Common use of PV System Equivalent Availability Factor Performance Metric and Liquidated Damages Clause in Contracts

PV System Equivalent Availability Factor Performance Metric and Liquidated Damages. For each LD Period, a PV System Equivalent Availability Factor shall be calculated as provided in accordance with Section 2.5(a) (Calculation of PV System Equivalent Availability Factor) of this Agreement. In the event the PV System Equivalent Availability Factor is less than 98% (the "PV System Equivalent Availability Factor Performance Metric") for any LD Period, Seller shall be subject to liquidated damages as set forth in this Section 2.5(b) (PV System Equivalent Availability Factor Performance Metric and Liquidated Damages). For avoidance of doubt, because the PV System Equivalent Availability Factor is calculated over an LD Period of 12 calendar months, the first month for which liquidated damages would be calculated under this Section 2.5(b) (PV System Equivalent Availability Factor Performance Metric and Liquidated Damages) would be the last calendar month of the initial Contract Year. If the PV System Equivalent Availability Factor for a LD Period is less than the PV System Equivalent Availability Factor Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for Seller's failure to achieve the PV System Equivalent Availability Factor Performance Metric for such LD Period, an amount calculated in accordance with the following formula:

PV System Equivalent Availability Factor Performance Metric and Liquidated Damages. For each LD Period, a PV System Equivalent Availability Factor shall be calculated as provided in accordance with Section 2.5(a) (Calculation of PV System Equivalent Availability Factor) of this Agreement. In the event the PV System Equivalent Availability Factor is less than 98% (the "PV System Equivalent Availability Factor Performance Metric") for any LD Period, Seller Subscriber Organization shall be subject to liquidated damages as set forth in this Section 2.5(b) (PV System Equivalent Availability Factor Performance Metric and Liquidated Damages). For avoidance of doubt, because the PV System Equivalent Availability Factor is calculated over an LD Period of 12 calendar months, the first month for which liquidated damages would be calculated under this Section 2.5(b) (PV System Equivalent Availability Factor Performance Metric and Liquidated Damages) would be the last calendar month of the initial Contract Year. If the PV System Equivalent Availability Factor for a LD Period is less than the PV System Equivalent Availability Factor Performance Metric, Seller Subscriber Organization shall pay, and Company shall accept, as liquidated damages for SellerSubscriber Organization's failure to achieve the PV System Equivalent Availability Factor Performance Metric for such LD Period, an amount calculated in accordance with the following formula:: PV System Equivalent Availability Factor

PV System Equivalent Availability Factor Performance Metric and Liquidated Damages. For each LD Period, a PV System Equivalent Availability Factor shall be calculated as provided in accordance with Section 2.5(a) (Calculation of PV System Equivalent Availability Factor) of this Agreement. In the event the PV System Equivalent Availability Factor is less than 98% (the "PV System Equivalent Availability Factor Performance Metric") for any LD Period, Seller shall be subject to liquidated damages as set forth in this Section 2.5(b) (PV System Equivalent Availability Factor Performance Metric and Liquidated Damages). For avoidance of doubt, because the PV System Equivalent Availability Factor is calculated over an LD Period of 12 calendar months, the first month for which liquidated damages would be calculated under this Section 2.5(b) (PV System Equivalent Availability Factor Performance Metric and Liquidated Damages) would be the last calendar month of the initial Contract Year. If the PV System Equivalent Availability Factor for a LD Period is less than the PV System Equivalent Availability Factor Performance Metric, Seller shall pay, in accordance with Section 2.12 (Payment of Liquidated Damages for Failure to Achieve Performance Metrics; Limitation on Liquidated Damages), and Company shall accept, as liquidated damages for Seller's failure to achieve the PV System Equivalent Availability Factor Performance Metric for such LD Period, an amount calculated in accordance with the following formula: