonable Efforts to deliver the Minimum Annual Energy to the MISO wholesale energy market. (b) For any period during which Seller is unable to deliver Net Energy due to Force Majeure or a System Emergency, for the purpose of determining the delivery of the Mininimum Annual Energy, Seller will be deemed to have been delivering Net Energy at a rate equivalent to the Monthly average of the Net Energy deliveries that occur during the Contract Month immediately following the Contract Month in which the condition preventing Seller from delivering Net Energy concludes. (c) Beginning in the third Contract Year and continuing through the end of the Term, if Seller fails to deliver the Minimum Annual Energy for 2 consecutive Contract Years, then Seller shall determine the amount by which the sum of Minimum Annual Energy for those 2 Contract Years exceeds the sum of the Net Energy actually delivered in those 2 Contract Years, and that difference will be the “Minimum Energy Shortfall” applicable to the 2 Contract Years. Seller may remedy the Minimum Energy Shortfall by delivering, at any time during the following 2 Contract Years, Net Energy in a total amount that exceeds the Minimum Annual Energy for the applicable Contract Year, by crediting against the Minimum Energy Shortfall the excess of Net Energy delivered in the Contract Year above the Minimum Annual Energy for that Contract Year. (d) If Seller fails to fully remedy a Minimum Energy Shortfall as provided in section 6.4(c6.4(c)6.4(c)6.4(c) by the end of the second Contract Year following the 2 Contract Years for which there was an unremedied Minimum Energy Shortfall, then for that Contract Year and the subsequent Contract Year, Buyer may reduce each Contract Month’s Initial Settlement Payment to Seller as determined in accordance with section 6.4(c6.4(c)6.4(c)6.4(c) (such reduction is referred to herein as “Shortfall Damages Payment”); except that payments under this agreement will not be reduced under this section 6.4(d6.4(d)6.4(d)6.4(d) in any Contract Year in excess of the amount of the Annual Damages Cap, and payments under this agreement will not be reduced under this section 6.4(d6.4(d)6.4(d)6.4(d) if the Total Damages Cap for the Term has been reached.

Minimum Annual Energy. (a) Beginning on the Commercial Operation Date and continuing through the end of the Term, for each Contract Year, Seller shall use Commercially Reasonable Efforts to deliver the Minimum Annual Energy to the MISO wholesale energy market. (b) For any period during which Seller is unable to deliver Net Energy due to Force Majeure or a System Emergency, for the purpose of determining the delivery of the Mininimum Annual Energy, Seller will be deemed to have been delivering Net Energy at a rate equivalent to the Monthly average of the Net Energy deliveries that occur during the Contract Month immediately following the Contract Month in which the condition preventing Seller from delivering Net Energy concludes. (c) Beginning in the third Contract Year and continuing through the end of the Term, if Seller fails to deliver the Minimum Annual Energy for 2 consecutive Contract Years, then Seller shall determine the amount by which the sum of Minimum Annual Energy for those 2 Contract Years exceeds the sum of the Net Energy actually delivered in those 2 Contract Years, and that difference will be the “Minimum Energy Shortfall” applicable to the 2 Contract Years. Seller may remedy the Minimum Energy Shortfall by delivering, at any time during the following 2 Contract Years, Net Energy in a total amount that exceeds the Minimum Annual Energy for the applicable Contract Year, by crediting against the Minimum Energy Shortfall the excess of Net Energy delivered in the Contract Year above the Minimum Annual Energy for that Contract Year. (d) If Seller fails to fully remedy a Minimum Energy Shortfall as provided in section 6.4(c) by the end of the second Contract Year following the 2 Contract Years for which there was an unremedied Minimum Energy Shortfall, then for that Contract Year and the subsequent Contract Year, Buyer may reduce each Contract Month’s Initial Settlement Payment to Seller as determined in accordance with section 6.4(c) (such reduction is referred to herein as “Shortfall Damages Payment”); except that payments under this agreement will not be reduced under this section 6.4(d) in any Contract Year in excess of the amount of the Annual Damages Cap, and payments under this agreement will not be reduced under this section 6.4(d) if the Total Damages Cap for the Term has been reached.reached99.100