RA Deficiency Determination Clause Samples
The RA Deficiency Determination clause establishes the process for identifying and addressing deficiencies in the performance or deliverables of a Responsible Authority (RA). Typically, this clause outlines the criteria for what constitutes a deficiency, the procedures for notification, and the steps required for the RA to remedy the issue within a specified timeframe. For example, if the RA fails to meet certain service levels or deliverables, the clause may require formal notice and provide an opportunity to cure the deficiency. Its core practical function is to ensure accountability and provide a structured mechanism for resolving performance issues, thereby protecting the interests of the other party and maintaining project standards.
RA Deficiency Determination. For each RA Shortfall Month, Seller shall pay to Buyer the RA Deficiency Amount as liquidated damages or provide Replacement RA, in each case, as the sole remedy for the Capacity Attributes Seller failed to convey to Buyer.
RA Deficiency Determination. Notwithstanding Seller’s obligations set forth in Section 3.4(a)(i)(A) or anything to the contrary herein, the Parties acknowledge and agree that:
(A) if Seller is unable to obtain the deliverability type selected in Section A of the Cover Page by the RA Start Date, then Seller shall pay to Buyer the RA Deficiency Amount for each RA Shortfall Month as liquidated damages due to Buyer for the Capacity Attributes that Seller failed to convey to Buyer; and
(B) if Seller is unable to obtain the deliverability type selected in Section A of the Cover Page by the Deliverability Finding Deadline, then Seller shall be in breach of this Agreement and subject to an Event of Default under Sections 5.1(b)(vi) - (vii), regardless of Seller’s payment of any RA Deficiency Amount hereunder.
RA Deficiency Determination. Notwithstanding Seller’s obligations set forth in Section 4.3 or anything to the contrary herein, the Parties acknowledge and agree that if Seller is unable to obtain the deliverability type selected on the Cover Sheet by the RA Guarantee Date, then Seller shall pay to Buyer the RA Deficiency Amount for each RA Shortfall Month as liquidated damages due to Buyer for the Capacity Attributes that Seller failed to convey to Buyer.
RA Deficiency Determination. Notwithstanding Seller’s obligations set forth in Section 4.3 or anything to the contrary herein, the Parties acknowledge and agree that if Seller has failed to obtain Full Capacity Deliverability Status for the Facility by the RA Guarantee Date, or if Seller otherwise fails to provide Resource Adequacy Benefits in an amount equal to the Facility’s Qualifying Capacity as required hereunder, then Seller shall pay to Buyer the RA Deficiency Amount for each RA Shortfall Month as liquidated damages due to Buyer for the Capacity Attributes that Seller failed to convey to Buyer. Notwithstanding the foregoing, in lieu of any RA Deficiency Amount payable to Buyer, for the first and/or second month of the Delivery Term, to the extent that Seller fails to provide Resource Adequacy Benefits (or Replacement RA in lieu thereof) solely due to the CAISO and/or CPUC registration process for new resources, the Storage Rate during such months for such RA Shortfall shall be fifty percent (50%) of the otherwise applicable Storage Rate.
RA Deficiency Determination. Notwithstanding Seller’s obligations set forth in Section 4.3 or anything to the contrary herein, the Parties acknowledge and agree that if Seller has indicated that the [Generating/Storage] Facility will have Full Capacity Deliverability Status on the Cover Sheet, but has failed to obtain such status for the [Generating/Storage] Facility by the RA Guarantee Date, or if Seller otherwise fails to provide Resource Adequacy Benefits in an amount equal to or greater than the Facility’s Qualifying Capacity as required hereunder, then Seller shall pay to Buyer the RA Deficiency Amount for each RA Shortfall Month as liquidated damages due to Buyer for the Capacity Attributes that Seller failed to convey to Buyer.
RA Deficiency Determination. Notwithstanding Seller’s obligations set forth in Section 3.4(a)(i)(A) or anything to the contrary herein, the Parties acknowledge and agree that:
(A) if Seller is unable to obtain a [FCDS Finding][PCDS Finding] by the RA Start Date, then Seller shall pay to Buyer the RA Deficiency Amount for each RA Shortfall Month as liquidated damages due to Buyer for the Capacity Attributes that Seller failed to convey to Buyer; and
(B) if Seller is unable to obtain a [FCDS Finding][PCDS Finding] by the Deliverability Finding Deadline, then Seller shall be in breach of this Agreement and subject to an Event of Default under Section 5.1(b)(vi), regardless of Seller’s payment of any RA Deficiency Amount hereunder.
RA Deficiency Determination. For each RA Shortfall Month, Seller shall first use commercially reasonable efforts to provide Replacement RA in accordance with Section 3.5(c) below, and then pay to Buyer the RA Deficiency Amount if a shortfall remains following ▇▇▇▇▇▇’s attempt to replace the RA. Seller’s provision of Replacement RA and/or payment of the RA Deficiency Amount is ▇▇▇▇▇’s sole remedy for (i) any RA Shortfall, and (ii) any failure by Seller to deliver Capacity Attributes and the Expected RA Capacity hereunder.