Minimum Guaranteed Output. If the System fails to generate at least ninety-five percent (95%) of the Estimated Annual Production for a full Term Year (such amount, the “Minimum Guaranteed Output”), other than as a result of the acts or omissions of Purchaser or the Local Electric Utility (including a Disruption Period), or an Event of Force Majeure, Provider shall credit Purchaser an amount equal to Purchaser’s Lost Savings on the next invoice or invoices during the following Term Year. The formula for calculating Lost Savings for the applicable Term Year is as follows: Lost Savings = (MGO*WPR - AE) x RV MGO = Minimum Guaranteed Output, as measured in total kWh, for the System for the applicable Term Year. WPR = Weather Performance Ratio, measured as the ratio of the actual insolation over typical (pro- forma) insolation. Such Weather Performance Ratio shall only apply if the ratio is less than 1.00. AE = Actual Electricity, as measured in total kWh, delivered by the System for the Term Year plus the estimated lost energy production during a Disruption Period. RV = (ATP - kWh Rate) ATP = Average tariff price, measured in $/kWh, for the Term Year paid by Purchaser with respect to the Premises. This price is determined by dividing the total cost for delivered electricity, including all charges associated with such electricity howsoever named, including, without limitation, charges for distribution, transmission, demand, and systems benefits, paid to the Local Electric Utility during the applicable Term Year by the total amount of delivered electricity by the electric utility during such Term Year. kWh Rate = the kWh Rate in effect for the applicable Term Year(s), measured in $/kWh. If the RV is zero or less, then no Lost Savings payment is due to Purchaser. Any Lost Savings payment shall occur no later than sixty (60) days after the end of the Term Year during which such Lost Savings occurred.
Minimum Guaranteed Output. If the System fails to generate at least ninety percent (90%) of the Estimated Annual Production set forth in Schedule 4 of the Special Conditions with respect to the System for a full Contract Year (such amount, the “Minimum Guaranteed Output”), other than as a result of the acts or omissions of Purchaser (including, without limitation, pursuant to Section 4.3) or the Local Electric Utility, or an Event of Force Majeure, Provider shall credit Purchaser an amount equal to Purchaser’s “Lost Savings” on the next invoice or invoices, (as defined herein) during the following Contract Year. The formula for calculating Lost Savings for the applicable Contract Year is as follows: Lost Savings = (MGO*WPR – AE) x RV MGO = Minimum Guaranteed Output, as measured in total kWh, for System for the applicable Contract Year.
Minimum Guaranteed Output. If the System fails to generate at least ninety percent (90%) of the Estimated Annual Production for one (1) full Term Year (such amount, the “Minimum Guaranteed Output”, and such one-year period, the “One-Year Period”, beginning with Term Year 1, and each one-year period thereafter), other than as a result of acts or omissions of Purchaser or the Local Electric Utility, or an Event of Force Majeure, Provider shall credit Purchaser an amount equal to Purchaser’s Lost Savings (as calculated below) on the next invoice or invoices issued during the immediately succeeding One-Year Period, up to the Lost Savings Cap (as defined herein) during any One-Year Period. Provided, however, that if the Actual Electricity exceeds the Minimum Guaranteed Output during any One-Year Period, such production shall accrue and roll over to apply to any subsequent One-Year Period(s). Further, Provider shall be entitled to consider any System production generated prior to the Commercial Operation Date as Actual Electricity for purposes of the calculation set forth below. The formula for calculating Lost Savings for the applicable One-Year Period is as follows: Commented [TC1]: Need several "real world" hypotheticals showing different scenarios in order to adequately assess. Lost Savings = (MGO *WPR – AE) x RV MGO = Minimum Guaranteed Output, as measured in total kWh, for System for the applicable One-Year Period. WPR = Weather Performance Ratio, measured as the ratio of the actual insolation over typical (pro-forma) insolation. Such Weather Performance Ratio shall only apply if the ratio is less than 1.00. AE = Actual Electricity, as measured in total kWh, delivered by the System for the One-Year Period. RV = (ATP – kWh Rate) ATP = Average tariff price, measured in $/kWh, for the applicable One-Year Period paid by Purchaser with respect to the Premises. This price is determined by dividing the total cost for delivered electricity, including all charges associated with such electricity howsoever named, including, without limitation, charges for CONFIDENTIAL AND PROPRIETARY distribution, transmission, demand, and systems benefits, paid to the Local Electric Utility during the applicable One-Year Period by the total amount of delivered electricity by the Local Electric Utility during such One-Year Period. kWh Rate = the kWh Rate in effect for the applicable One-Year Period, measured in $/kWh. Lost Savings Cap = System size (DC) as installed in megawatts, multiplied by $40,000. For th...
Minimum Guaranteed Output. If the System fails to generate at least ninety-five percent (95%) of the Estimated Annual Production for a full Term Year (such amount, the “Minimum Guaranteed Output”), other than as a result of the acts or omissions of Purchaser or the Local Electric Utility (including a Disruption Period), or an Event of Force Majeure, ForeFront Power shall credit due from the Purchaser pursuant to Schedule 2 of this Agreement an amount equal to Purchaser’s Lost Savings until the Lost Savings credit is exhausted. The formula for calculating Lost Savings for the applicable Term Year is as follows: LOST SAVINGS = (MGO*WPR - AE) X RV MGO = MINIMUM GUARANTEED OUTPUT, AS MEASURED IN TOTAL KWH, FOR THE SYSTEM FOR THE APPLICABLE TERM YEAR. WPR = WEATHER PERFORMANCE RATIO, MEASURED AS THE RATIO OF THE ACTUAL INSOLATION OVER TYPICAL (PRO-FORMA) INSOLATION. SUCH WEATHER PERFORMANCE RATIO SHALL ONLY APPLY IF THE RATIO IS LESS THAN 1.00. AE = ACTUAL ELECTRICITY, AS MEASURED IN TOTAL KWH, DELIVERED BY THE SYSTEM FOR THE TERM YEAR PLUS THE ESTIMATED LOST ENERGY PRODUCTION DURING A DISRUPTION PERIOD. RV = (ATP - KWH RATE) ATP = AVERAGE TARIFF PRICE, MEASURED IN $/KWH, FOR THE TERM YEAR PAID BY PURCHASER WITH RESPECT TO THE PREMISES. THIS PRICE IS DETERMINED BY DIVIDING THE TOTAL COST FOR DELIVERED ELECTRICITY, INCLUDING ALL CHARGES ASSOCIATED WITH SUCH ELECTRICITY HOWSOEVER NAMED, INCLUDING, WITHOUT LIMITATION, CHARGES FOR DISTRIBUTION, TRANSMISSION, DEMAND, AND SYSTEMS BENEFITS, PAID TO THE LOCAL ELECTRIC UTILITY DURING THE APPLICABLE TERM YEAR BY THE TOTAL AMOUNT OF DELIVERED ELECTRICITY BY THE ELECTRIC UTILITY DURING SUCH TERM YEAR. KWH RATE = THE KWH RATE IN EFFECT FOR THE APPLICABLE TERM YEAR(S), MEASURED IN $/KWH. IF THE RV IS ZERO OR LESS, THEN NO LOST SAVINGS CREDIT IS DUE TO PURCHASER. ANY LOST SAVINGS CREDIT SHALL OCCUR NO LATER THAN SIXTY (60) DAYS AFTER THE END OF THE TERM YEAR DURING WHICH SUCH LOST SAVINGS OCCURRED.
