Common use of Reduced Facility Size Clause in Contracts

Reduced Facility Size. To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements for the Commercial Operation Date under Section 3.4(b) of this Agreement but there is a Capacity Deficiency on the Commercial Operation Date, then at least thirty (30) days prior to the anticipated Commercial Operation Date, Seller shall provide written notice to Buyer as to whether it is electing to exercise the Capacity Downsize Option and/or to continue with the Additional Construction Period, each as described in Section 3.4. Upon the written notice from the Seller of an election to exercise the Capacity Downsize Option or upon delivery of the Additional Construction IE Certificate with an Actual Facility Size that is less than the Expected Nameplate Capacity (as adjusted to reflect any previous election of the Capacity Downsize Option), as applicable, and the payment of Capacity Deficiency Damages under Section 3.4(g), the Contract Maximum Amount shall be automatically and permanently reduced commensurate with the Actual Facility Size, which reduced Contract Maximum Amount shall be stated in a notice from Buyer to Seller, which notice shall be binding absent manifest error.

Reduced Facility Size. To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements for the Commercial Operation Date under Section 3.4(b) of this Agreement but there is a Capacity Deficiency on the Commercial Operation Date, then at least thirty (30) days prior to the anticipated Commercial Operation Date, Seller shall provide written notice to Buyer as to whether it is electing to exercise the Capacity Downsize Option and/or to continue with the Additional Construction Period, each as described in Section 3.4. Upon the written notice from the Seller of an election to exercise the Capacity Downsize Option or upon delivery of the Additional Construction IE Certificate with an Actual Facility Size that is less than the Expected Nameplate Capacity (as adjusted to reflect any previous election of the Capacity Downsize Option), as applicable, and the payment of Capacity Deficiency Damages under Section 3.4(g), the Contract Maximum Amount and the Delivery Schedule shall be automatically and permanently reduced commensurate with the Actual Facility Size, which reduced Contract Maximum Amount shall be stated in a notice from Buyer to Seller, which notice shall be binding absent manifest error.