Common use of MPR Termination Rights Clause in Contracts

MPR Termination Rights. The Parties acknowledge that, although the intent of the liquidated damages payable under Section 2.6(c) (GPR Performance Metric and Liquidated Damages) is to compensate Company for the damages that Company would incur if the Seller fails to achieve the GPR Performance Metric for a MPR Assessment Period, such liquidated damages are not intended to compensate Company for the damages that Company would incur if a pattern of underperformance establishes a reasonable expectation that the Facility is likely to continue to substantially underperform the GPR Performance Metric. Accordingly, and without limitation to Company's rights under said Section 2.6(c) (GPR Performance Metric and Liquidated Damages) for those MPR Assessment Periods during which the Seller failed to achieve the GPR Performance Metric, the failure of the PV System to achieve, for each of three consecutive Contract Years, a Measured Performance Ratio of not less than the Tier 2 Bandwidth for such Contract Year shall constitute an Event of Default under Section 15.1(c) of this Agreement for which Company shall have the rights (including but not limited to the termination rights) set forth in Article 15 (Events of Default) and Article 16 (Damages in the Event of Termination by Company).

MPR Termination Rights. The Parties acknowledge that, although the intent of the liquidated damages payable under Section 2.6(c) (GPR Performance Metric Benchmark and Liquidated Damages) is to compensate Company for the damages that Company would incur if the Seller fails to achieve the GPR Performance Metric Benchmark for a MPR Assessment LD Period, such liquidated damages are not intended to compensate Company for the damages that Company would incur if a pattern of underperformance establishes a reasonable expectation that the Facility is likely to continue to substantially underperform the GPR Performance MetricBenchmark. Accordingly, and without limitation to Company's ’s rights under said Section 2.6(c) (GPR Performance Metric Benchmark and Liquidated Damages) for those MPR Assessment LD Periods during which the Seller failed to achieve the GPR Performance MetricBenchmark, the failure of the PV System Facility to achieve, for each of three consecutive Contract Years, a Measured Performance Ratio of not less than the Tier 2 Bandwidth for such Contract Year shall constitute an Event of Default under Section 15.1(c) of this Agreement for which Company shall have the rights (including but not limited to the termination rights) set forth in Article 15 (Events of Default) and Article 16 (Damages in the Event of Termination by Company).

MPR Termination Rights. The Parties acknowledge that, although the intent of the liquidated damages payable under Section 2.6(c) (GPR Performance Metric and Liquidated Damages) is to compensate Company for the damages that Company would incur if the Seller Subscriber Organization fails to achieve the GPR Performance Metric for a MPR Assessment Period, such liquidated damages are not intended to compensate Company for the damages that Company would incur if a pattern of underperformance establishes a reasonable expectation that the Facility is likely to continue to substantially underperform the GPR Performance Metric. Accordingly, and without limitation to Company's rights under said Section 2.6(c) (GPR Performance Metric and Liquidated Damages) for those MPR Assessment Periods during which the Seller Subscriber Organization failed to achieve the GPR Performance Metric, the failure of the PV System to achieve, for each of three consecutive Contract Years, a Measured Performance Ratio of not less than the Tier 2 Bandwidth for such Contract Year shall constitute an Event of Default under Section 15.1(c) of this Agreement for which Company shall have the rights (including but not limited to the termination rights) set forth in Article 15 (Events of Default) and Article 16 (Damages in the Event of Termination by Company).

MPR Termination Rights. The Parties acknowledge that, although the intent of the liquidated damages payable under Section 2.6(c) (GPR Performance Metric Benchmark and Liquidated Damages) is to compensate Company for the damages that Company would incur if the Seller fails to achieve the GPR Performance Metric Benchmark for a MPR Assessment LD Period, such liquidated damages are not intended to compensate Company for the damages that Company would incur if a pattern of underperformance establishes a reasonable expectation that the Facility is likely to continue to substantially substantially‌‌ underperform the GPR Performance MetricBenchmark. Accordingly, and without limitation to Company's ’s rights under said Section 2.6(c) (GPR Performance Metric Benchmark and Liquidated Damages) for those MPR Assessment LD Periods during which the Seller failed to achieve the GPR Performance MetricBenchmark, the failure of the PV System Facility to achieve, for each of three consecutive Contract Years, a Measured Performance Ratio of not less than the Tier 2 Bandwidth for such Contract Year shall constitute an Event of Default under Section 15.1(c) of this Agreement for which Company shall have the rights (including but not limited to the termination rights) set forth in Article 15 (Events of Default) and Article Article‌‌‌‌‌‌‌‌ 16 (Damages in the Event of Termination by Company).