Power Purchase. 2.1 The SPO agrees to exclusively sell at the Delivery Point to the Consumer and the Consumer agrees to purchase the Contracted Capacity at the Delivery Point at the Tariff, subject to and in accordance with the terms and conditions set forth in this Agreement. For avoidance of doubt, in the event that the SPO is unable to operate the Plant in part or whole for any period of time during the Term for any reason other than a technical failure of the Plant, Force Xxxxxx or reasons attributable to SPO or Contractor, the Consumer shall be liable to compensate the SPO for lost revenues based on preceding 12 (Twelve) months (or, if the disruption occurs within the first 12 (Twelve) months of operation, the normative output for such period as estimated by the SPO) performance history of the Plant. 2.2 The SPO guarantees generation as per Schedule. In the event, the annual generation falls below guaranteed limits for any reason whatsoever subject to annual degradation of 0.7% (in subsequent years), SPO will pay an amount equivalent to number of units falling short multiplied by the difference of rate between SPG’s rate and the annual average rate at which the power distribution company supplies power.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
