Common use of RA Deficiency Amount Calculation Clause in Contracts

RA Deficiency Amount Calculation. For each RA Shortfall Month, Seller shall pay to Buyer an amount (the “RA Deficiency Amount”) equal to the difference, expressed in kW, of (i) the Qualifying Capacity of the Facility, minus (ii) the Net Qualifying Capacity of the Facility that may be included in Supply Plans by Buyer (the “RA Shortfall Amount”), multiplied by the applicable RA Deficiency Multiplier, as designated on the Cover Sheet; provided that Seller may, as an alternative to paying RA Deficiency Amounts, provide Replacement RA in the amount of the RA Shortfall Amount for such Showing Month, provided that: (i) any Replacement RA capacity is communicated by Seller to Buyer with Replacement RA product information in a written Notice substantially in the form of Exhibit M at least seventy-five (75) calendar days before the RA Shortfall Month; and (ii) that such Replacement RA capacity shall be required to comply with the requirements of D.00-00-000, and in addition, meet the same sub-category attributes if contracted for one of the sub-categories of D.00-00-000, only to the extent required for the Product purchased hereunder to be applied towards Xxxxx’s compliance with its procurement obligations under D.00-00-000 as confirmed through a decision, resolution, publicly issued guidance document, letter from the CPUC Executive Director, or other communication of approval or confirmation mutually agreed to by the Parties. For avoidance of doubt, if the Net Qualifying Capacity has not been published by or otherwise established with the CAISO by the Notification Deadline for such RA Shortfall Month, then the Net Qualifying Capacity shall be deemed to be zero (0) MW. For avoidance of doubt, any RA Deficiency Amount paid by Seller to Buyer is in addition to, and is not set off by or otherwise reduced by any other damage payment paid by Seller to Buyer, including Construction Start Delay Damages, Commercial Operation Delay Damages, and/or the Damage Payment.

RA Deficiency Amount Calculation. For each RA Shortfall Month, Seller shall pay to Buyer an amount (the “RA Deficiency Amount”) equal to the product of the difference (such difference, the “RA Shortfall”), expressed in kW, of (i) the Qualifying Capacity of the FacilityGuaranteed RA Amount, minus (ii) the Net Qualifying Capacity of the Facility that may lowest amount (in kW) eligible to be included as System RA in Buyer’s members Supply Plans by Buyer (both the “RA Shortfall Amount”)CPUC and CAISO for such month, multiplied by the applicable larger of (a) $10.00/kW-mo., or (b) the CPM Soft Offer Cap and the RA Deficiency Multiplier, as designated on the Cover SheetPenalty; provided that Seller may, as an alternative to paying RA Deficiency Amounts, provide Replacement RA in the amount of up to the RA Shortfall Amount for such Showing MonthShortfall, provided that: (i) that any Replacement RA capacity is (i) communicated by Seller to Buyer with Replacement RA product information in a written Notice notice substantially in the form of Exhibit M attached to the PPA at least seventy-five (75) calendar days before the RA Shortfall applicable Showing Month; and , (ii) that delivered to Buyer at least ten (10) Business Days before the CPUC and CAISO Showing Deadline for the Showing Month for the purpose of annual and monthly RA Plan reporting, and (iii) such Replacement RA capacity shall be required to comply with the requirements of D.00-00-000, and in addition, meet the same sub-category attributes if contracted for one of the sub-categories of D.00-00-000, only to the extent required for the Product purchased hereunder to be applied towards XxxxxBuyer’s compliance with its procurement obligations under D.00-00-000 as confirmed through a decision, resolution, publicly issued guidance document, letter from the CPUC Executive Director, or other communication of approval or confirmation mutually agreed to by the Parties. For avoidance of doubt, if the Net Qualifying Capacity has not been published by or otherwise established with the CAISO by the Notification Deadline for such RA Shortfall Month, then the Net Qualifying Capacity shall be deemed to be zero (0) MW. For avoidance of doubt, any RA Deficiency Amount paid by Seller to Buyer is in addition to, and is not set off by or otherwise reduced by any other damage payment paid by Seller to Buyer, including Construction Start Delay Damages, Commercial Operation Delay Damages, and/or the Damage Payment.

RA Deficiency Amount Calculation. For each RA Shortfall Month, Seller shall pay to Buyer an amount (the “RA Deficiency Amount”) equal to the product of the difference, expressed in kW, of (i) the Qualifying Capacity of the FacilityFacility (or, if applicable, during the period between the RA Guarantee Date and the Effective FCDS Date, the Guaranteed Capacity), minus (ii) the Net Qualifying Capacity of the Facility that may be included in Supply Plans by Buyer (the “RA Shortfall Amount”)Facility, multiplied by the applicable RA Deficiency Multiplier, price for CPM Capacity as designated on listed in Section 43.7.1 of the Cover SheetXXXXX Xxxxxx (or its successor); provided that Seller may, as an alternative to paying some or all of the RA Deficiency Amounts, provide Replacement RA in the amount of (X) the Qualifying Capacity of the Facility with respect to such month, minus (Y) the Net Qualifying Capacity of the Facility with respect to such month, not to exceed of the Qualifying Capacity amount in any such Shortfall Month, and provided that (i) the amount of Replacement RA Shortfall Amount provided by Seller in a rolling twelve-month period does not exceed of the Qualifying Capacity for such Showing Monthperiod, provided that: and (iii) any Replacement RA capacity is communicated by Seller to Buyer with Replacement RA product information in a written Notice substantially in the form of Exhibit M at least seventy-five fifty (7550) calendar days Business Days before the RA Shortfall Month; and (ii) that such Replacement RA capacity shall be required to comply with the requirements of D.00-00-000, and in addition, meet the same sub-category attributes if contracted for one of the sub-categories of D.00-00-000, only to the extent required applicable CPUC operating month for the Product purchased hereunder to be applied towards Xxxxx’s compliance with its procurement obligations under D.00-00-000 as confirmed through a decision, resolution, publicly issued guidance document, letter from the CPUC Executive Director, or other communication purpose of approval or confirmation mutually agreed to by the Parties. For avoidance of doubt, if the Net Qualifying Capacity has not been published by or otherwise established with the CAISO by the Notification Deadline for such monthly RA Shortfall Month, then the Net Qualifying Capacity shall be deemed to be zero (0) MW. For avoidance of doubt, any RA Deficiency Amount paid by Seller to Buyer is in addition to, and is not set off by or otherwise reduced by any other damage payment paid by Seller to Buyer, including Construction Start Delay Damages, Commercial Operation Delay Damages, and/or the Damage Paymentreporting.

RA Deficiency Amount Calculation. For each RA Shortfall Month, Seller shall pay to Buyer an amount (the “RA Deficiency Amount”) equal to the difference, expressed in kW, of (i) the Qualifying Capacity of the Facility, minus (ii) the Net Qualifying Capacity of the Facility that may be included in Supply Plans by Buyer (the “RA Shortfall Amount”), multiplied by the applicable RA Deficiency Multiplier, as designated on the Cover Sheet; provided that Seller may, as an alternative to paying RA Deficiency Amounts, provide Replacement RA in the amount of the RA Shortfall Amount for such Showing Month, provided that: (i) any Replacement RA capacity is communicated by Seller to Buyer with Replacement RA product information in a written Notice substantially in the form of Exhibit M at least seventy-five (75) calendar days before the RA Shortfall Month; and (ii) that such Replacement RA capacity shall be required to comply with the requirements of D.00-00-000, and in addition, meet the same sub-category attributes if contracted for one of the sub-categories of D.00-00-000, only to the extent required for the Product purchased hereunder to be applied towards Xxxxx’s compliance with its procurement obligations under D.00-00-000 as confirmed through a decision, resolution, publicly issued guidance document, letter from the CPUC Executive Director, or other communication of approval or confirmation mutually agreed to by the Parties. For avoidance of doubt, if the Net Qualifying Capacity has not been published by or otherwise established with the CAISO by the Notification Deadline for such RA Shortfall Month, then the Net Qualifying Capacity shall be deemed to be zero (0) MW. For avoidance of doubt, any RA Deficiency Amount paid by Seller to Buyer is in addition to, and is not set off by or otherwise reduced by any other damage payment paid by Seller to Buyer, including Construction Start Delay Damages, Commercial Operation Delay Damages, and/or the Damage Payment.