Right to Contracted Capacity and Energy. The SPD will be allowed to revise the CUF of the Project once within first year after COD. Subsequent to commissioning of the Project, if for any Contract Year, except for the first year after Project commissioning, it is found that the SPD has not been able to supply minimum energy of Million kWh (MU) till the end of 10 years from the SCD and ………….. Million kWh (MU) for the rest of the Term of the Agreement, on account of reasons solely attributable to the SPD, the noncompliance by SPD shall make the SPD liable to pay the compensation which shall be calculated as 50% of the PPA tariff, for the shortfall in energy terms. This compensation shall not be applicable in events of Force Majeure identified under this Agreement affecting supply of Solar Power by SPD
