Common use of Post-Showing Shortfall Prior to Showing Month Clause in Contracts

Post-Showing Shortfall Prior to Showing Month. In the event that CAISO, CPUC, or other Governmental Authority determines in accordance with the CAISO Tariff that Buyer is required to provide outage replacement for any portion of the Delivered Quantity for any portion of a Showing Month which was shown by Buyer in its Compliance Showing (“Shortfall”), then Seller shall pay to Buyer liquidated damages in the amount of $6.31/kw-month (this number shall rise at the rate of inflation set by the BLS Consumer Price Index beginning at the Execution Date) multiplied by the Shortfall, all or any portion of such damages are “Replacement Damages”. In no event shall Buyer be required to use or change its utilization of its owned or controlled assets or market positions to minimize a Shortfall. Buyer shall not have to enter into any replacement transaction to establish the Replacement Damages. If Replacement Damages are due, then Buyer shall provide Notice to Seller of the amounts due and Buyer may draw such amounts due from the Monthly Payment. Each Party agrees that (a) the damages that Xxxxx would incur due to a Shortfall would be difficult or impossible to predict with certainty and (b) the Replacement Damages are an appropriate approximation of such damages.

Post-Showing Shortfall Prior to Showing Month. In the event that CAISO, CPUC, or other Governmental Authority determines in accordance with the CAISO Tariff that Buyer is required to provide outage replacement for any portion of the Delivered Quantity for any portion of a Showing Month which was shown by Buyer in its Compliance Showing (“Shortfall”), then Seller shall pay to Buyer liquidated damages in the amount of $6.31/kw-month (this number shall rise at the rate of inflation set determined by the BLS Consumer Price Index published by the U.S. Bureau of Labor Statistics beginning at the Execution Date) multiplied by the Shortfall, all or any portion of such damages are “Replacement Damages”. In no event shall Buyer be required to use or change its utilization of its owned or controlled assets or market positions to minimize a Shortfall. Buyer shall not have to enter into any replacement transaction to establish the Replacement Damages. If Replacement Damages are due, then Buyer shall provide Notice to Seller of the amounts due and Buyer may draw such amounts due from the Monthly Payment. Each Party agrees that (a) the damages that Xxxxx would incur due to a Shortfall would be difficult or impossible to predict with certainty and (b) the Replacement Damages are an appropriate approximation of such damages.

Post-Showing Shortfall Prior to Showing Month. In the event that CAISO, CPUC, or other Governmental Authority determines in accordance with the CAISO Tariff that Buyer is required to provide outage replacement for any portion of the Delivered Quantity Quantities for any portion of a Showing Month which was shown by Buyer in its Compliance Showing (“Shortfall”), then Seller shall pay to Buyer liquidated damages in the amount of $6.31/kw-month (this number shall rise at the rate of inflation set determined by the BLS Consumer Price Index published by the U.S. Bureau of Labor Statistics beginning at the Execution Date) multiplied by the Shortfall, all or any portion of such damages are “Replacement Damages”. In no event shall Buyer be required to use or change its utilization of its owned or controlled assets or market positions to minimize a Shortfall. Buyer shall not have to enter into any replacement transaction to establish the Replacement Damages. If Replacement Damages are due, then Buyer shall provide Notice to Seller of the amounts due and Buyer may draw such amounts due from the Monthly Payment. Each Party agrees that (a) the damages that Xxxxx would incur due to a Shortfall would be difficult or impossible to predict with certainty and (b) the Replacement Damages are an appropriate approximation of such damages.

Post-Showing Shortfall Prior to Showing Month. In the event that CAISO, CPUC, or other Governmental Authority determines in accordance with the CAISO Tariff that Buyer is required to provide outage replacement for any portion of the Delivered Quantity for any portion of a Showing Month which was shown by Buyer in its Compliance Showing (“Shortfall”), then Shortfall”),then Seller shall pay to Buyer liquidated damages in the amount of $6.31/kw-month (this number shall rise at the rate of inflation set by the BLS Consumer Price Index beginning at the Execution Date) multiplied by the Shortfall, all or any portion of such damages are “Replacement Damages”. In no event shall Buyer be required to use or change its utilization of its owned or controlled assets or market positions to minimize a Shortfall. Buyer shall not have to enter into any replacement transaction to establish the Replacement Damages. If Replacement Damages are due, then Buyer shall provide Notice to Seller of the amounts due and Buyer may draw such amounts due from the Monthly Payment. Each Party agrees that (ai) the damages that Xxxxx Buyer would incur due to a Shortfall would be difficult or impossible to predict with certainty and (bii) the Replacement Damages are an appropriate approximation of such damages.

Post-Showing Shortfall Prior to Showing Month. In the event that CAISO, CPUC, or other Governmental Authority determines in accordance with the CAISO Tariff that Buyer is required to provide outage replacement for any portion of the Delivered Quantity for any portion of a Showing Month which was shown by Buyer in its Compliance Showing (“Shortfall”), then Seller shall pay to Buyer liquidated damages the Replacement Damage Amount in the amount shown in section E of $6.31/kwthe Cover Sheet, or the CPI-month (this number shall rise at the rate of inflation set by the BLS Consumer Price Index beginning at the Execution Date) adjusted amount, multiplied by the Shortfall, all . All or any portion of such damages are “Replacement Damages”. In no event shall Buyer be required to use or change its utilization of its owned or controlled assets or market positions to minimize a Shortfall. Buyer shall not have to enter into any replacement transaction to establish the Replacement Damages. If Replacement Damages are due, then Buyer shall provide Notice to Seller of the amounts due and Buyer may draw such amounts due from the Monthly Payment. Each Party agrees that (a) the damages that Xxxxx would incur due to a Shortfall would be difficult or impossible to predict with certainty and (b) the Replacement Damages are an appropriate approximation of such damages.

Post-Showing Shortfall Prior to Showing Month. In the event that CAISO, CPUC, or other Governmental Authority determines in accordance with the CAISO Tariff that Buyer is required to provide outage replacement for any portion of the Delivered Quantity for any portion of a Showing Month which was shown by Buyer in its Compliance Showing (“Shortfall”), then Shortfall”),then Seller shall pay to Buyer liquidated damages in the amount of $6.31/kw-month (this number shall rise at the rate of inflation set by the BLS Consumer Price Index beginning at the Execution Date) multiplied by the Shortfall, all or any portion of such damages are “Replacement Damages”. In no event shall Buyer be required to use or change its utilization of its owned or controlled assets or market positions to minimize a Shortfall. Buyer shall not have to enter into any replacement transaction to establish the Replacement Damages. If Replacement Damages are due, then Buyer shall provide Notice to Seller of the amounts due and Buyer may draw such amounts due from the Monthly Payment. Each Party agrees that (a) the damages that Xxxxx Buyer would incur due to a Shortfall would be difficult or impossible to predict with certainty and (b) the Replacement Damages are an appropriate approximation of such damages.

Post-Showing Shortfall Prior to Showing Month. In the event that CAISO, CPUC, or other Governmental Authority determines in accordance with the CAISO Tariff that Buyer is required to provide outage replacement for any portion of the Delivered Quantity for any portion of a Showing Month which was shown by Buyer in its Compliance Showing (“Shortfall”), then Seller shall pay to Buyer liquidated damages in the amount of $6.31/kw-month (this number shall rise at the rate of inflation set by the BLS Consumer Price Index beginning at the Execution Date) multiplied by the Shortfall, ; all or any portion of such damages are “Replacement Damages”. In no event shall Buyer be required to use or change its utilization of its owned or controlled assets or market positions to minimize a Shortfall. Buyer shall not have to enter into any replacement transaction to establish the Replacement Damages. If Replacement Damages are due, then Buyer shall provide Notice to Seller of the amounts due and Buyer may draw such amounts due from the Monthly Payment. Each Party agrees that (a) the damages that Xxxxx would incur due to a Shortfall would be difficult or impossible to predict with certainty and (b) the Replacement Damages are an appropriate approximation of such damages.

Post-Showing Shortfall Prior to Showing Month. In the event that CAISO, CPUC, or other Governmental Authority determines in accordance with the CAISO Tariff that Buyer is required to provide outage replacement for any portion of the Delivered Quantity Quantities for any portion of a Showing Month which was shown by Buyer in its Compliance Showing (“Shortfall”), then Seller shall pay to Buyer liquidated damages in the amount of $6.31/kw-month (this number shall rise at the rate of inflation set by the BLS Consumer Price Index beginning at the Execution Date) multiplied by the Shortfall, all or any portion of such damages are “Replacement Damages”. In no event shall Buyer be required to use or change its utilization of its owned or controlled assets or market positions to minimize a Shortfall. Buyer shall not have to enter into any replacement transaction to establish the Replacement Damages. If Replacement Damages are due, then Buyer shall provide Notice to Seller of the amounts due and Buyer may draw such amounts due from the Monthly Payment. Each Party agrees that (a) the damages that Xxxxx would incur due to a Shortfall would be difficult or impossible to predict with certainty and (b) the Replacement Damages are an appropriate approximation of such damages.

Post-Showing Shortfall Prior to Showing Month. In the event that CAISO, CPUC, or other Governmental Authority determines in accordance with the CAISO Tariff that Buyer is required to provide outage replacement for any portion of the Delivered Quantity for any portion of a Showing Month which was shown by Buyer in its Compliance Showing (“Shortfall”), then Seller shall pay to Buyer liquidated damages in the amount of $6.31/kw-month (this number shall rise at the rate of inflation set by the BLS Consumer Price Index beginning at the Execution Date) multiplied by the Shortfall, all or any portion of such damages are “Replacement Damages”. In no event shall Buyer be required to use or change its utilization of its owned or controlled assets or market positions to minimize a Shortfall. Buyer shall not have to enter into any replacement transaction to establish the Replacement Damages. If Replacement Damages are due, then Buyer shall provide Notice to Seller of the amounts due and Buyer may draw such amounts due from the Monthly Payment. Each Party agrees that (a) the damages that Xxxxx Buyer would incur due to a Shortfall would be difficult or impossible to predict with certainty and (b) the Replacement Damages are an appropriate approximation of such damages.

Post-Showing Shortfall Prior to Showing Month. In the event that CAISO, CPUC, or other Governmental Authority determines in accordance with the CAISO Tariff that Buyer is required to provide outage replacement for any portion of the Delivered Quantity Quantities for any portion of a Showing Month which was shown by Buyer in its Compliance Showing (“Shortfall”), then Seller shall pay to Buyer liquidated damages in the amount of $6.317.34/kw-month (this number shall rise at the rate of inflation set determined by the BLS Consumer Price Index published by the U.S. Bureau of Labor Statistics beginning at the Execution Date) multiplied by the Shortfall, all or any portion of such damages are “Replacement Damages”. In no event shall Buyer be required to use or change its utilization of its owned or controlled assets or market positions to minimize a Shortfall. Buyer shall not have to enter into any replacement transaction to establish the Replacement Damages. If Replacement Damages are due, then Buyer shall provide Notice to Seller of the amounts due and Buyer may draw such amounts due from the Monthly Payment. Each Party agrees that (a) the damages that Xxxxx would incur due to a Shortfall would be difficult or impossible to predict with certainty and (b) the Replacement Damages are an appropriate approximation of such damages.

Post-Showing Shortfall Prior to Showing Month. In the event that CAISO, CPUC, or other Governmental Authority determines in accordance with the CAISO Tariff that Buyer is required to provide outage replacement for any portion of the Delivered Quantity for any portion of a Showing Month which was shown by Buyer in its Compliance Showing (“Shortfall”), then Seller shall pay to Buyer liquidated damages in the amount of $6.31/kw-month (this number shall rise at the rate of inflation set by the BLS Consumer Price Index beginning at the Execution Date) multiplied by the Shortfall, all or any portion of such damages are “Replacement Damages”. In no event shall Buyer be required to use or change its utilization of its owned or controlled assets or market positions to minimize a Shortfall. Buyer shall not have to enter into any replacement transaction to establish the Replacement Damages. If Replacement Damages are due, then Buyer shall provide Notice to Seller of the amounts due and Buyer may draw such amounts due from the Monthly Payment. Each Party agrees that (ai) the damages that Xxxxx would incur due to a Shortfall would be difficult or impossible to predict with certainty and (bii) the Replacement Damages are an appropriate approximation of such damages.